25 Pa. Code § 288.201 - Basic limitations
(a)
Except as provided in subsection (b), a person or municipality may not own or
operate a residual waste landfill unless the Department has first issued a
permit to that person or municipality for the facility under this
chapter.
(b) A person or
municipality may conduct monitoring under §
288.123 (relating to groundwater
quality description) without a permit from the Department if the Department has
given written approval for the monitoring based on written plans that are
consistent with this chapter.
(c) A
person or municipality that operates a residual waste landfill shall comply
with the following:
(1) The act, this article
and other applicable regulations promulgated under the act.
(2) The plans and specifications in the
permit, the terms and conditions of the permit, the environmental protection
acts, this title and orders issued by the Department.
(d) A person or municipality may not allow
residual waste to be disposed at the facility unless the Department has
specifically approved the disposal of the waste at the facility, in the
permit.
(e) A coal ash monofill
shall be located in an area that has been previously mined and left unreclaimed
unless the operator provides a detailed written explanation in the permit
application why locating the facility in such an area is not
feasible.
(f) All approved
mitigation measures identified in the application shall be completed before a
facility may accept waste unless otherwise authorized in writing by the
Department for technical reasons.
(g) The following radioactive material
controlled under specific or general license or order authorized by any
Federal, state or other government agency may not be disposed at the facility,
unless specifically exempted from disposal restriction by an applicable
Pennsylvania or Federal statute or regulation:
(1) Naturally occurring and accelerator
produced radioactive material.
(2)
Byproduct material.
(3) Source
material.
(4) Special nuclear
material.
(5) Transuranic
radioactive material.
(6) Low-level
radioactive waste.
(h)
The following radioactive material may not be disposed at the facility, unless
approved in writing by the Department and the disposal does not endanger the
environment, facility staff or public health and safety.
(1) Short-lived radioactive material from a
patient having undergone a medical procedure.
(2) TENORM.
(3) Consumer products containing radioactive
material.
(i) The
limitations in subsections (g) and (h) do not apply to radioactive material as
found in the undisturbed natural environment of this Commonwealth.
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