§ 271.103. Permit-by-rule for municipal waste processing facilities other than for infectious or chemotherapeutic waste; qualifying facilities; general requirements.

 (a)  Purpose. Facilities and activities described in this section shall be deemed to have a municipal waste permit by rule if the following general requirements are met:

   (1)  The facility or activity complies with Chapter 285 (relating to storage, collection and transportation of municipal waste).

   (2)  The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of permits.

   (3)  A copy of a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s guidelines for the development and imple-mentation of environmental emergency response plans is retained onsite and available to the Department upon request.

   (4)  Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility and waste handling problems or emergencies are retained onsite and available to the Department upon request.

 (b)  Financial assurances. Subchapter D (relating to financial assurances requirements) is not applicable to facilities which are deemed to have a permit under this section.

 (c)  Inappropriate activity. The Department may require a person or municipality deemed to have a permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.

 (d)  Captive processing facility. A facility that processes municipal waste that is generated solely by the operator, onsite or offsite, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)—(c), the following conditions are met:

   (1)  Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.

   (2)  The processing does not have an adverse effect on public health, safety, welfare or the environment.

   (3)  The processing occurs at the production facility at which some or all of the waste is generated.

   (4)  The operator performs the analyses required by §  271.611 (relating to chemical analysis of waste), unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.

   (5)  For special handling waste, the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.

 (e)  Septage treatment facility. A processing facility, other than a transfer or composting facility, that treats residential septage, either exclusively or mixed with nonresidential septage, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)—(c), the facility complies with the following:

   (1)  The operator performs the analyses required by §  271.611, unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.

   (2)  The processing is included as part of a wastewater treatment process permitted by the Department under The Clean Streams Law (35 P. S. § §  691.1—691.1001), or as part of a permit issued under the act, or the discharge resulting from the processing activity is connected to a public sewer in compliance with the local sewer authority’s requirements, and one of the following applies:

     (i)   The facility discharges into waters of this Commonwealth under a Part II NPDES permit or a water quality management permit and is in compliance with the permit.

     (ii)   The facility discharges into a permitted wastewater treatment plant and is in compliance with the permit.

   (3)  The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.

 (f)  Incinerator. A municipal waste incinerator located at the generation site shall be deemed to have a municipal waste permit under this article if, in addition to the requirements of subsections (a)—(c), the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility and the facility meets one of the following:

   (1)  The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. § §  4001—4015) and the regulations promulgated thereunder.

   (2)  The facility has a capacity of less than 500 pounds or 227 kilograms per hour and is permitted under the Air Pollution Control Act.

 (g)  Mechanical processing facility. A facility for the processing of uncontaminated rock, stone, gravel, brick, block and concrete from construction/demolition activities, individually or in combination, by mechanical or manual sizing or by mechanical or manual separation for prompt reuse shall be deemed to have a municipal waste processing permit-by-rule if it meets the requirements of subsections (a)—(c) and submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. The facility shall be onsite or process less than 50 tons or 45 metric tons per day, and may not operate in violation of any State, county or municipal waste management plan.

 (h)  Yard waste composting facility. A person or municipality that operates a yard waste composting facility that is less than 5 acres, other than an individual backyard composting facility, shall be deemed to have a municipal waste processing permit-by-rule if the person or municipality meets the requirements of subsections (a)—(c), the facility is operated in accordance with the Department’s guidelines on yard waste composting and the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.

Source

   The provisions of this §  271.103 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234787) to (234790).

Cross References

   This section cited in 25 Pa. Code §  271.1 (relating to definitions); 25 Pa. Code §  271.421 (relating to administrative inspections); 25 Pa. Code §  271.611 (relating to chemical analysis of waste); and 25 Pa. Code §  283.1 (relating to scope).



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