(a) In accordance with §§
287.612,
287.621-
287.625,
287.631,
287.632,
287.641-
287.644,
287.651 and
287.652 and this section, the
Department may issue general permits on a regional or Statewide basis for a
category of processing when processing is necessary to prepare the waste for
beneficial use, or for a category of beneficial use, or both, of residual waste
when the following are met:
(1) The wastes
included in the category are generated by the same or substantially similar
operations and have the same or substantially similar physical character and
chemical composition. If wastes are not the same or substantially similar and
are blended for use, the blend shall be consistently reproduced with the same
physical character and chemical composition.
(2) The wastes included in the category are
proposed for the same or substantially similar beneficial use or processing
operations.
(3) The activities in
the category can be adequately regulated utilizing standardized conditions
without harming or presenting a threat of harm to the health, safety or welfare
of the people or environment of this Commonwealth. At a minimum, the use of the
waste as an ingredient in an industrial process or as a substitute for a
commercial product may not present a greater harm or threat of harm than the
use of the product or ingredient which the waste is
replacing.
(b) The
Department may issue a general permit upon its own motion under §
287.625 (relating to Department
initiated general permits) or upon an application from a person or municipality
under §§ 287.621-287.624.
(c) The Department may modify, suspend,
revoke or reissue general permits or coverage under a general permit under this
subchapter as it deems necessary to prevent harm or threat of harm to the
health, safety or welfare of the people or environment of this
Commonwealth.
(d) The Department
may issue a general permit for processing combinations of municipal and
residual wastes when processing is necessary to prepare a waste for beneficial
use, or for beneficial use of combinations of municipal and residual wastes, or
both, under Article VIII (relating to municipal waste) or this article,
whichever the Department determines appropriate. The Department will determine
which article is appropriate based on factors including whether the facility is
captive or noncaptive, and the proportion of municipal and residual waste. The
requirements in this subchapter that apply to residual waste also apply to
municipal waste when mixed with residual waste. A general permit for processing
or beneficial use of combinations of sewage sludge and residual waste will be
issued only under Chapter 271, Subchapter I (relating to beneficial
use).
(e) The Department will not
issue a general permit for the following:
(1)
A residual waste disposal impoundment.
(2) A residual waste landfill, a valley fill
or other fill.
(3) The use of
residual waste to fill open pits from coal or noncoal mining except for coal
ash mixed with residual waste when the use does not present a safety hazard,
will improve the overall quality of the area, is limited to the filling to
natural contours of the land and does not present a threat to public health or
the environment.
(4) The use of
residual waste solely to level an area or bring the area to grade unless
construction activity is completed on the area promptly after placement of the
waste. A general permit may be issued for the beneficial use of waste as a
construction material.
(5) The
placement of waste oil or asbestos-containing waste on roads in this
Commonwealth.
(6) Surface land
disposal activities.
(7) The use of
residual waste for construction or operations at a disposal facility.
(f) The Department may issue a
general permit on a regional or Statewide basis for a category of processing
when processing is necessary to prepare a residual waste for beneficial use, or
for a category of beneficial use, or both, for coal ash mixed with other
residual waste.
(g) The Department
may issue a general permit on a regional or Statewide basis for the use, as
construction material, of soil and other materials that do not meet the clean
fill criteria.