§ 273.1. Scope.

 This chapter sets forth application and operating requirements for persons and municipalities that operate municipal waste landfills. The requirements in this chapter are in addition to the applicable requirements in Chapter 271 (relating to municipal waste management—general provisions).

Subchapter B. APPLICATION REQUIREMENTS

GENERAL

Sec.

§ 273.101. Two phase process.

 A person or municipality may submit an application for a permit to operate a municipal waste landfill in two phases, known as Phase I and Phase II, in accordance with this subchapter. Approval by the Department of a Phase I application does not constitute or guarantee approval for the Phase II permit application, issuance of the permit or authority to operate a municipal waste landfill.

PHASE I APPLICATION REQUIREMENTS

§ 273.111. General.

 The Phase I application shall:

   (1)  Comply with § §  273.112—273.121.

   (2)  Comply with Chapter 271, Subchapter B (relating to general requirements for permits and permit applications).

 An application to operate a municipal waste landfill shall contain a narrative describing the following:

   (1)  The general operational concept for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be disposed of at the facility, the type of liner system, the proposed capacity of the facility, the expected life of the facility and the size, sequence and timing of solid waste disposal operations at the facility.

   (2)  A detailed description of the volume of soil needed to construct and operate the facility and of the method by which the soil will be delivered. The description will include the number of trucks, the access roads they will use, delivery times and any other information relevant to assessing the impacts of the operation.

   The provisions of this §  273.112 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (247054).

 (a)  An application shall contain a topographic map, on a scale of 1 inch equals no more than 200 feet with 10-foot maximum contour intervals, including necessary narrative descriptions, which shows the following:

   (1)  The boundaries and names of present owners of record of land, both surface and subsurface, and including easements, rights-of-way and other property interests, for the proposed permit area and adjacent area; the boundaries of the land within the proposed permit area; and a description of title, deed or usage restrictions affecting the proposed permit area.

   (2)  The boundaries of the land to be affected during the estimated total life of the proposed operation, including the boundaries of areas that will be affected in each sequence of landfilling activity and boundaries of areas that will be used for impoundments.

   (3)  The location of the areas on and off the permit area which are proposed to be excavated to obtain earthen material for the construction of the facility, for cover material and for other construction purposes.

   (4)  The location and name of public and private water sources within 1/2 mile of the proposed facility. If more than 50 wells are located within the 1/2-mile radius, the applicant may identify only the closest wells in each direction and generally describe the location and number of wells further away.

   (5)  The location, name and elevation of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches within 1/4 mile of the proposed facility.

   (6)  The location of gas and oil wells—active and inactive—surface and underground coal and noncoal mines—active and inactive—coal seams to a depth of 500 feet, mine spoil piles, dumps, dams, embankments and mine pool discharge points within 1/4 mile of the proposed facility.

   (7)  The location of rights-of-way for high tension power lines, pipelines, railroads and public and private roads within 1/4 mile of the proposed facility.

   (8)  The location of buildings currently in use within 1/4 mile of the proposed facility.

   (9)  If solid waste disposal or processing has previously taken place within 1/4 mile of the proposed facility, the names of the owners or operators, or both, of the facility, the type of solid waste processed or disposed, and if applicable, cross sections indicating the interface details between areas previously filled and areas to be filled.

   (10)  The anticipated location of water quality monitoring points.

   (11)  The boundaries of land within the proposed permit area and adjacent areas identified in §  273.202 (relating to areas where municipal waste landfills are prohibited).

   (12)  The elevation and location of test borings and core samplings taken under §  273.115 (relating to geology and groundwater description), and the location of test pits or excavations taken under §  273.117 (relating to soil description).

   (13)  The municipalities in which the permit area is proposed to be located.

   (14)  The location of sinkholes, fractures, fracture traces, outcrops, lineaments and mine pools in the proposed permit area and adjacent area.

   (15)  The location of water discharges into a surface body of water in the proposed permit area and adjacent area.

   (16)  The location of 100-year floodplain boundaries in the proposed permit area and adjacent area.

 (b)  An application shall contain a topographic map showing the location and name of public water sources within 3 miles downstream or downgradient from the proposed facility. The map shall be on a scale of 1 inch equals no more than 500 feet with 10-foot maximum contour intervals, including necessary narrative descriptions.

 (c)  A different scale for the topographic map required in subsection (a) may be used if approved in writing by the Department.

   The provisions of this §  273.113 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (247054) and (226167) to (226168).

 In preparing the soils, geology and hydrology descriptions required by § §  273.115—273.121, the applicant shall include information about the proposed permit area and the adjacent area. Plans and cross sections submitted to comply with § §  273.115—273.119 shall be on a scale satisfactory to the Department. The map shall be on a scale of 1 inch equals no more than 200 feet, with contour intervals at a maximum of 10 feet. Maps and cross sections submitted for a particular application shall be of the same or easily compared scales.

   The provisions of this §  273.114 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226168).

 (a)  An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent areas down to and including the lowest aquifer that may be affected by the facility, including the following:

   (1)  The results of a sufficient number of test borings and core borings to accurately characterize geology, soils, groundwater flow, groundwater chemistry and flow systems of the proposed permit area and adjacent area, which shall be at least three test borings. At least one test boring shall be a core boring. The applicant shall include the actual surface elevations of the drill holes.

   (2)  Stratigraphy, lithologic, physical characteristics and thickness of each stratum, including the location and depth of aquifers.

   (3)  The hydrologic characteristics of each acquifer described in paragraph (2), including field test data for hydraulic conductivity, storage coefficient and transmissivity, groundwater hydraulic gradient and velocity. The description of these characteristics shall be based on multiple well aquifer tests. Alternative techniques approved by the Department may be employed when multiple well aquifer tests are not feasible. The application shall include the procedures and calculations used to determine these characteristics.

   (4)  The geologic structure within the proposed permit area and adjacent area, and its relation to the regional geological structure.

   (5)  The uses of each aquifer.

   (6)  Aquifer characteristics necessary to accurately describe three dimensional groundwater flow through the proposed permit area and adjacent area, including storage and discharge characteristics.

   (7)  Extent of coal and noncoal mineral deposits and mines within the proposed permit area, as required by §  273.120 (relating to mineral deposits information).

   (8)  The well head protection areas in accordance with §  109.1 (relating to definitions) that may be impacted by the facility.

   (9)  A groundwater contour map based upon the highest groundwater level recorded monthly in each boring for the previous year. The Department may require more frequent measurements after significant precipitation events.

 (b)  A boring or coring not cased and capped or not to be used for groundwater monitoring shall be grouted shut or otherwise sealed in a manner approved by the Department.

   The provisions of this §  273.115 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226168) to (226169).

 (a)  An application shall contain a description of the chemical characteristics of each aquifer in the proposed permit area and adjacent area, based on at least two quarters of monitoring data, one of which shall include the season of the highest local groundwater levels. This description shall be based on quarterly sampling and analysis from each monitoring well for the following parameters:

   (1)  Ammonia-nitrogen, chloride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, total organic carbon, total phenolics, iron, manganese and sodium.

   (2)  Tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethyl benzene, benzene and xylene.

   (3)  Groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.

   (4)  Total alkalinity, fluoride and sulfate and total and dissolved concentrations of each of the following: arsenic, barium, cadmium, chromium, copper, lead, magnesium, mercury, potassium, selenium, silver and zinc.

   (5)  1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, 1,1,2-trichloroethane, 1,2,3-trichloropropane, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 1,2-dichloropropane, 3-chloro-1-propene, 4-methyl-2-pentanone, bromomethane, carbon tetrachloride, chlorobenzene, chlorodibromomethane, chloroethane, chloromethane, cis-1,3-dichloropropene, trans-1,3-dichloropropene, dichlorodifluoromethane, methyl ethyl ketone, tri-bromomethane and trichlorofluoromethane.

   (6)  Ten volatile organic compounds not otherwise identified in this section, based on those compounds showing the greatest apparent concentration from the peaks of a mass spectra of each sample. The ten compounds shall be identified but their concentration does not require measurement.

 (b)  One year of data consistent with this section shall be taken prior to the disposal or storage of waste at the facility.

 (c)  Monitoring wells under this section shall be designed, constructed and maintained under § §  273.281—273.283 (relating to general requirements; number, location and depth of monitoring points; and standards for wells and casing of wells). Sampling and analysis shall be conducted in accordance with a plan approved by the Department under §  273.152(b) (relating to water quality monitoring plan).

   The provisions of this §  273.116 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226169) to (226170).

 (a)  An application shall contain:

   (1)  The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that seasonal high water table will not contact the liner system.

   (2)  A description of soils to be used for daily, intermediate and final cover, and facility construction, including texture, chemical description, laboratory particle size analysis and quantity. A cross section of the borrow pits within the proposed permit area shall be included.

 (b)  In preparing the soils description and elevations, the applicant shall:

   (1)  Base the description on a sufficient number of pits, excavations and samples to allow an accurate characterization of the soils in the proposed permit area and adjacent area, and each onsite or offsite borrow area.

   (2)  Use the following soil classification systems:

     (i)   For daily, intermediate and final cover, the United States Department of Agriculture Soil Classification System.

     (ii)   For the liner system, site construction and other noncover uses, the Unified Soil Classification System.

   (3)  Conduct required laboratory particle size analysis according to ASTM D 422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved, in writing, by the Department prior to the analyses.

   The provisions of this §  273.117 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended July 2, 1992, effective July 4, 1992, 22 Pa. B. 3389; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226170) to (226171).

 (a)  An application shall contain a description of surface waters in the proposed permit area and adjacent areas including, at a minimum:

   (1)  A description of the watershed in which the proposed permit area is located and other watersheds which may be affected by the proposed facility.

   (2)  Surface elevations and rates of flow of streams, springs, seeps and mine discharges in the proposed permit area and adjacent area.

   (3)  A description of the quality of surface waters which will receive flows from surface or groundwater from the proposed permit area, including laboratory analyses of samples.

   (4)  A description of the instream macro-invertebrate community in surface waters above and below the proposed permit area.

 (b)  The surface water information submitted to the Department shall be based on a sufficient number of observations, calculations, weir or flow meter readings and sample analyses to allow an accurate characterization of the physical, chemical and biological characteristics of the surface waters.

 (a)  The applicant shall determine whether the proposed facility is within the groundwater recharge area for public or private water supply. The applicant shall delineate the position of the proposed permit area within relevant groundwater flow systems. The applicant shall identify public and private water supplies which may potentially be adversely affected by groundwater flow associated with the proposed facility.

 (b)  For water supplies which may be adversely affected by the proposed facility, the applicant shall submit a detailed hydrogeologic study addressing the potential effect of the proposed facility on the water supplies.

 (c)  For water supplies which the hydrogeologic study required under subsection (b) indicates may be adversely affected by the proposed facility, the applicant shall demonstrate the following:

   (1)  The hydrogeologic characteristics of the proposed permit area and adjacent area assure that implementation of the applicant’s groundwater monitoring plan will protect water supplies from potential degradation or pollution.

   (2)  The feasibility of permanently replacing or restoring the water supply to like quantity and quality with the existing supply and at no additional cost to the owner. A description of the means to restore or replace the water supply shall also be provided.

 (d)  For purposes of this section, water supply includes existing or currently designated or currently planned sources of water or facilities or systems for the supply of water for human consumption or for agricultural, commercial, industrial or other legitimate use, including the uses protected by the applicable provisions of Chapter 93 (relating to water quality standards).

 (a)  If the proposed permit area and adjacent area overlie existing workings of an underground mine, the applicant shall submit sufficient information to evaluate the potential for mine subsidence damage to the facility, including the following:

   (1)  Maps and plans showing previous mining operations underlying the proposed facility.

   (2)  An investigation, with supporting documentation, by a registered professional engineer with geotechnical expertise addressing the probability and potential impacts of future subsidence. The investigation shall address the potential for additional mining beneath the permit and adjacent area, the stability of the final underground workings, the maximum subsidence likely to occur in the future and the effect of that subsidence on the integrity of the facility, and any measures which have been or will be taken to stabilize the surface.

 (b)  If the proposed permit area or adjacent area overlies recoverable or mineable coals, the applicant shall meet one of the following requirements:

   (1)  The applicant shall demonstrate that the applicant owns the coal and warrants that the coal will not be mined as long as waste remains on the site.

   (2)  The applicant shall meet the following requirements:

     (i)   The applicant owned or entered into an enforceable option contract to purchase land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued.

     (ii)   The applicant submits a written agreement executed prior to December 23, 2000, that demonstrates that coal providing support will not be mined as long as waste remains on the site.

   The provisions of this §  273.120 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226172).

 An applicant shall notify the Bureau of Aviation of the Pennsylvania Department of Transportation, the Federal Aviation Administration and the airport if a proposed landfill or expansion is within 6 miles of an airport runway. The application shall include a copy of each notification and each response to each notification received by the applicant.

   The provisions of this §  273.121 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

   This section cited in 25 Pa. Code §  273.111 (relating to general); 25 Pa. Code §  273.114 (relating to description of geology, soils and hydrology—general requirements).

PHASE II APPLICATION REQUIREMENTS—
GENERAL PROVISIONS

§ 273.131. Basic requirements.

 (a)  The Phase II permit application shall:

   (1)  Comply with § §  273.132—273.137, 273.141, 273.142, 273.151, 273.152, 273.161—273.163, 273.171, 273.181, 273.191 and 273.192.

   (2)  Comply with Chapter 271, Subchapter D (relating to financial assurances requirements).

 (b)  Applications, plans, cross sections, modules and narratives shall demonstrate how the construction and operating requirements of Subchapter C (relating to operating requirements) will be implemented, and shall include quality control measures necessary to ensure proper implementation.

 An application shall contain a description of the municipal waste landfill operations proposed during the life of the facility within the proposed permit area, including, at a minimum, the following:

   (1)  A narrative describing the type and method of municipal waste landfill procedures, procedures for inspection and monitoring of incoming waste, sequence of landfilling activity, type of landfilling activity, proposed engineering techniques and the major equipment to be used under §  273.215 (relating to equipment), using the maps and grids required by §  273.133 (relating to map and grid requirements) as a basis for the description.

   (2)  A narrative explaining the method and schedule for construction, operation, modification, use, maintenance and removal of the following components of the proposed facility, unless their retention is proposed for postclosure land use as follows:

     (i)   Dams, embankments, ditches and other impoundments.

     (ii)   Borrow pits, soil storage and handling areas and structures.

     (iii)   Scales and weigh station, if required.

     (iv)   Water and air pollution control facilities.

     (v)   Erosion control facilities.

     (vi)   Equipment storage and maintenance buildings, and other buildings.

     (vii)   Access roads.

   (3)  A construction schedule and sequence of operations tied to the grid coordinate system required by §  273.211 (relating to signs and markers), a site preparation plan and a schedule for disposing of solid waste at the site, including the maximum daily weight or volume of waste that will be received at the facility.

   (4)  An explanation of how the applicant intends to comply with §  273.214 (relating to measurement and inspection of waste).

   (5)  A plan for assuring that solid waste received at the facility is consistent with §  273.201 (relating to basic limitations).

   (6)  The proposed operating hours of the proposed facility. The operating hours include those hours related to construction and other activities related to operation of the facility.

   The provisions of this §  273.132 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226173) to (226174).

 (a)  An application shall contain a topographic map of the proposed permit and adjacent areas showing the following:

   (1)  The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of landfilling and closure.

   (2)  A change in a component of the facility or a feature within the proposed permit area to be caused by the proposed operation.

   (3)  Buildings, utility corridors and facilities which will be used in the operation.

   (4)  The areas of land for which a bond will be posted under Chapter 271, Subchapter D (relating to financial assurances requirements).

   (5)  The solid waste storage, processing or unloading areas.

   (6)  The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.

   (7)  Location and elevation of the permanent physical markers for the grid coordinate system under subsection (b).

   (8)  The gas management, collection and control facilities.

   (9)  The boundaries of construction activities.

   (10)  The location of barriers, fences and similar structures required by §  273.212 (relating to access control).

   (11)  The location of each sedimentation pond, permanent water impoundment or similar facility.

   (12)  The location of access roads to the site, including slopes, grades and lengths of the roads.

   (13)  The location and identification of monitoring wells.

   (14)  A designated area for vehicles for use in the event of the detection of waste containing radioactive material. The designated area shall, by location or shielding, protect the environment, facility staff and public from radiation originating in the vehicle. The Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,’’ Document Number 250-3100-001, describes various factors to consider in determining an appropriate designated area.

 (b)  The applicant shall also submit a grid coordinate system for the entire proposed permit area. The horizontal control system shall consist of a grid not to exceed 200-foot square sections. A permanent benchmark for horizontal and vertical control shall be shown. The grid system shall be tied to the benchmark and the baseline.

   The provisions of this §  273.133 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226174) to (226175).

 The application shall contain designs, cross sections and specifications for access roads, including load limits, under §  273.213 (relating to access roads).

   The provisions of this §  273.134 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226175).

 The application shall contain plans sufficient to demonstrate compliance with §  273.212 (relating to access control), including plans showing fencing and barriers to be constructed at the proposed facility in full elevation, fully dimensioned and with the type of construction materials specified.

 (a)  The application shall contain a plan in accordance with §  273.218 (relating to nuisance minimization and control) to minimize and control hazards or nuisances from vectors, odors, noise, dust and other nuisances not otherwise provided for in the permit application.

 (b)  The plan shall include the following:

   (1)  Provisions for the routine assessment and control of vector infestation.

   (2)  Methods to minimize and control nuisances from odors, dustfall and noise off the property boundary from the facility.

   (3)  For odors, the determination of normal and adverse weather conditions based on site-specific meteorological data. Prior to the installation of equipment and collection of meteorological data, a protocol for the installation and data collection shall be approved by the Department.

 (c)  The plan required in subsection (a) may include a contractual arrangement for services of an exterminator or an air quality, noise, dust control or other professional.

   The provisions of this §  273.136 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226175).

 The application shall contain a plan in accordance with §  273.220 (relating to litter) to control litter.

 (a)  Required information.

   (1)  Except as provided in paragraph (2), if the application is for one of the following, the application shall contain the information required by this section:

     (i)   A new municipal waste landfill.

     (ii)   Additional capacity for a municipal waste landfill.

     (iii)   A permit modification that would result in an increase in the average or maximum daily volume of waste that may be received for processing or disposal at a municipal waste landfill.

   (2)  This section does not apply to an application for a facility to be used solely for the disposal of ash residue from municipal waste incinerators who provided documentation in the application that, prior to July 28, 1988, it agreed to provide disposal capacity to municipalities located in the host county. A copy of the contract or other written agreement shall be included.

 (b)  Additional requirements. If the application meets the criteria in subsection (a), the application shall:

   (1)  Include a statement that the applicant notified the host county and host municipality in writing of its ability to negotiate for protection of capacity under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.1111). A copy of the notification letters shall be included.

   (2)  For the host municipalities:

     (i)   Identify the host municipalities.

     (ii)   Describe the weight or volume of municipal waste generated within the host municipality that will be delivered to the proposed facility, and the period over which the waste will be delivered.

     (iii)   Describe the rates, terms or conditions of the agreement arbitration award allowing the waste to be delivered. In lieu of a description, a copy of the agreement or arbitration award may be attached.

     (iv)   Include a detailed description of the current status of negotiations under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, including a projected date by which an agreement or arbitration award will be reached, if there is no agreement or arbitration award between the host municipality and the applicant.

   (3)  For the host counties:

     (i)   Identify the host counties.

     (ii)   Describe the weight or volume of municipal waste generated within the host county that will be delivered to the proposed facility, and the period over which the waste will be delivered.

     (iii)   Describe the rates, terms or conditions of the agreement or arbitration award allowing the waste to be delivered. In lieu of a description, a copy of the agreement or arbitration award may be attached.

     (iv)   Include a detailed description of the current status of negotiations under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, including a projected date by which an agreement or arbitration award will be reached, if there is no agreement or arbitration award between the host county and the applicant.

   The provisions of this §  273.138 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

 (a)  This section requires the submission of certain information in the permit application when the Department has given final approval to a municipal waste management plan for the county in which the proposed facility, or proposed additional capacity for a facility, would be located, and the county has submitted to the Department legal documents necessary to implement the plan under §  272.245 (relating to submission of implementing documents).

 (b)  An application shall contain the following:

   (1)  An explanation of whether the proposed facility is provided for in the approved plan for the host county. A facility is “provided for” if it is designated by the host county to provide capacity assurance in the approved host county plan. A facility analyzed as part of a planning process, but not designated, will not be considered “provided for.”

   (2)  If the proposed facility is not provided for in the approved host county plan:

     (i)   A detailed explanation of whether the proposed facility will interfere with implementation of the approved plan.

     (ii)   A detailed explanation of whether the proposed facility will interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.

     (iii)   A detailed response to objection, if any, filed by the governing body of the host county within 60 days of the written notice under section 504 of the act (35 P. S. §  6018.504).

 (a)  The application shall contain proposed average and maximum daily volumes for the facility, and a detailed justification for these volumes, based on § §  271.126 and 271.127 (relating to requirement for environmental assessment; and environmental assessment), as well as section 1112 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.1112).

 (b)  The application for a permit modification to increase daily volumes shall include calculations demonstrating that increased daily volumes will not reduce the remaining lifetime of a landfill based on its remaining permitted capacity to less than 3 years from the date of issuance of the permit modifications.

 (c)  The average daily volume is a limit on the volume of solid waste that is permitted to be received at the facility, and shall be computed quarterly by averaging the total volume received over the quarter.

   The provisions of this §  273.140 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234808) and (266301).

 (a)  An application shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.

 (b)  The action plan shall be prepared in accordance with the Department’s “Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.

 (c)  The action plan shall be incorporated into the landfill’s approved waste analysis plan, under §  271.613 (relating to waste analysis plan).

   The provisions of this §  273.140a adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

   This section cited in 25 Pa. Code §  273.223 (relating to radiation monitoring and response).

PHASE II APPLICATION REQUIREMENTS—COVER AND REVEGETATION

§ 273.141. Compaction and cover plan.

 An application shall contain a plan for compaction and cover at the proposed facility under §  273.216 (relating to unloading and compaction) and § §  273.232—273.234 (relating to daily cover; intermediate cover and slopes; and final cover and grading), including, at a minimum, the following information:

   (1)  The procedures for placement and compaction of solid waste and the degree of compaction of waste.

   (2)  The number and thickness of lifts.

   (3)  The materials and procedures for application of daily, intermediate and final cover material, that meet the standards of § §  273.232—273.234.

   (4)  The procedures to establish intermediate and final elevations for the landfill.

   The provisions of this §  273.141 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (266301).

 An application shall contain a plan for revegetation of affected areas under § §  273.235 and 273.236 (relating to revegetation; and standards for successful revegetation). The plan shall identify the species that are proposed to be planted, seeding rates and method of revegetation.

   This section cited in 25 Pa. Code §  273.131 (relating to basic requirements).

PHASE II APPLICATION REQUIREMENTS—WATER QUALITY PROTECTION AND MONITORING

§ 273.151. Soil erosion and sedimentation control plan.

 (a)  The applicant shall submit a plan to manage surface water and control erosion during all phases of construction and operation at the proposed facility. The plan shall be based on the requirements of Chapter 102 (relating to erosion and sediment control), § §  273.242—273.244 (relating to soil erosion and sedimentation control; sedimentation ponds; and discharge structures) and other applicable State and Federal requirements. Calculations indicating water quantities shall be based on the 24-hour precipitation event by inches to be expected once in 25 years. More stringent design standards may be required by the Department based on the most recent edition of the United States Department of Agriculture Soil Conservation Services’ Engineering Field Manual for Conservation Practices.

 (b)  The plan shall include fully dimensioned diversion ditches, indicating length, gradient and cross section for configuration by reach, and capacities for ditch volume by reach. The calculations which are necessary to support design and siting shall be included in the plan.

 (a)  An application shall contain a water quality monitoring plan showing how the operator intends to comply with § §  273.281—273.288 (relating to water quality monitoring). The plan shall include, at a minimum, the following:

   (1)  The number, location and depth of proposed monitoring points.

   (2)  Preoperational data showing existing groundwater quality, as required by §  273.116 (relating to groundwater quality description), and a procedure to establish this groundwater quality.

 (b)  The application shall contain a groundwater sampling and analysis plan. The plan shall include:

   (1)  Procedures and techniques designed to accurately measure groundwater quality upgradient, beneath and downgradient of the proposed waste disposal area.

   (2)  Department-approved sampling and analytical methods that are specific to the proposed facility and that will accurately measure solid waste, solid waste constituent, leachate or constituent of decomposition in the groundwater.

   (3)  Procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, chain of custody control and field and laboratory quality assurance and quality control.

 (c)  The Department may approve the use of an alternate groundwater monitoring system for facilities located in the anthracite coal region if the applicant demonstrates the following to the Department’s satisfaction with a detailed hydrogeologic study:

   (1)  The nature and extent of underground coal mining beneath the proposed facility makes impracticable the installation of the groundwater monitoring system required by this subchapter.

   (2)  The proposed alternate system is capable of completely and accurately identifying groundwater degradation and pollution from the proposed facility.

   The provisions of this §  273.152 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (266302) and (234809).

   This section cited in 25 Pa. Code §  273.116 (relating to groundwater quality description); and 25 Pa. Code §  273.131 (relating to basic requirements).

PHASE II APPLICATION REQUIREMENTS—LINERS AND LEACHATE MANAGEMENT

§ 273.161. Liner system and leachate control plan.

 (a)  The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with § §  273.251—273.260 (relating to liner system), including the following:

   (1)  Design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone and the design for the leachate collection system in the collection zone.

   (2)  A plan for installing the liner system.

 (b)  The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include, at a minimum, the following:

   (1)  A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.

   (2)  A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during placement of the initial life of solid waste.

   (3)  A description of the manner in which the protective cover and liner system will be protected from weather prior to and during placement of the initial life of solid waste.

   (4)  A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.

   (5)  A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria and methods for ensuring that corrective measures are implemented as soon as possible.

   (6)  A plan for documenting compliance with the quality assurance and quality control plan.

 (c)  The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner’s ability to restrict the flow of solid waste, solid waste constituents or leachate, based on the most recent edition of EPA or ASTM guidelines approved by the Department.

 (d)  The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed primary and secondary liners, based on ASTM methods when appropriate. Except to the extent that the Department waives in writing any of the following for nonsynthetic secondary liners, these properties shall include, at a minimum:

   (1)  Thickness.

   (2)  Tensile strength at yield.

   (3)  Elongation at yield.

   (4)  Elongation at break.

   (5)  Density.

   (6)  Tear resistance.

   (7)  Carbon black content.

   (8)  Puncture resistance.

   (9)  Seam strength—(percentage of liner strength).

   (10)  Ultraviolet light resistance.

   (11)  Carbon black dispersion.

   (12)  Permeability.

   (13)  Liner friction angle in degress.

   (14)  Stress crack resistance.

   (15)  Oxative induction time.

   (16)  Chemical compatibility.

   (17)  Percent recycled materials.

   The provisions of this §  273.161 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234809) to (234810).

 (a)  An application shall contain a plan for leachate treatment from the proposed facility in a manner that complies with § §  273.271—273.277 (relating to leachate treatment). The plan shall include the following:

   (1)  An estimate of the quality and quantity of leachate to be produced annually by the facility, based on the water balance method set forth in ‘‘Use of Water Balance Method for Predicting Leachate Generation from Solid Waste Disposal Sites’’ U. S. EPA SW-168 (1975), or another method of accurately projecting leachate flows that is approved by the Department in writing. The estimate shall include the 30-day leachate volume and average flow rate for each month of the year. A separate estimate shall be submitted for anticipated leachate generation at the end of 5 year increments of operation for 20 years, or until closure, whichever date is earlier. For existing facilities, current leachate generation shall be included with this separate estimate.

   (2)  Plans, designs and cross sections for the proposed collection and handling system.

   (3)  Plans, designs and cross sections for onsite leachate treatment or disposal systems, including tanks and impoundments that are proposed to be used or constructed for storage, pretreatment or treatment of leachate from the facility.

   (4)  If an onsite treatment system already in operation is proposed to treat leachate from the facility, a description of the system, including its NPDES permit number, its capability to treat leachate from the facility, and its compliance status under The Clean Streams Law (35 P. S. § §  691.1—691.1001) and the regulations promulgated thereunder.

 (b)  If interim vehicular transportation to an offsite treatment facility is proposed, the applicant shall:

   (1)  Provide a copy of a signed contractual agreement with the operator of a primary offsite facility that provides for treatment of leachate at the facility, and which covers the period of time that offsite treatment will be provided; or provide a signed letter of intent from the operator of the offsite facility to enter a contractual agreement for leachate treatment if the permit application is approved by the Department.

   (2)  Provide a copy of a signed contractual agreement with the operator of a second offsite treatment facility that provides for backup treatment of leachate at the second treatment facility if leachate cannot be treated by the primary treatment facility operator; or provide a signed letter of intent from the operator of the second offsite facility to enter the contractual agreement if the permit application is approved by the Department.

   (3)  Submit additional bond to the Department in an amount sufficient to pay for the cost of vehicular transportation and offsite leachate treatment until final closure, if the landfill operator fails to provide offsite treatment in a manner that is consistent with the permit, the act and this chapter.

   (4)  Submit plans, designs and cross sections for an onsite pretreatment facility as required by §  273.273(b)(1) (relating to leachate transportation).

 (c)  If recirculation of raw or pretreated leachate is proposed in conjunction with another treatment method, the application shall describe the following:

   (1)  The proposed leachate distribution method over the filled area, including designs and cross sections.

   (2)  Methods that will be used to prevent leachate seeps and breakouts.

   (3)  Methods that will be used to prevent odors, runoff and ponding.

 (d)  The application shall also contain a schedule and method for cleaning sludges from the leachate storage and treatment system, and a plan for disposing of the sludges.

 (a)  If a problem identified in §  273.277 (relating to Departmental notice and remedial action) occurs, the operator shall submit to the Department, within 60 days, a permit modification application under §  271.222 (relating to permit modification), with plans, designs and cross sections to modify its leachate treatment plan.

 (b)  The Department may approve permit modification applications under §  271.222 to extend, by 1 year at a time, the 3-year limitation for leachate transportation in §  273.273(a) (relating to leachate transportation), if the following apply:

   (1)  The applicant complies with §  273.162(b) (relating to leachate treatment plan).

   (2)  The applicant has obtained the necessary permits to construct and operate a leachate treatment system under §  273.272 (relating to basic treatment methods).

   (3)  Leachate transportation from the facility has not caused or contributed to surface water or groundwater pollution.

   (4)  The applicant has a valid contract for the treatment of leachate at an offsite treatment facility for the 1 year term of the proposed permit modification.

   (5)  The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law (35 P. S. § §  691.1—691.1001) and regulations promulgated thereunder, and is otherwise capable of accepting and treating leachate from the landfill.

   (6)  The landfill has a remaining permitted life, based on permitted capacity, of at least 3 years.

   The provisions of this §  273.163 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226184).

   This section cited in 25 Pa. Code §  273.131 (relating to basic requirements); and 25 Pa. Code §  273.273 (relating to leachate transportation).

PHASE II APPLICATION REQUIREMENTS—
GAS MANAGEMENT

§ 273.171. Gas monitoring and control plan.

 (a)  An application shall include a gas monitoring and control plan under §  273.292 (relating to gas control and monitoring). The plan shall include the following:

   (1)  A plan to monitor and record offsite gas migration and gas accumulation on and off the site, including structures.

   (2)  Designs for a gas control system, indicating the location and scheduling of construction, and the design of vents, barriers, collection pipes, manifolds or other control measures that will be put in place.

 (b)  If the applicant decides to conduct gas recovery, the application shall also include the following:

   (1)  Drawings and a narrative detailing the location and design of the proposed gas recovery system and the major onsite components of the system, which shall be consistent with §  273.293 (relating to gas recovery).

   (2)  Plans and designs to address special storage, transportation, processing, treatment or disposal measures anticipated or required in the management of the generated gases, condensates or other residues.

   This section cited in 25 Pa. Code §  273.131 (relating to basic requirements); 25 Pa. Code §  273.292 (relating to gas control and monitoring); and 25 Pa. Code §  273.293 (relating to gas recovery).

PHASE II APPLICATION REQUIREMENTS—EMERGENCY PLANNING

§ 273.181. Contingency plan.

 An application shall contain a contingency plan consistent with § §  273.301—273.303 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s most recent guidelines for the development and implementation of PPC plans.

   This section cited in 25 Pa. Code §  273.131 (relating to basic requirements).

PHASE II APPLICATION REQUIREMENTS—CLOSURE PROVISIONS

§ 273.191. Postclosure land use plan.

 An application shall contain a detailed description of the proposed use following closure of the proposed facility, including a discussion of the utility and capacity of the revegetated land to support a variety of alternative uses, and the relationship of the use to existing land use policies and plans. The description shall explain the following:

   (1)  How the proposed postclosure land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.

   (2)  The consideration which has been given to making the proposed postclosure land use consistent with landowner plans and applicable State and local land use plans and programs.

 (a)  The application shall contain a plan describing the activities that are proposed to occur in preparation for closure and after closure to ensure compliance with this chapter.

 (b)  The closure plan shall include:

   (1)  A plan for the decontamination and removal of equipment, structures and related material from the facility.

   (2)  An estimate of the year in which final closure will occur, including an explanation of the basis for the estimate.

   (3)  A description of the steps necessary for closure if the facility closes prematurely.

   (4)  A narrative description, including a schedule, of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to:

     (i)   Water quality monitoring.

     (ii)   Gas control and monitoring.

     (iii)   Leachate collection and treatment.

     (iv)   Erosion and sedimentation control.

     (v)   Revegetation and regrading, including maintenance of the final cover.

     (vi)   Access control, including maintenance of access control.

   (5)  A description of the means by which funds will be made available to cover the cost of postclosure operations, which shall include an assessment of projected post-closure maintenance costs, a description of how the necessary funds will be raised, a description of where the funds will be deposited, copies of relevant legal documents and a description of how the funds will be managed prior to closure.

   (6)  The name, address and telephone number at which the operator can be reached during the postclosure period.

   The provisions of this §  273.192 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226186) to (226187).

 An application shall contain a plan for salvaging and recycling waste materials received at the facility for which recycling is cost effective, including proposed salvage areas, salvaging methods and anticipated markets for salvaged materials under §  273.331 (relating to salvaging of materials).

   The provisions of this §  273.196 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226187).

 An application shall include a plan consistent with §  273.332 (relating to recycled materials collection center).

   The provisions of this §  273.197 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226187).

Subchapter C. OPERATING REQUIREMENTS

GENERAL PROVISIONS

Sec.

§ 273.201. Basic limitations.

 (a)  Except as provided in subsection (b), a person or municipality may not own or operate a municipial waste landfill unless the Department has first issued a permit to the person or municipality for the facility under this chapter.

 (b)  A person or municipality may conduct monitoring under §  273.116 (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. The monitoring information may be used for a permit application for the proposed facility.

 (c)  A person or municipality that operates a municipal 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 special handling waste or 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, under Subchapter D (relating to additional application requirements for special handling and residual wastes).

 (e)  The operator may not allow explosive waste to be disposed at the facility.

 (f)  Hazardous waste subject to Article VII (relating to hazardous waste management), may not be disposed, processed or stored where a municipal waste landfill is operated.

 (g)  Except to the extent that leachate recirculation is allowed in the permit under §  273.162 (relating to leachate treatment plan), bulk or noncontainerized liquid waste may not be disposed at a municipal waste landfill. Containers holding free liquids may not be disposed unless the container is less than 1 gallon in size, except as otherwise provided in the permit.

 (h)  Lead acid batteries may not be disposed at the facility.

 (i)  A person or municipality may not allow solid waste to be received, disposed or otherwise managed at the facility if the transportation to, or processing or management at, the facility would violate applicable laws in effect in the county or state in which the waste was generated, or state or local solid waste management plans in effect where the waste was generated.

 (j)  Loads composed primarily of leaf waste may not be disposed at the facility.

 (k)  The approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless a later date is authorized in writing by the Department for technical reasons.

 (l)  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 restrictions 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.

 (m)  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.

 (n)  The limitations in subsections (l) and (m) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.

   The provisions of this §  273.201 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226190) and (255071).

 (a)  Except as provided in subsections (b) and (c), a municipal waste landfill may not be operated as follows:

   (1)  Floodplain. In the 100-year floodplain of waters of this Commonwealth.

   (2)  Wetland.

     (i)   In or within 300 feet of an exceptional value wetland as defined in §  105.17 (relating to wetlands).

     (ii)   For a new municipal waste landfill permitted on or after December 23, 2000, in or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following applies:

       (A)   If the operation is in or along the wetland, the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).

       (B)   If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.

   (3)  Coal—existing facility. For an area permitted as a municipal waste landfill between April 9, 1988, and December 23, 2000, in coal bearing areas underlain by recoverable or mineable coals, unless the operator of the facility demonstrates and the Department finds, in writing, that the operator owns the underlying coal, or has entered an agreement with the owner of the coal to provide support.

   (4)  Coal—expansion. For an expansion of a municipal waste landfill permitted between April 9, 1988, and December 23, 2000, in coal bearing areas underlain by recoverable or mineable coals, unless one of the following is met:

     (i)   The applicant owns the underlying coal.

     (ii)   The following requirements are met:

       (A)   The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued.

       (B)   Coal providing support for the expansion area will not be mined as long as waste remains on the site, as demonstrated under §  273.120 (relating to mineral deposits information).

   (5)  Coal—new landfill. For a new municipal waste landfill permitted on on after December 23, 2000, in coal bearing areas underlain by recoverable or mineable coal, unless the permittee owns the underlying coal.

   (6)  Valley, ravine or head of hollow. In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105.

   (7)  Limestone or carbonate formation. In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet thick and present at the topmost geologic unit. These areas include areas mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geologic studies demonstrate the absence of limestone and carbonate formations under the site.

   (8)  Occupied dwelling—existing facility. Except as provided in paragraphs (9) and (10), a municipal waste landfill or a permitted noncaptive (Class I) residual waste landfill that was operating and not closed as of December 23, 2000, that converts to a municipal waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the current owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in paragraphs (9) and (10), the disposal area of the landfill may not be within 500 feet measured horizontally from an occupied dwelling unless the current owner of the dwelling has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

   (9)  Occupied dwelling—expansion. For a permitted municipal waste landfill that was operating and not closed as of December 23, 2000, or a permitted noncaptive (Class I) residual waste landfill that was operating and not closed as of December 23, 2000, that converts to a municipal waste landfill, an expansion permitted on or after December 23, 2000, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:

     (i)   The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.

     (ii)   The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.

   (10)  Occupied dwelling—new landfill. A new municipal waste landfill permitted on or after December 23, 2000, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed landfill that submits an application to reopen and expand shall also be subject to this paragraph.

   (11)  Occupied dwelling—access road. Notwithstanding the prohibitions in paragraphs (9) and (10), an access road to a municipal waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.

   (12)  Perennial stream. Within 100 feet of a perennial stream unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.

   (13)  Property line. Within 100 feet of a property line, unless one of the following applies:

     (i)   Actual disposal will not occur within 100 feet of a property line.

     (ii)   The current owner has provided a written consent to the facility being closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

   (14)  Airport—FAA certified. For areas permitted on or after April 9, 1988, and before January 25, 1997:

     (i)   Within 10,000 feet—or 3,048 meters—of a runway that is or will be used by turbine-powered aircraft at a Federal Aviation Administration (FAA) certified airport during the term of the permit.

     (ii)   Within 5,000 feet—or 1,524 meters—of a runway that is or will be used by piston-type aircraft at an FAA-certified airport during the life of disposal operations under the permit.

   (15)  Airport. Except for areas that were permitted prior to January 25, 1997, a municipal waste landfill may not be operated as follows:

     (i)   Within 10,000 feet—or 3,048 meters—of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.

     (ii)   Within 5,000 feet—or 1,524 meters—of an airport runway that is or will be used by piston-type aircraft during the life of disposal operations under the permit.

   (16)  Airport—navigable airspace. The following relate to airports:

     (i)   Conical area. For areas permitted prior to December 23, 2000, within the conical area at 14 CFR Part 77 (relating to objects affecting navigable airspace) for runway flight paths that are or will be used by turbine-powered or piston-type aircraft during the life of disposal operations under the permit.

     (ii)   Obstruction. For areas permitted on or after December 23, 2000, in a manner in which any portion of the landfill would be an obstruction to air navigation under 14 CFR §  77.23(a)(5) (relating to standards for determining obstructions).

   (17)  Water source. Within 1/4-mile upgradient, and within 300 feet or 91.4 meters downgradient, of a private or public water source for disposal, processing and storage areas, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:

     (i)   The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.

     (ii)   The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator’s expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.

     (iii)   The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.

   (18)  School, park or playground.

     (i)   For a municipal waste landfill permit issued on or after September 26, 1988, except an expansion of a municipal waste landfill permitted prior to September 26, 1988, within 300 yards of the following:

       (A)   A building which is owned by a school district or school and used for instructional purposes.

       (B)   A park.

       (C)   A playground.

     (ii)   The current property owner of a school building, park or playground may waive the 300-yard prohibition by signing a written waiver. Upon receipt of the waiver, the Department will waive the 300-yard prohibition and will not use the prohibition as the basis for the denial of a new permit.

 (b)  The isolation distances identified in subsection (a)(2), (3), (6)—(8), (11)—(14), (16)(i) and (17) do not apply to areas that were permitted as a municipal waste landfill prior to April 9, 1988, and included in a municipal waste landfill permit issued between April 9, 1988, and December 23, 2000, as long as the permit did not become void under §  271.211(e) (relating to term of permits).

 (c)  The isolation distances identified in subsection (a) do not apply for purposes of conducting postclosure activities for areas permitted as a municipal waste landfill prior to December 23, 2000.

 (d)  Except as provided in subsection (e), this section does not apply to features that may come into existence after the date of the first newspaper notice of the filing of a permit application under §  271.141 (relating to public notice by applicant).

 (e)  This section does not apply to features that may come into existence after the date of the first newspaper notice under this subsection if the following apply:

   (1)  The person or municipality publishes a notice of intent to file an application for a municipal waste landfill permit. The notice, which is separate from the newspaper notice required by §  271.141, shall be published once a week for 3 consecutive weeks in a newspaper of general circulation in the area where the facility is proposed to be located. The notice shall include a brief description of the location and proposed operation of the facility.

   (2)  The person or municipality files an administratively complete application under §  271.202 (relating to receipt of application and completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.

   The provisions of this §  273.202 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended 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 (255071) to (255072) and (234811) to (234812).

   Standing

   The mining company lacked standing to challenge an order that the Department issued to a landfill operator because the company failed to aver it was harmed by the order. Empire Coal Mining and Development, Inc. v. Department of Environmental Resources, 623 A.2d 897 (Pa. Cmwlth. 1993).

 (a)  The operator shall submit a certification by a registered professional engineer on forms provided by the Department upon completion of each major construction activity identified in the permit for each phase or sequence of construction at the facility. Major construction activities include:

   (1)  Construction of the groundwater monitoring system.

   (2)  Construction of the subbase.

   (3)  Construction of the secondary liner.

   (4)  Construction of the leachate detection zone.

   (5)  Construction of the primary liner.

   (6)  Construction of the protective cover and the collection system within the protective cover.

   (7)  Construction of a leachate treatment facility.

   (8)  Construction of sedimentation pond.

   (9)  Construction of the landfill gas extraction system.

   (10)  Closure.

   (11)  Final closure.

 (b)  The certification shall describe construction activity and the phase or sequence of construction being certificated, using drawings and plans where appropriate. The certification shall state that the actual construction was observed by the engineer or persons under his direct supervision, and that the supervision was carried out in a manner that is consistent with the approved permit.

 (c)  Upon completion of each construction activity described in subsection (a) other than construction of a leachate treatment facility, the operator shall notify the Department that the construction activity is ready for inspection. No waste may be disposed in the area subject to the inspection until the Department has conducted an inspection and has transmitted its written approval to the permittee indicating that construction was done according to the permit.

 (d)  The closure and final closure activities will not be deemed complete until the Department has certified completion of closure and final closure activities.

   The provisions of this §  273.203 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234812) and (226195).

   This section cited in 25 Pa. Code §  271.343 (relating to withdrawals from municipal trust); and 25 Pa. Code §  272.104 (relating to operator withdrawals from trust fund).

DAILY OPERATIONS

§ 273.211. Signs and markers.

 (a)  A person or municipality that operates a municipal waste landfill shall identify the facility and the recycling drop-off center required under §  273.332 (relating to recycled materials collection center) for the duration of operations by posting and maintaining a sign which is clearly visible and can be easily seen and read at the junction of each access road and public road. The sign shall be constructed of a durable, weather-resistant material. The sign shall show the name, business address and telephone number of the person or municipality that operates the facility, the operating hours of the facility and the number of the current permit authorizing operation of the facility.

 (b)  Permanent physical markers for the grid coordinate system and permit area markers shall be:

   (1)  Posted and maintained for the duration of the operations to which they pertain.

   (2)  Clearly visible, readable and uniform throughout the operation.

   (3)  Permanently fixed and made of a durable material.

 (c)  The perimeter of the site shall be clearly marked before the beginning of operations. The perimeter of a disposal area shall be clearly marked before the beginning of municipal waste disposal within that area.

 (d)  The permanent physical markers for the grid coordinate system shall be installed at the locations set forth in the permit, prior to the beginning of operations. The base line of the grid system shall be marked with two permanent monuments that show elevation.

   The provisions of this §  273.211 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226195) to (226196).

 (a)  A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.

 (b)  The operator shall maintain a fence or other suitable barrier around the site, including impoundments, leachate collection and treatment systems and gas processing facilities, sufficient to prevent unauthorized access.

 (c)  Access to the site shall be limited to those times when an attendant is on duty.

   The provisions of this §  273.212 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226196).

 (a)  An access road shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the site.

 (b)  A crossing of a perennial or intermittent stream or a wetland shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (c)  An access road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 25-year, 24-hour precipitation event. For roads that are used or in existence for more than 30 days, the drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate measures as required by §  273.242 (relating to soil erosion and sedimentation control).

 (d)  An access road shall be paved or surfaced with asphalt, gravel, cinders or other equivalent material approved by the Department in the permit. An access road shall be capable of withstanding the load limits projected by the applicant under §  273.134 (relating to plan for access roads). The maximum sustained grade of an access road may not exceed 12%.

 (e)  For roads leading to the waste disposal area, a landfill shall maintain a minimum cartway width of one of the following:

   (1)  Twenty-two feet for two-way traffic.

   (2)  Twelve feet for one-way traffic with pull-off intervals every 100 yards or a greater distance where there is a clear view of approaching vehicles.

 (f)  An access road negotiable by loaded collection vehicles shall be provided from the entrance gate of the facility to each unloading area. An access road shall also be provided to each treatment facility, impoundment and groundwater monitoring point. Other monitoring points shall be readily accessible.

 (g)  Disturbed areas adjacent to a road shall be vegetated or otherwise stabilized to prevent erosion.

 (h)  An access road shall be maintained to control dust and to prevent or control the tracking of mud on and off the site.

 (i)  An access road shall be designed, constructed and maintained to allow the orderly egress and ingress of vehicular traffic when the facility is in operation, including during inclement weather.

   The provisions of this §  273.213 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226196) and (234813).

 (a)  An operator of a municipal waste landfill that has received, is receiving or will receive 30,000 or more cubic yards of solid waste in a calendar year shall weigh solid waste when it is received. The scale used to weigh solid waste shall conform to 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act) and 70 Pa. Code Part I (relating to weighmasters). The operator of the scale shall be a licensed public weighmaster under 3 Pa.C.S. Chapter 41 and 70 Pa. Code Part I.

 (b)  The operator of a facility that is not required by subsection (a) to weigh waste when it is received shall accurately measure waste by volume or weight prior to unloading.

 (c)  The operator of a facility shall inspect and monitor incoming waste to insure that the receipt of waste is consistent with this article.

   The provisions of this §  273.214 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (234813).

 (a)  The operator shall maintain on the site equipment necessary for the operation of the facility in accordance with the permit. The equipment shall be maintained in an operable condition.

 (b)  If a breakdown of the operator’s equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and permit conditions.

   The provisions of this §  273.215 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234813) to (234814).

 (a)  An attendant or clearly marked signs shall direct vehicles to the unloading area.

 (b)  The operator shall ensure that collection vehicles unload waste promptly in unloading areas.

 (c)  Solid waste shall be spread and compacted as approved by the Department as part of the permit.

   The provisions of this §  273.216 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (234814).

 (a)  The operator shall implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. § §  4001—4014), Article III (relating to air resources) and §  273.218 (relating to nuisance minimization and control). Minimization and control measures shall include the following:

   (1)  Ensuring that operation of the facility will not cause or contribute to exceeding ambient air quality standards under §  131.3 (relating to ambient air quality standards).

   (2)  Ensuring that no open burning occurs at the facility.

   (3)  Minimizing the generation of fugitive dust emissions from the facility.

 (b)  The operator shall comply with the terms and conditions of an air quality plan approval and air quality operating permit issued to the facility under Chapter 127 (relating to construction, modification, reactivation and operation of sources).

 (a)  Vectors. An operator may not cause or allow the attraction, harborage or breeding of vectors.

 (b)  Odors.

   (1)  An operator shall implement the plan approved under §  273.136 (relating to nuisance minimization and control plan) to minimize and control public nuisances from odors. If the Department determines during operation of the facility that the plan is inadequate to minimize or control public nuisances, the Department may modify the plan or require the operator to modify the plan and obtain Department approval.

   (2)  An operator shall perform regular, frequent and comprehensive site inspections to evaluate the effectiveness of cover, capping, gas collection and destruction, waste acceptance and all other waste management practices in reducing the potential for offsite odor creation.

   (3)  An operator shall promptly address and correct problems and deficiencies discovered in the course of inspections performed under paragraph (2).

 (c)  Other. An operator shall implement the plan approved under §  273.136 to minimize and control other conditions that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.

   The provisions of this §  273.218 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (234814).