(a)
For the first 3 years following initial discharge of leachate into the
collection and handling system, leachate may be handled by vehicular
transportation to, and leachate treatment at, an offsite treatment facility.
Except as provided in §
289.414 (relating to modification
of leachate treatment plan), the operator shall operate a leachate collection
and treatment facility as provided in §
289.452 (relating to basic
treatment methods) within 3 years following the detection of leachate in the
collection or handling system.
(b)
Vehicular transportation of leachate to an offsite treatment facility will not
be allowed, unless the following requirements are met:
(1) Prior to the disposal of waste at the
facility, the operator has in place at the site a permitted and fully
operational system for fully pretreating the leachate in accordance with
applicable pretreatment requirements of the primary and backup offsite
treatment facilities.
(2) One of
the following applies:
(i) Direct discharge
into a publicly-owned treatment works or other permitted treatment facility is
attainable within 3 years.
(ii)
Discharge of treated leachate into a receiving stream in a manner consistent
with The Clean Streams Law and regulations thereunder in attainable within 3
years.
(3) A leachate
recirculation system under §
289.454 (relating to leachate
recirculation) is constructed and fully operational.
(4) The disposal impoundment operator has a
valid contract for the treatment of leachate at an offsite treatment facility
for up to 3 years. The contract shall prohibit the treatment facility operator
from refusing to treat leachate without 6 months' advance written notice to the
landfill operator.
(5) The offsite
treatment facility to which the leachate would be transported is operating in
compliance with The Clean Streams Law and the regulations thereunder, and is
otherwise authorized and capable of accepting and treating leachate from the
disposal impoundment.
(c)
If the operator loses the ability to dispose of leachate at the facility and is
unable to secure an alternate offsite treatment facility acceptable to the
Department within 15 days from loss of its approved treatment facility,
implementation of the treatment plan required by §
289.452 shall begin
immediately.
(d) If the operator
cannot immediately implement a treatment plan under §
289.452 in compliance with this
article, The Clean Streams Law and regulations thereunder, and cannot locate an
alternative offsite treatment facility within 15 days, the operator shall cease
accepting waste at the facility for storage, processing or disposal. Cessation
shall continue until the operator obtains an acceptable means of treating its
leachate from the facility.
(e)
Notwithstanding other provisions of this subchapter, the operator shall have in
place at the site a permitted and fully operational system for fully treating
leachate at least 3 full years before closure of the facility.