25 Pa. Code § 287.114 - Interim operational requirements for unpermitted processing or disposal facilities
(a) Each
operator of a facility subject to §
287.113 (relating to permitting
procedure for unpermitted processing or disposal facilities) shall comply with
the operating requirements of this article prior to receiving a permit from the
Department under this article, except the following:
(1) Sections
288.431-288.440 and
288.451-288.457 (relating to additional
operating requirements-liner system; and additional operating
requirements-leachate treatment).
(2) Sections
288.531-288.539 and
288.551-288.557 (relating to additional
operating requirements-liner system; and additional operating
requirements-leachate treatment) and leachate treatment requirements for Class
II landfills).
(3) Sections
289.271-289.273 (relating to general
requirements; inside slopes; and outside slopes and terraces).
(b) Nothing in subsection (a) prevents the
Department from requiring the operator of a facility subject to §
287.113 to take measures to abate
offsite leachate migration, groundwater degradation or another public nuisance
or threat of harm to public health, safety, welfare or the environment caused
by the operator's failure to comply with §§
288.431-288.440,
288.451-288.457, 288.531-288.539,
288.551-288.557, 289.271-289.273, 289.431-289.439, 289.451-289.457,
289.531-289.538, 289.551-289.557 or prior to receiving a permit from the
Department.
(c) It shall be a
significant violation of the act or this article for the operator of a facility
subject to §
287.113 prior to receiving a
permit from the Department to do one or more of the following:
(1) Process or dispose of a type of solid
waste that was not processed or disposed at the facility prior to July 4,
1992.
(2) Dispose of solid waste on
an area where solid waste was not disposed as of July 4, 1992.
(3) For impoundments, enlarge the capacity of
the facility beyond the capacity that existed as of July 4, 1992.
(4) Expand the capacity of the facility
beyond the capacity that existed as of July 4, 1992.
(5) For disposal facilities, increase the
average daily volume of waste accepted at the facility beyond the average daily
volume that was accepted at the facility as of July 4, 1992.
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