(a) In accordance with subsection (b), a
person or municipality subject to this subchapter shall:
(1) Perform a detailed analysis that fully
characterizes the physical properties and chemical composition of each type of
waste that is generated. This analysis shall include available information from
material safety data sheets or similar sources that may help characterize the
physical properties and chemical composition of the waste.
(2) Make a determination of whether the waste
is a hazardous waste under Chapter 261a (relating to identification and listing
of hazardous waste) and 40 CFR Part
261 (relating to identification and listing
of hazardous waste) to the extent incorporated in §
261a.1 (relating to incorporation
by reference, purpose and scope).
(3) Submit a copy of the analysis,
determination and a record of laboratory quality control procedures and the use
of those procedures to the Department on forms prepared by the Department and
to each solid waste management facility which accepts or proposes to accept the
waste from the person or municipality for processing or disposal in accordance
with written approval from the Department. The information which shall be
submitted to a solid waste management facility may be limited to information
pertaining to the particular types of waste which the facility receives in
accordance with Departmental approval. The submittal of quality control
procedures and procedure information may be waived by the Department if the
information has been previously submitted to the Department.
(b) A person or municipality shall
comply with subsection (a) in accordance with the following timetable:
(1) If residual waste generated by the person
or municipality will be processed or disposed of at a solid waste management
facility which has applied to the Department for approval to process or dispose
of the waste, the person or municipality shall comply with subsection (a) upon
the request of the solid waste management facility.
(2) If residual waste generated by the person
or municipality is processed or disposed of at a solid waste management
facility which has received written approval from the Department to process or
dispose of the waste, the person or municipality shall comply with subsection
(a) for the wastes annually, on or before the anniversary date of the
Department's approval. In addition, the annual submission to the Department
shall identify the permit numbers of each solid waste management facility that
receives residual waste from the person or municipality in accordance with
Departmental approval, and the weight or volume of the waste received in the
previous year at each facility.
(3)
If residual waste generated by the person or municipality is processed or
disposed of at a solid waste management facility in this Commonwealth which
lacks a permit under the act, or which is not located in this Commonwealth, the
person or municipality that generated the waste shall comply with subsection
(a) for the wastes on or before March 1 of each year. In addition, the annual
submission to the Department shall identify the name, address and telephone
number of each solid waste management facility that receives residual waste
from the person or municipality, a permit number assigned to the facility by
the applicable regulatory agency for facilities not located in this
Commonwealth and the weight or volume of the waste received in the previous
year at each facility.
(c) The analytical methodologies used to meet
the requirements of subsection (a) shall be those in the most recent edition of
the EPA's "Test Methods for Evaluating Solid Waste" (SW-846), "Methods for
Chemical Analysis of Water and Wastes" (EPA 600/4-79-020), "Standard Methods
for Examination of Water and Wastewater" (prepared and published jointly by the
American Public Health Association, American Waterworks Association, and Water
Pollution Control Federation) or a comparable method subsequently approved by
the EPA or the Department.
(d) The
person taking the samples and the laboratory performing the analysis required
by subsection (a) shall employ the quality assurance/quality control procedures
described in the EPA's "Handbook for Analytical Quality Control in Water and
Wastewater Laboratories" (EPA 600/4-79-019) or "Test Methods for Evaluating
Solid Waste" (SW-846).
(e) A record
of the analyses and certifications required by this section, as well as a
record of the laboratory's quality control procedures and use of those
procedures, shall be kept on the premises where the residual waste was
generated and shall be available to the Department for inspection.
(f) If a person or municipality has submitted
an initial analysis for residual waste that meets the requirements of
subsection (a)(1), in lieu of annually performing the analysis required by
subsection (b), an authorized representative of the person or municipality may
sign and submit to the Department and to the solid waste management facility
that receives the waste from the person or municipality, a certification that
the physical and chemical properties of the waste, and the process by which the
waste was generated, have not changed from those set forth for the previous
year, if the permit for the facility authorizes the certification or that the
waste is processed or disposed of at a solid waste management facility that is
not located in this Commonwealth.
(g) Notwithstanding the certification
permitted in subsection (f), a chemical analysis that meets the requirements of
subsections (a), (c) and (d) shall be completed every 5 years.
(h) The Department may, in writing, waive or
modify the requirements of this section for special handling waste.