§ 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).

 (a)  The operator may not allow litter to be blown or otherwise deposited offsite.

 (b)  Fences or other barriers sufficient to control blowing litter shall be located in the immediate operating area downwind from the working face. Fences or other barriers shall be constructed of mesh, snow fencing or other material approved by the Department as part of the permit.

 (c)  At least weekly, litter shall be collected from fences, roadways, tree line barriers and other barriers, and disposed or stored in accordance with the act and regulations thereunder, unless a greater frequency is set forth in the permit.

 (a)  A person or municipality operating a municipal waste landfill may not receive solid waste at the landfill in excess of the maximum or average daily volume approved in the permit.

 (b)  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.

 A person or municipality operating a municipal waste landfill may not receive solid waste at the landfill contrary to the terms and conditions approved by the Department under §  273.138 (relating to plan for protection of capacity).

 (a)  An operator shall implement the action plan approved under §  273.140a (relating to radiation protection action plan).

 (b)  An operator shall monitor incoming waste 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. Monitoring shall meet the requirements of this section and the facility’s approved radiation protection action plan.

 (c)  Radiation detector elements shall be as close as practical to the waste load and in an appropriate geometry to monitor the waste. The radiation monitoring system shall be set to alarm at a level no higher than 10 microroentgen per hour (µR/hr) above the average background at the facility when any of the radiation detector elements is exposed to a cesium-137 gamma radiation field. Radiation detector elements shall be shielded to maintain the average background below 10 µR/hr. If capable of energy discrimination, the radiation monitoring system shall be set to detect gamma rays of a 50 kiloelectron volt (keV) energy and higher.

 (d)  An operator shall have portable radiation monitors capable of determining the radiation dose rate and presence of contamination on a vehicle that has caused an alarm. Upon a confirmed exceedance of the alarm level in subsection (c), a radiological survey of the vehicle shall be performed.

 (e)  An operator shall notify the Department immediately and isolate the vehicle when radiation dose rates of 20 µSv/hr (2 mrem/hr) or greater are detected in the cab of a vehicle, 500 µSv/hr (50 mrem/hr) or greater are detected from any other surface, or contamination is detected on the outside of the vehicle.

 (f)  Monitoring equipment shall be calibrated at a frequency specified by the manufacturer, but not less than once a year.

 (g)  If radioactive material is detected, the vehicle containing the radioactive material may not leave the facility without written Department approval and an authorized United States Department of Transportation exemption form.

   The provisions of this §  273.223 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

COVER AND REVEGETATION

§ 273.231. [Reserved].

 (a)  Except as provided in subsection (b), a uniform cover of the approved daily cover material shall be placed on exposed solid waste at the end of each working day or at the end of every 24 hours, whichever interval is less.

 (b)  The composition of the daily cover material shall meet the following performance standards. The daily cover shall:

   (1)  Prevent vectors, odors, blowing litter and other nuisances.

   (2)  Cover solid waste after it is placed without change in its properties and without regard to weather.

   (3)  Be capable of allowing loaded vehicles to successfully maneuver over it after placement.

   (4)  Be capable of controlling fires.

   (5)  Be consistent with the waste acceptance plan for the facility.

 (c)  A 5-day supply of cover material shall be maintained on the site.

 (d)  Intermediate slopes constructed during daily landfilling activities may not exceed 50%.

   The provisions of this §  273.232 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 (226200) and (228341).

 (a)  A uniform and compacted intermediate cover shall be placed within 7 days of waste disposal on the following:

   (1)  Each partial lift for which the operator intends to place no additional waste for 6 months.

   (2)  Each partial or completed lift that represents final permitted elevations for that part of the facility.

 (b)  The composition of the intermediate cover material shall meet the following performance standards. The intermediate cover shall:

   (1)  Prevent vectors, odors, blowing litter and other nuisances.

   (2)  Cover solid waste after it is placed without change in its properties and without regard to weather.

   (3)  Be capable of allowing loaded vehicles to successfully maneuver over it after placement.

   (4)  Be capable of controlling fires.

   (5)  Control infiltration of precipitation and erosion and sedimentation.

   (6)  Support the germination and propagation of vegetative cover as required by § §  273.235 and 273.236 (relating to revegetation; and standards for successful revegetation) unless vegetative cover is not necessary to control infiltration of precipitation and erosion and sedimentation.

   (7)  Be consistent with the waste acceptance plan for the facility.

 (c)  Unless alternative design requirements to meet the performance standards in subsection (b) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), intermediate cover shall meet the following design requirements:

   (1)  If soil or soil-like material is used, the layer shall be at least 12 inches in thickness.

   (2)  If soil or soil-like material is used, the layer shall be uniformly graded.

 (d)  A 5-day supply of cover material shall be maintained on the site.

 (e)  If intermediate cover requires vegetation it shall be established within 30 days.

 (f)  Slopes constructed during daily landfilling and intermediate cover activities may not exceed 50%.

   The provisions of this §  273.233 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 (228341) to (228342).

 (a)  The operator shall provide final cover in the following manner:

   (1)  A cap shall be placed over the entire surface of each final lift. The following performance standards for the cap shall be met:

     (i)   The cap shall have a permeability less than or equal to the permeability of the primary liner or a permeability no greater than 1 x 10^-7 cm/sec, whichever is less.

     (ii)   The cap shall be resistant to physical and chemical failure.

     (iii)   The cap shall cover all areas where waste is disposed.

   (2)  A drainage layer capable of transmitting flow and preventing erosion of the soil layer shall be placed over the cap.

   (3)  A uniform and compacted layer of soil at least 2 feet in thickness shall be placed over the drainage layer.

 (b)  The operator shall place final cover within 1 year after disposal in the final lift ceases or as soon thereafter as weather permits, unless the Department, in the permit, allows a later period based on a demonstration that a later period is necessary to protect the final cover from differential settlement of waste at the facility. The Department will not allow a later period unless, at a minimum, delayed installation will not cause or allow violations of this article, the act or the environmental protection acts.

 (c)  Unless alternative design requirements to meet the performance standards in subsection (a)(1)(i)—(iii) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the cap shall meet the design requirements set forth for caps in Table 1 in §  273.256(e) (relating to primary liner) which will not result in a permeability greater than that of the primary liner.

 (d)  The layer of material described in subsection (a)(3) shall meet the following performance standards. The layer shall:

   (1)  Prevent vectors, odors, blowing litter and other nuisances.

   (2)  Be capable of allowing loaded vehicles to successfully maneuver over it after placement.

   (3)  Be capable of controlling fires.

   (4)  Be capable of supporting the germination and propagation of vegetative cover as required by § §  273.235 and 273.236 (relating to revegetation; and standards for successful revegetation).

   (5)  Ensure slope stability.

 (e)  Unless alternative design requirements to meet the performance standards in subsection (d) are approved as part of the permit under §  271.231, the layer of material described in subsection (a)(3) shall meet the following design requirements:

   (1)  The cover soil shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam as defined in the Soil Survey Manual published by the United States Department of Agriculture, Soil Conservation Service (available from the Department or the Northeast National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19103-6092).

   (2)  At least 40% by weight of the cover soil shall be capable of passing through a 2 millimeter, no. 10 mesh sieve.

 (f)  The grade of final slopes shall be designed, installed and maintained to:

   (1)  Ensure permanent slope stability.

   (2)  Control erosion due to rapid water velocity and other factors.

   (3)  Allow compaction, seeding and revegetation of cover material placed on the slopes.

   (4)  Ensure minimal percolation of precipitation and surface runoff into the disposal area.

 (g)  Unless the Department authorizes a different slope design in the permit based on a demonstration that the different design can meet the requirements of subsection (f), slopes shall be designed, installed and maintained as follows:

   (1)  The grade of the final surface of the facility may not be less than 3%.

   (2)  If the Department approves final grades of more than 15%:

     (i)   The operator shall construct a horizontal terrace at least 15 feet wide on the slope for every 25 feet maximum rise in elevations on the slope. The terrace width shall be measured as the horizontal distance between slope segments.

     (ii)   The gradient of the terrace shall be 5% into the landfill.

     (iii)   Drainage ditches shall be constructed on each horizontal terrace to convey flows.

   (3)  An operator may not leave final slopes that have a grade exceeding 33%, including slopes between benched terraces.

   The provisions of this §  273.234 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (228342) and (267579) to (267580).

   Closure

   Allowance of a 3½-month period before closure was sufficient to afford petitioner an opportunity to prepare and submit a new application as well as fulfilling the prompt closure requirements of this section. T. C. Inman, Inc. v. Department of Environmental Resources, 556 A.2d 25 (Pa. Cmwlth. 1989).

 (a)  Vegetation shall be established on land affected by a municipal waste landfill.

 (b)  Revegetation shall provide for an effective and permanent vegetative cover of the same seasonal variety as vegetation native to the site and capable of self regeneration and plant succession. Introduced species may be used when desirable and necessary to achieve the approved post closure land use. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species that is of equal or superior utility to native vegetation during each season of the year.

 (c)  Revegetation shall provide a quick germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

 (d)  Disturbed areas shall be seeded and planted when weather and planting conditions permit, but the seeding and planting of disturbed areas shall be performed by the first normal period for favorable planting after final grading.

 (e)  Mulch shall be applied to regraded areas where necessary to control erosion, promote germination of seeds and increase the moisture retention of the soil.

 (a)  The standard for successful revegetation shall be the percent of groundcover of the vegetation which exists on the site. The Department will not approve less than a 70% groundcover of permanent plant species. No more than 1% of the total area may have less than 30% groundcover. No single or contiguous area exceeding 3,000 square feet may have less than 30% groundcover.

 (b)  No trees, woody shrubs or deep rooted plants shall be planted or allowed to grow on the revegetated area, unless otherwise allowed by the Department in the permit based on a demonstration that roots will not penetrate the cap or drainage layer.

   This section cited in 25 Pa. Code §  271.113 (relating to closure plan); 25 Pa. Code §  273.142 (relating to revegetation plan); 25 Pa. Code §  273.233 (relating to intermediate cover and slopes); 25 Pa. Code §  273.234 (relating to final cover and grading); and 25 Pa. Code §  273.242 (relating to soil erosion and sedimentation control).

WATER QUALITY PROTECTION

§ 273.241. General requirements.

 (a)  The operator may not cause or allow a point or nonpoint source discharge of pollution from or on the facility to surface waters of this Commonwealth.

 (b)  A municipal waste landfill shall be operated to prevent and control surface and groundwater pollution. An operator shall operate and maintain necessary surface and groundwater treatment facilities until surface or groundwater pollution from the facility has been permanently abated.

 (c)  The operator may not cause or allow water pollution within or outside the site from operation of the facility.

   The provisions of this §  273.241 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (266303).

 (a)  The operator shall manage surface water and control soil erosion and sedimentation, based on the 24-hour precipitation event in inches to be expected once in 25 years.

 (b)  The operator shall:

   (1)  Prevent or minimize surface water percolation into the solid waste deposited at the facility.

   (2)  Meet the requirements of Chapter 102 (relating to erosion and sediment control).

   (3)  Prevent soil erosion and sedimentation to the maximum extent possible.

 (c)  When rills or gullies deeper than 9 inches form in areas that have been regraded and planted, the rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted according to § §  273.235 and 273.236 (relating to revegetation; and standards for successful revegetation). The Department will require that rills or gullies of lesser size be stabilized and the area reseeded or replanted if the rills or gullies are disruptive to the approved postclosure land use or may result in additional erosion and sedimentation.

 (a)  Surface drainage from the disturbed area, including areas that have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the site. The Department may, in the permit, waive the required use of sedimentation ponds when a person or municipality demonstrates to the satisfaction of the Department that sedimentation ponds are not necessary to meet the requirements of §  273.241 (relating to general requirements).

 (b)  A sedimentation pond shall be constructed, operated, and maintained under this section, Chapters 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management) and the minimum design criteria contained in the United States Soil Conservation Service’s Engineering Standard 378, ‘Pond’ Pa., as amended.

 (c)  A sedimentation pond and other treatment facility shall be maintained until removal of the ponds and facilities is approved by the Department.

 (d)  A pond shall include a nonclogging dewatering device approved by the Department that will permit the draining of the water from the inflow. The dewatering device may not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.

 (e)  A pond shall be designed, constructed and maintained to prevent short circuiting to the maximum extent possible.

 (f)  The design, construction and maintenance of a sediment pond under this section does not relieve the person or municipality that operates a facility of the responsibility for complying with the applicable treatment requirements and effluent limitations established under §  273.241.

 (g)  At a minimum, a sedimentation pond shall be capable of managing the runoff resulting from a 25-year, 24-hour precipitation event.

 Discharges from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipaters, riprap channels or other devices when necessary to reduce erosion, to prevent deepening or enlargement of stream channels and to minimize disturbance to surface and groundwater. Discharge structures shall be designed and maintained according to standard engineering-design procedures, and shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (a)  A person or municipality operating a municipal waste landfill which adversely affects a water supply by degradation, pollution or other means shall restore or replace the affected water supply with an alternate source that is of like quantity and quality to the original supply at no additional cost to the owner. For purposes of this section, the term “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 Chapter 93 (relating to water quality standards).

 (b)  A temporary water supply shall be provided as soon as practicable but not later than 48 hours after one of the following:

   (1)  Receipt of information showing that the operator is responsible for adversely affecting the water supply.

   (2)  Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.

 (c)  A permanent water supply shall be provided as soon as practicable but not later than 90 days after one of the following:

   (1)  Receipt of information showing that the operator is responsible for adversely affecting the water supply.

   (2)  Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.

 (d)  Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply, or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.

   The provisions of this §  273.245 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (243503).

   Defenses to Liability

   Subsection (a) does not conflict with the defenses to liability in 53 P. S. §  4000.1104. Adams Sanitation Co. v. Department of Environmental Protection, 683 A.2d 981 (Pa. Cmwlth. 1996); affirmed 715 A.2d 390 (Pa. 1998).

   This section cited in 25 Pa. Code §  273.252 (relating to general limitations).

LINER SYSTEM

§ 273.251. Scope and requirements.

 (a)  A person or municipality shall design, construct, operate and maintain a liner system for disposal areas of a municipal waste landfill or components of it under this section and § §  273.252—273.260 if one of the following applies:

   (1)  The person or municipality receives a permit to operate a municipal waste landfill after April 9, 1988 including a permit that results in an expansion of a facility permitted prior to April 9, 1988.

   (2)  The person or municipality disposes of waste on a permitted or unpermitted component thereof where waste was not disposed prior to April 9, 1988.

 (b)  A liner system shall consist of the following elements:

   (1)  Subbase, which is the prepared layer of soil or earthen materials upon which the remainder of the liner system is constructed.

   (2)  Secondary liner, which is a continuous layer of synthetic materials or remolded clay placed on the subbase.

   (3)  Leachate detection zone, which is the prepared layer placed on top of the secondary liner and upon which the primary liner is placed, and in which a leachate detection system is located.

   (4)  Primary liner, which is a continuous layer of synthetic materials placed on the leachate detection zone.

   (5)  Protective cover and leachate collection zone, which is a prepared layer placed over the primary liner in which a leachate collection system is located.

 (c)  Either the primary or the secondary liner shall be constructed as a composite liner. For a permit issued under this article prior to December 23, 2000, this requirement does not apply until December 24, 2001.

   The provisions of this §  273.251 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (243504).

 (a)  The bottom of the subbase of the liner system cannot be in contact with the seasonal high water table or perched water table without the use of groundwater pumping systems.

   (1)  Soil mottling may indicate the presence of a seasonal high water table.

   (2)  Drainage systems may be utilized to prevent contact between the bottom of the subbase of the liner system and the seasonal high water table or perched water table. The operator may not use a drainage system if the system is likely to adversely affect the quality or quantity of water provided by a public or private water supply, even if a replacement supply is available under §  273.245 (relating to water supply replacement). The drainage system shall be limited to drain tile, piping, french drains or equivalent methods.

 (b)  At least 8 feet shall be maintained between the bottom of the subbase of the liner system and the regional groundwater table in an unconfined aquifer. The regional groundwater table may not be artificially lowered.

 (c)  In a confined aquifer, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or preexisting causes. The integrity of the confining layer may not be compromised by excavation.

 (d)  If the approved design plans provide for the placement of additional adjacent liner:

   (1)  Waste may not be placed within 25 feet of an edge of the liner.

   (2)  The edge of the liner shall be protected by soil cover, or another material approved in the permit, until additional liner is added.

   (3)  A lined berm at least 4 feet high shall be constructed and maintained to prevent the lateral escape of leachate.

   (4)  Adequate spacing shall be maintained on the inside of the berm to collect stormwater and sediment.

 (e)  If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 15 feet of the inside top of the lined perimeter berm.

 (f)  A lined perimeter berm at least 4 feet high shall be constructed and maintained along the edge of the lined disposal area to prevent the lateral escape of leachate.

 (g)  The edge of the liner shall be clearly marked.

   The provisions of this §  273.252 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226172).

   Separation Standard Met

   The Environmental Hearing Board held that the design drawings the Authority submitted show that the eight foot separation requirement was met or exceeded throughout the areas to be lined. Therefore, the 1988 and 1990 solid waste permits did not unlawfully approve construction of a liner system where eight feet of separation cannot be maintained. Szarko v. Department of Environmental Resources, 668 A.2d 1232 (Pa. Cmwlth. 1995).

 (a)  The subbase shall meet the following performance standards. The subbase shall:

   (1)  Bear the weight of the liner system, waste, waste cover material and equipment operating on the facility without causing or allowing a failure of the liner system.

   (2)  Accommodate potential settlement without damage to the liner system.

 (b)  Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the subbase shall meet the following design requirements. The subbase shall:

   (1)  Be at least 6 inches thick and compacted to a standard proctor density of at least 95%.

   (2)  Be no more permeable than 1 x 10^-5 cm./sec., based on laboratory and field testing unless the clay component of a composite liner is designed and constructed directly above the subbase.

   (3)  Be hard, uniform, smooth and free of debris, rock, plant materials and other foreign material.

   (4)  Have a postsettlement slope of at least 2% and no more than 33%.

   The provisions of this §  273.253 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226209) to (226210).

 (a)  Performance standards. The secondary liner shall meet the following requirements:

   (1)  It shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.

   (2)  The effectiveness of it in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.

   (3)  It shall be resistant to physical failure, chemical failure and other failure from the sources identified under §  273.161(d) (relating to liner system and leachate control plan).

 (b)  Alternative design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the secondary liner shall meet, at a minimum, the requirements of the table in §  273.256(e) (relating to primary liner).

 (c)  Requirements. A secondary liner shall:

   (1)  Be no more permeable than 1 x 10^-7 cm./sec. based on laboratory and field testing.

   (2)  Be installed according to manufacturer’s specifications under the supervision of an authorized representative of the manufacturer if the liner is synthetic. An approved quality assurance and quality control plan shall be implemented in the field during the installation of the liner.

   (3)  Be designed, installed and maintained according to a quality assurance and quality control plan approved by the Department if the liner is remolded clay.

   (4)  Be inspected for uniformity, damage and imperfections during construction and installation.

 (d)  Compacted lifts. Secondary liners made of clay, bentonite and bentonite-like materials shall be constructed in compacted lifts not exceeding 6 inches in depth unless the operator submits data from a field demonstration validating the suitability of compacted lifts greater than 6 inches. A lift shall be scarified before placement of the next lift.

 (e)  Composite secondary liner.

   (1)  If the operator does not design, construct, operate and maintain a composite primary liner, the operator shall design, construct, operate and maintain a composite secondary liner which has the following components:

     (i)   An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.

     (ii)   A composite component made of earthen material that meets the requirements of this section independently of the upper component, except that the composite component may be no more permeable than 1.0 x 10^-7 cm/sec. based on laboratory and field testing and, at a minimum, meets the requirements of the table in §  273.256(e).

   (2)  The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct, continuous, and uniform contact, between them.

   (3)  The use of a composite secondary liner does not relieve the operator of responsibility for a separate primary liner under §  273.256.

 (f)  Natural attenuation of leachate prohibited. A facility or a component thereof that is subject to this chapter may not have a secondary liner based upon natural attenuation of leachate.

   The provisions of this §  273.254 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226210) to (226211).

 (a)  The leachate detection zone shall meet the following performance standards. The leachate detection zone shall:

   (1)  Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.

   (2)  Withstand chemical attack from waste or leachate.

   (3)  Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.

   (4)  Function without clogging.

   (5)  Prevent the liner from cracking, tearing, stretching or otherwise losing its physical integrity.

   (6)  Cover the bottom and sidewalls of the facility.

 (b)  Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements:

   (1)  Be at least 12 inches thick.

   (2)  Contain no material exceeding 0.5 inches in particle size.

   (3)  Create a flow zone between the secondary liner and the primary liner equal to or more permeable than 1 x 10^-2 cm./sec. based on a laboratory testing and, when required by the Department, field testing.

   (4)  Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump, and shall be of a sufficient size to transmit leachate that is generated.

   (5)  The piping system shall also meet the following:

     (i)   The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.

     (ii)   The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.

     (iii)   The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater, as specified by ASTM, or equivalent.

     (iv)   The pipes shall be cleaned and maintained as necessary.

   (6)  The leachate detection zone shall have a minimum bottom slope of 2%.

   (7)  Contain stone or aggregates without sharp edges.

 (c)  The operator shall monitor the leachate detection zone weekly to determine whether liquid is flowing from the zone.

 (d)  If liquid is flowing from the leachate detection zone, the operator shall:

   (1)  Immediately notify the Department in writing.

   (2)  Estimate, on a weekly basis, the volume of liquid flowing from the zone.

   (3)  Sample and analyze the liquid, on a quarterly basis, for pH, specific conductivity, total organic carbon, chloride, total alkalinity, ammonia-nitrogen and chemical oxygen demand. The Department may also require sampling and analysis for other constituents expected to be found in the waste.

   (4)  Provide written copies of flow and analysis data to the Department.

 (e)  If leachate flow is greater than 100 gallons per acre of liner collection area per day or more than 10% of leachate generation, the operator shall:

   (1)  Submit to the Department within 30 days a plan for locating the source of leachate in the leachate detection zone, and for determining the severity and cause of leachate penetration.

   (2)  Implement the plan upon Department approval, and complete the plan in a reasonable time not to exceed 6 months.

   (3)  Submit to the Department within 45 days after completion of the plan a report containing the new data collected, analysis of the data and recommendations concerning a remedial plan.

   (4)  Conduct quarterly sampling and analysis for the parameters in §  273.284 (relating to sampling and analysis), and submit copies of the results of the analysis to the Department.

 (f)  If sampling results indicate the presence of constituents at concentrations that could result in degradation of groundwater, the operator shall:

   (1)  Submit to the Department a remedial plan for controlling the source of leachate in the leachate detection zone, and implement the plan upon Department approval.

   (2)  Submit to the Department a permit modification application under §  271.222 (relating to permit modification) for increased groundwater monitoring, giving consideration to monitoring frequency, number of wells and other factors, and conduct increased groundwater monitoring upon Department approval of the application.

   The provisions of this §  273.255 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226211) to (226213).

 (a)  General. The primary liner shall meet the following requirements:

   (1)  The primary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.

   (2)  The effectiveness of the primary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.

   (3)  The primary liner shall be resistant to physical failure, chemical failure and other failure from the properties identified in §  273.161(d) (relating to liner system and leachate control plan).

 (b)  Alternative design standards. Unless alternative design standards to meet the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the primary liner shall meet, at a minimum, the requirements of the table in subsection (e).

 (c)  Requirements. A primary liner shall:

   (1)  Be no more permeable than 1 x 10^-7 cm./sec. based on laboratory and field testing.

   (2)  Be installed according to the manufacturer’s specifications under the supervision of an authorized representative of the manufacturer. The approved quality control program shall be implemented in the field during the installation of the liner.

   (3)  Be inspected for uniformity, damage and imperfections during construction or installation.

 (d)  Composite primary liner.

   (1)  If the operator does not design, construct, operate and maintain a composite secondary liner, the operator shall design, construct, operate and maintain a composite primary liner which has the following components:

     (i)   An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.

     (ii)   A composite component made of earthen material that meets the requirements of this section independently of the upper component, except that the composite component shall be no more permeable than 1.0 x 10^-7 cm./sec. based on laboratory and field testing and, at a minimum, meets the requirements of the table in subsection (e).

   (2)  The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct, continuous, and uniform contact between them.

   (3)  Use of a composite primary liner does not relieve the operator of responsibility for a separate secondary liner under §  273.254 (relating to secondary liner).

 (e)  Natural attenuation of leachate prohibited. A facility or component thereof that is subject to this chapter may not have a primary liner based upon natural attenuation of leachate.

TABLE 1
MINIMUM LINER DESIGN STANDARDS

 *Percentage is of maximum theoretical density when using Marshall method of design, and percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).

   The provisions of this §  273.256 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226213) to (226215).

 (a)  The protective cover shall meet the following performance standards. The protective cover shall:

   (1)  Protect the primary liner from physical damage from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.

   (2)  Protect the leachate collection system within the protective cover from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.

   (3)  Allow the continuous and free flow of leachate into the leachate collection system within the protective cover.

   (4)  Cover the bottom and sidewalls of the disposal area.

 (b)  Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the protective cover shall meet the following design requirements. The protective cover shall be:

   (1)  Comprised of clean earth material that contains no aggregate, rocks, debris, plant material or other solid material larger than 1/2 inch in diameter, and no material with sharp edges.

   (2)  As permeable as or more permeable than, 1 x 10^-2 cm./sec. based on field testing, and shall allow the free flow of liquids and leachate passing through or generated by solid waste.

   (3)  At least 18 inches in thickness.

   The provisions of this §  273.257 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226215).

 (a)  The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:

   (1)  Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system without ponding or accumulating on the liner.

   (2)  Ensure that the depth of leachate on or above the primary liner does not exceed 1 foot.

   (3)  Withstand chemical attack from leachate.

   (4)  Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.

   (5)  Function without clogging.

   (6)  Cover the bottom and sidewalls of the facility.

 (b)  Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the leachate collection system within the protective cover shall comply with the following design requirements:

   (1)  The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.

   (2)  The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.

   (3)  The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule 80 or greater as specified by ASTM, or equivalent.

   (4)  The leachate collection system shall contain stones or aggregates.

   (5)  The pipes shall be installed primarily perpendicular to the flow and shall have a postsettlement grade of at least 2%.

   (6)  The leachate collection system shall be cleaned and maintained as necessary.

   (7)  The leachate collection system shall have a minimum bottom slope of 2%.

   The provisions of this §  273.258 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226215) to (226216).

 (a)  For municipal waste landfills in surface mined areas in which the disposal area abuts a highwall, the operator shall design, construct and maintain a barrier between the highwall and the disposal area that meets the following performance standards:

   (1)  The barrier shall prevent the lateral migration of leachate from the disposal area.

   (2)  The effectiveness of the barrier in preventing the lateral migration of leachate may not be adversely affected by solid waste, solid waste constituents or leachate from the facility.

   (3)  The barrier shall meet the requirements of §  273.291(a) (relating to mineral resources).

 (b)  Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under §  271.231 (relating to equivalency review procedure), the barrier shall meet the following design requirements listed in this subsection. The barrier shall be:

   (1)  Twelve horizontal feet in thickness.

   (2)  No more permeable than 1 x 10^-7 cm./sec. based on laboratory and field testing.

   (3)  Made of clay as specified in Table I of §  273.256 (relating to primary liner).

 (c)  The barrier shall be designed, installed and maintained according to a quality assurance and quality control plan approved by the Department.

 (d)  The barrier shall be inspected for uniformity, damage and imperfections during construction and installation.

 The first 8 feet of solid waste placed on the protective cover may not contain material capable of penetrating or puncturing the protective cover.

   This section cited in 25 Pa. Code §  273.161 (relating to liner system and leachate control plan); and 25 Pa. Code §  273.251 (relating to scope and requirements).

LEACHATE TREATMENT

§ 273.271. Scope.

 (a)  A person or municipality shall comply with this section and § §  273.272—273.277 if the person or municipality:

   (1)  Receives a permit to operate a municipal waste landfill after April 9, 1988, including a permit that results in the expansion of a facility permitted before April 9, 1988.

   (2)  Received a permit to operate a municipal waste landfill before April 9, 1988 for which a liner system is required under §  273.251 (relating to scope and requirements).

 (b)  A person or municipality operating a municipal waste landfill on April 9, 1988 that is not subject to subsection (a), but which is required by The Clean Streams Law (35 P. S. § §  691.1—691.1001) and regulations thereunder to treat leachate, shall comply with § §  273.272—273.277 to the greatest extent practicable.

 (a)  Except as otherwise provided in this section, leachate shall be collected and handled by direct discharge into a permitted publicly-owned treatment works, following pretreatment, if pretreatment is required by Federal, State or local law or by discharge into another permitted treatment facility.

 (b)  Leachate may be collected and handled by onsite treatment and discharge into a receiving stream under a permit issued by the Department under The Clean Streams Law (35 P. S. § §  691.1—691.1001) and regulations thereunder, if the Department approves this method in a municipal waste landfill permit. This method will not be allowed unless, at a minimum, direct discharge into a publicly-owned treatment works or other permitted facility is not practicable.

 (c)  Leachate may be collected and handled by spray irrigation following treatment. This method will not be allowed unless, at a minimum:

   (1)  Discharge into a publicly-owned treatment works or other permitted treatment facility is not practicable.

   (2)  Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and regulations thereunder is not attainable.

   (3)  Spray irrigation will not cause groundwater pollution.

   The provisions of this §  273.272 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226218).

 (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 §  273.163 (relating to modifications of leachate treatment plan), the operator shall operate a leachate collection and treatment facility as provided in §  273.272 (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 (35 P. S. § §  691.1—691.1001) and regulations thereunder is attainable within 3 years.

   (3)  A leachate recirculation system under §  273.274 (relating to leachate recirculation) is constructed and fully operational.

   (4)  The landfill 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 regulations thereunder, and is otherwise authorized and capable of accepting and treating leachate from the landfill.

 (c)  If a person or municipality using vehicular transportation to, and treatment at, an offsite treatment facility 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 §  273.272 shall begin immediately.

 (d)  If the operator cannot immediately implement a treatment plan under §  273.272 to comply 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.

 (a)  In conjunction with the treatment methods in § §  273.272 and 273.273 (relating to basic treatment methods; and leachate transportation), recirculation of leachate may be utilized if the following exist:

   (1)  The area subject to leachate recirculation previously has been filled with solid waste.

   (2)  There is sufficient municipal waste capacity to absorb the leachate.

   (3)  The area subject to leachate recirculation is underlain by a leachate collection system.

   (4)  The leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.

   (5)  The leachate is not a hazardous waste.

 (b)  An alternate leachate recirculation method may be used if approved by the Department, if one of the liner systems installed at the facility is a composite liner.

   The provisions of this §  273.274 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226220).

 (a)  Impoundments or tanks for storing leachate before or during treatment shall be constructed under § §  285.122—285.124 (relating to storage tanks; impoundments—general; and impoundments—failure).

 (b)  An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. The tanks or impoundments shall have sufficient storage capacity at least equal to the maximum expected production of leachate for any 30-day period for the life of the facility estimated under §  273.162 (relating to leachate treatment plan), or 250,000 gallons, whichever is greater. No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.

 (c)  The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.

 (d)  The storage capacity of impoundments and tanks at a site shall be increased if additional storage is required prior to each major phase of construction and as otherwise necessary.

 (e)  Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.

 (f)  Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. The leachate treatment or handling system approved by the Department under §  273.162 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.

 (g)  For a facility permitted after December 23, 2000, underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with §  245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.

   The provisions of this §  273.275 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226220) and (255073).

 (a)  Upon commencement of leachate flow from the facility, the operator shall sample and analyze the following:

   (1)  On a daily basis, the average flow rate and volume of leachate flowing from the landfill into the leachate storage and treatment system.

   (2)  On a quarterly basis, the chemical composition of leachate flowing into the leachate treatment system, including total alkalinity, specific conductance, chlorides, sulfates, total dissolved solids, chemical oxygen demand, metals and volatile organic analysis. The analysis shall be sufficient to determine the impact of leachate on the liner system, the effectiveness of the leachate treatment system, the need for modification of the groundwater monitoring system or the effluent limitations in an NPDES permit and the actual characteristics of leachate from the waste disposed at the facility. For the purpose of this quarterly analysis, the leachate sample shall be collected from the influent storage tank or impoundment and shall be representative of the average mixed influent leachate quality.

 (b)  Sludges resulting from the treatment of leachate may be disposed at the facility if the sludges are not hazardous under Article VII (relating to hazardous waste management).

   The provisions of this §  273.276 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (255073).

 The operator shall immediately notify the Department and describe remedial steps to be taken if:

   (1)  Operation of the treatment facilities in accordance with the approved plan cannot prevent violation of the terms of its permits, The Clean Streams Law (35 P. S. § §  691.1—691.1001) or regulations thereunder.

   (2)  The facility is generating a quality or quantity of leachate that exceeds the design capacity of the onsite pretreatment system.

   (3)  The contractual agreement for leachate treatment by an offsite treatment system is breached or expired.

   (4)  The quality or quantity of solid waste being disposed at the site changes from that set forth in the permit.

   The provisions of this §  273.277 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (255073).

   This section cited in 25 Pa. Code §  271.113 (relating to closure plan); 25 Pa. Code §  273.162 (relating to leachate treatment plan); 25 Pa. Code §  273.163 (relating to modifications of leachate treatment plan); and 25 Pa. Code §  273.271 (relating to scope).

WATER QUALITY MONITORING

§ 273.281. General requirements.

 (a)  A person or municipality that operates a municipal waste landfill shall install, operate and maintain a monitoring system that can detect the entry of solid waste, solid waste constituents, leachate, contaminants or constituents of decomposition into the groundwater or surface water. The monitoring system shall comply with this section and § §  273.282—273.288.

 (b)  A person may not construct, install or use a monitoring system for a municipal waste landfill until that system has first been approved by the Department in writing.

   The provisions of this §  273.281 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (255074).

 (a)  The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry and flow systems on the site and adjacent area. The system shall consist, at a minimum, of the following:

   (1)  At least one monitoring well at a point hydraulically upgradient from the disposal area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by the facility, except when the facility occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring wells shall be placed to determine the extent of adverse effects on groundwater from the facility.

   (2)  At least three monitoring wells at points hydraulically downgradient in the direction of decreasing static head from the area in which solid waste has been or will be disposed. In addition to three downgradient wells, the Department may allow one or more springs for monitoring points if the springs are hydraulically downgradient from the area in which solid waste has been or will be disposed, if the springs are developed and protected in a manner approved by the Department, and if the springs otherwise meet the requirements of this subchapter.

   (3)  A leachate detection system for the disposal area, as required by § §  273.251 and 273.255 (relating to scope and requirements; and leachate detection zone).

   (4)  A leachate collection system for the permitted disposal area, as required by §  273.251 and §  273.258 (relating to leachate collection system within protective cover).

   (5)  Surface water monitoring points approved by the Department.

 (b)  The upgradient and downgradient monitoring wells shall be:

   (1)  Sufficient in number, location and depth to be representative of water quality.

   (2)  Located so that it does not interfere with routine facility operations.

   (3)  Located within 200 feet of the permitted disposal area and located at the points of compliance.

 (c)  In addition to the requirements of subsection (b), upgradient monitoring wells shall be located so that they will not be affected by adverse effects on groundwater from the disposal area.

 (d)  In addition to the requirements of subsection (b), downgradient monitoring wells shall be located so that they will provide early detection of adverse effects on groundwater from the disposal area.

 (e)  A well drilled under this section shall be drilled by drillers licensed under the Water Well Drillers License Act (32 P. S. § §  645.1—645.13).

 (f)  The well materials shall be decontaminated prior to installation.

   The provisions of this §  273.282 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (255074) and (226223).

 (a)  A monitoring well shall be constructed with a screen that meets the following requirements:

   (1)  The screen shall be factory made.

   (2)  The screen may not react with the groundwater being monitored.

   (3)  The screen shall maximize open area to minimize entrance velocities and allow rapid sample recovery.

 (b)  A monitoring well shall be filter-packed with chemically inert clean quartz sand, silica or glass beads. The material shall be well-rounded and dimensionally stable.

 (c)  A monitoring well shall be cased as follows:

   (1)  The casing shall maintain the integrity of the monitoring well borehole and shall be constructed of material that will not react with the groundwater being monitored.

   (2)  The minimum casing diameter shall be 4 inches unless otherwise approved by the Department in writing.

   (3)  The casing shall protrude at least 1 foot aboveground, unless otherwise approved by the Department, and shall be clearly visible.

   (4)  The casing shall be designed and constructed to prevent cross contamination between surface water and groundwater.

   (5)  The annular space above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.

   (6)  If plastic casing is used, it shall be threaded and gasket sealed to preclude potential sample contamination from solvent welded joints, unless otherwise provided by the Department in the permit.

   (7)  Alternative casing designs for wells in stable formations may be approved by the Department.

 (d)  A monitoring well casing shall be enclosed in a protective casing that shall:

   (1)  Be of sufficient strength to protect the well from damage by heavy equipment and vandalism.

   (2)  Be installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum stick up of 3 feet, unless otherwise approved by the Department in writing.

   (3)  Be grouted and placed with a cement collar at least 3 feet deep to hold it firmly in position.

   (4)  Be numbered for identification with a label capable of withstanding field conditions and painted in a highly visible color.

   (5)  Protrude above the monitoring well casing.

   (6)  Have a locked cap.

   (7)  Be made of steel or any other material of equivalent strength.

   The provisions of this §  273.283 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226223) to (226224).

 A person or municipality operating a municipal waste landfill shall conduct sampling and analysis from each monitoring point for the following parameters at the following frequencies:

   (1)  Quarterly, for ammonia-nitrogen, bicarbonate, calcium, chloride, fluoride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate, total alkalinity, total organic carbon, total phenolics, total dissolved solids, iron, magnesium, manganese, potassium and sodium.

   (2)  Quarterly, for the following volatile organic compounds: 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)  Quarterly, for 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)  Annually, for total and dissolved concentrations of the following: arsenic, barium, cadmium, chromium, copper, lead, mercury, selenium, silver and zinc.

   (5)  Annually, for the following volatile organic compounds: 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, 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, tribromomethane and trichlorofluoromethane.

   (6)  Annually, for 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. These ten compounds shall be identified but their concentration does not require measurement.

   The provisions of this §  273.284 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226224) to (226225).

 Analyses of data required by this subchapter shall be submitted on a form provided by the Department within 60 days of sampling or 15 days after completion of analyses, whichever is sooner, unless the Department approves another time period in the permit.

 (a)  Requirement. A person or municipality operating a municipal waste landfill shall prepare and submit to the Department a groundwater assessment plan within 60 days after one of the following occurs:

   (1)  Data obtained from monitoring by the Department or the operator indicates groundwater degradation at any monitoring point for parameters other than chemical oxygen demand, pH, specific conductance, total organic carbon, turbidity, total alkalinity, calcium, magnesium and iron.

   (2)  Laboratory analysis of one or more public or private water supplies shows the presence of degradation that could reasonably be attributed to the facility.

 (b)  Exceptions. The operator is not required to conduct an assessment under this section if one of the following applies:

   (1)  Within 10 working days after receipt of sample results showing groundwater degradation the operator resamples the affected wells and analysis from resampling shows, to the Department’s satisfaction, that groundwater degradation has not occurred.

   (2)  Within 20 working days after receipt of sample results indicating groundwater degradation, the operator demonstrates that the degradation was caused entirely by earth moving and other activities related to facility construction, or by seasonal variations.

 (c)  The groundwater assessment plan shall specify the manner in which the operator will determine the existence, quality, quantity, areal extent and depth of groundwater degradation, and the rate and direction of migration of contaminants in the groundwater. A groundwater assessment plan shall be prepared by an expert in the field of hydrogeology. The plan shall contain, at a minimum, the following information:

   (1)  The number, location, size, casing type and depth of wells, lysimeters, borings, pits, piezometers and other assessment structures or devices to be used. If the operator establishes compliance points as part of the assessment, the points shall be wells constructed in accordance with § §  273.282 and 273.283 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).

   (2)  Sampling and analytical methods for the parameters to be evaluated.

   (3)  Evaluation procedures, including the use of previously gathered groundwater quality information, to determine the concentration, rate and extent of groundwater degradation from the facility.

   (4)  An implementation schedule.

   (5)  Identification of the abatement standard that will be met.

 (d)  The groundwater assessment plan shall be implemented upon approval by the Department in accordance with the approved implementation schedule, and shall be completed in a reasonable time not to exceed 6 months unless otherwise approved by the Department. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified. The operator shall notify, in writing, each owner of a private or public water supply located within 1/2-mile downgradient of the disposal area that an assessment has been initiated.

 (e)  Within 45 days after the completion of the groundwater assessment plan, the operator shall submit a report containing the new data collected, analysis of the data and recommendations on the necessity for abatement.

 (f)  If the Department determines after review of the groundwater assessment report that implementation of an abatement plan is not required by §  273.287 (relating to abatement plan), the operator shall submit a permit modification application under §  271.222 (relating to permit modification) for necessary changes to the groundwater monitoring plan. The operator shall implement the modifications within 30 days of the Department’s approval.

 (g)  This section does not prevent the Department from requiring, or the operator from conducting, groundwater abatement or water supply replacement concurrently with or prior to implementation of the assessment.

   The provisions of this §  273.286 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226225) to (226226).

 (a)  The operator of a municipal waste landfill shall prepare and submit to the Department an abatement plan whenever one of the following occurs:

   (1)  The groundwater assessment plan prepared and implemented under §  273.286 (relating to groundwater assessment plan) shows the presence of groundwater degradation at one or more monitoring wells and the analysis under §  273.286(c) indicates that an abatement standard under subsection (d) will not be met.

   (2)  Monitoring by the Department or operator shows the presence of an abatement standard exceedance from one or more compliance points as indicated in subsection (d), even if a groundwater assessment plan has not been completed. The operator is not required to implement an abatement plan under this paragraph if the following conditions are met:

     (i)   Within 10 days after receipt of sample results showing an exceedance of an abatement standard at a point of compliance described in subsection (d), the operator resamples the affected wells.

     (ii)   Analysis from resampling shows to the Department’s satisfaction that an exceedance of an abatement standard has not occurred.

 (b)  An abatement plan shall be prepared by an expert hydrogeologist and submitted to the Department. The plan shall contain the following information:

   (1)  The specific methods or techniques to be used to abate groundwater pollution from the facility.

   (2)  The specific methods or techniques to be used to prevent further groundwater pollution from the facility.

   (3)  A schedule for implementation.

 (c)  The abatement plan shall be completed and submitted to the Department for approval within 90 days of the time the obligation arises under this section unless the date is otherwise modified, in writing, by the Department.

 (d)  If abatement is required in accordance with subsection (a), the operator shall demonstrate compliance with one or more of the following abatement standards at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer:

   (1)  For constituents for which an MCL has been promulgated under the Federal Safe Drinking Water Act or the Pennsylvania Safe Drinking Water Act (42 U.S.C.A. § §  300f—300j-18; and 35 P. S. § §  721.1—721.17), the MCL for that constituent.

   (2)  For constituents for which MCLs have not been promulgated, the background standard for the constituent.

   (3)  For constituents for which the background standard is higher than the MCL or risk-based standard identified under paragraph (4), the background standard.

   (4)  For constituents for which no MCLs have been established, the risk-based standard if the following conditions are met:

     (i)   The risk assessment used to establish the standard assumes that human receptors exist at the property boundary.

     (ii)   The level is derived in a manner consistent with Department guidelines for assessing the health risks of environmental pollutants.

     (iii)   The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. § §  2601—2692), or other scientifically valid studies approved by the Department.

     (iv)   For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level of 1.0 x 10^-5 at the property boundary.

     (v)   For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this subparagraph, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.

 (e)  The abatement plan shall be implemented within 60 days of approval by the Department in accordance with the approved implementation schedule. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified.

 (f)  The abatement plan shall be continued until the Department states, in writing, based on monitoring by the Department and the operator, that groundwater pollution from the facility has been permanently abated.

   The provisions of this §  273.287 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226226) to (226227).

 A person or municipality subject to the requirements of this subchapter shall retain records of analyses and evaluations of monitoring data and groundwater elevations required under this subchapter until release of the bonds, and shall make the records available to the Department upon request.

   This section cited in 25 Pa. Code §  271.113 (relating to closure plan); 25 Pa. Code §  273.152 (relating to water quality monitoring plan); 25 Pa. Code §  273.281 (relating to general requirements); 25 Pa. Code §  279.233 (relating to soil and groundwater monitoring); 25 Pa. Code §  281.254 (relating to soil and groundwater monitoring); 25 Pa. Code §  283.233 (relating to soil and groundwater monitoring); and 25 Pa. Code §  285.123 (relating to impoundments—general).

MINERALS AND GAS

§ 273.291. Mineral resources.

 (a)  The operator shall isolate coal seams, coal outcrops and coal refuse from waste deposits in a manner that prevents combustion of the waste and that prevents damage to the liner system.

 (b)  Mine openings within the site shall be sealed in a manner approved by the Department.

 (c)  The operator shall implement a plan for controlling potential for damage from subsidence that was submitted and approved under §  273.120 (relating to mineral deposits information).

   The provisions of this §  273.291 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226227) to (226228).

 (a)  The operator shall implement the gas control and monitoring plan approved under §  273.171 (relating to gas monitoring and control plan).

 (b)  The operator shall control decomposition gases generated within the site to prevent danger to workers, structures and to occupants of adjacent property.

 (c)  Gas venting and monitoring systems shall be installed during construction at facilities.

 (d)  Gas monitoring shall be conducted in accordance with the approved plan. Gas monitoring shall be conducted quarterly by the operator during active operations and after closure until the Department determines in writing that gas monitoring is not necessary to ensure compliance with the act, the environmental protection acts, regulations promulgated thereunder and the terms and conditions of the permit.

 (e)  Combustible gas levels may not equal or exceed:

   (1)  Twenty-five percent of the lower explosive limit in a structure within the site.

   (2)  The lower explosive limit at the boundaries of the site.

 (f)  The operator shall conduct active forced ventilation of the facility, using vents located at least 3 feet above the landfill surface if one of the following applies:

   (1)  Passive venting has caused or may cause violations of subsection (e).

   (2)  Induced positive gas flows will prevent or control offsite odors.

   The provisions of this §  273.292 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226228).

 (a)  Gas recovery shall be conducted:

   (1)  In a manner that does not interfere or conflict with activities on the site or required control measures.

   (2)  Without creating or causing danger to persons or property.

   (3)  According to the plan approved by the Department under §  273.171 (relating to gas monitoring and control plan).

 (b)  The operator shall, on an annual basis, physically and chemically characterize recovered gas, condensates or other residues which are generated. Users of the recovered gas shall be informed of the chemical quality of the gas. If condensates or other residues are hazardous, they shall be managed under Chapters 260—265 and 270 (Reserved).

   The provisions of this §  273.293 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226228) to (238977).

   This section cited in 25 Pa. Code §  273.171 (relating to gas monitoring and control plan).

EMERGENCY PROCEDURES

§ 273.301. Hazard prevention.

 Municipal waste landfills shall be designed, constructed, maintained and operated to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth that could threaten public health or safety, public welfare or the environment.

   The provisions of this §  273.301 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (238977).

 (a)  Except as provided in subsection (b), the operator shall have available in proper working condition the following equipment at the immediate operating area of the facility:

   (1)  An internal communications or alarm system capable of providing immediate emergency instruction by voice or signal to facility personnel.

   (2)  A communications system capable of summoning emergency assistance from local police, fire departments, emergency medical services and from State and local emergency response agencies.

   (3)  Portable fire extinguishers, fire control equipment, spill control equipment and decontamination equipment. For fire control equipment requiring water, the facility shall have a water supply of adequate quantity and pressure to supply the equipment.

   (4)  Portable gas explosimeters and gas monitoring equipment.

 (b)  The Department may waive or modify one or more of the requirements of subsection (a) in the permit if the operator demonstrates to the Department’s satisfaction that the requirements are not necessary to protect public health and safety, public welfare and the environment.

 (c)  Equipment and material required by this section shall be tested and maintained so that it is operable in time of emergency.

 (d)  Adequate space shall be maintained to allow the unobstructed movement of emergency personnel and equipment to operating areas of the facility.

   The provisions of this §  273.302 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (238977).

 (a)  The operator of the facility shall immediately implement the applicable provisions of the approved contingency plan if there is an emergency. For the purposes of this section, the term “emergency” includes a fire, spill or other event that threatens public health and safety, public welfare or the environment and personal injury.

 (b)  During an emergency, the operator shall:

   (1)  Assess actual or potential hazards to public health and safety, public welfare and the environment that are occurring or may occur.

   (2)  Ensure that fires, spills or other hazards do not occur, reoccur or spread to other solid waste at the facility.

   (3)  Immediately telephone the Department and county emergency management agency and report the following information:

     (i)   The name of the person reporting the incident and telephone number where that person can be reached.

     (ii)   The name, address and permit number of the facility.

     (iii)   The date, time and location of the emergency.

     (iv)   A brief description of the nature of the emergency, the type and quantity of the solid waste involved, and what dangers to public health and safety, public welfare and the environment exist or may occur.

     (v)   The nature of injuries.

     (vi)   The parts of the contingency plan being implemented to alleviate the emergency.

 (c)  After an emergency, the operator of the facility shall do the following:

   (1)  Clean up the area affected by the emergency and treat, store or dispose of recovered solid waste, contaminated soil, contaminated water or other material in a manner approved by the Department.

   (2)  Prevent disposal, processing, storage or treatment of solid waste in the area affected by the emergency until the operator has cleaned up the area, and the Department has inspected and approved the resumption of operation after the cleanup.

   The provisions of this §  273.303 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (238977) to (238978).

   This section cited in 25 Pa. Code §  273.181 (relating to contingency plan).

RECORDKEEPING AND REPORTING

§ 273.311. Daily operational records.

 (a)  The operator of a facility shall make and maintain an operational record for each day that municipal waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs.

 (b)  The daily operational record shall include the following:

   (1)  The type and weight or volume of the solid waste received.

   (2)  The county in which the solid waste originated, or if the waste originated outside this Commonwealth, the state.

   (3)  The transporters of the solid waste.

   (4)  The particular grid location of the area currently being used for disposal of solid waste.

   (5)  A description of waste handling problems or emergency disposal activities.

   (6)  A record of deviations from the approved design or operational plans.

   (7)  A record of activities for which entries are needed in order to comply with the annual operation report required in §  273.313 (relating to annual operation report).

   (8)  A record of actions taken to correct violations of the act, the environmental protection acts and this title.

   (9)  A record of rejected waste loads and the reasons for rejecting the loads.

   (10)  A record of each incident in which radioactive material is detected in waste loads. The record shall include:

     (i)   The date, time and location of the occurrence.

     (ii)   A brief narrative description of the occurrence.

     (iii)   Specific information on the origin of the material, if known.

     (iv)   A description of the radioactive material involved, if known.

     (v)   The name, address and telephone numbers of the supplier or handler of the radioactive material and the name of the driver.

     (vi)   The final disposition of the material.

   (11)  A record of each vehicle, other than a combination, that exceeds 73,280 pounds gross weight and of each combination that exceeds 80,000 pounds gross weight.

     (i)   The record shall include:

       (A)   The gross weight of the vehicle when weighed at the facility.

       (B)   The registration plate number and home or base state registration of the vehicle.

       (C)   The name, business address and telephone number of the owner of the vehicle.

       (D)   The date and time when the vehicle was weighed at the facility.

       (E)   The date that the weight scale was last tested in accordance with 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act).

     (ii)   For purposes of this paragraph, the following terms have the following meanings unless the context clearly indicates otherwise:

   Combination—Two or more vehicles physically interconnected in tandem. An example of a combination is a truck tractor attached to a semi-trailer.

   Gross weight—The combined weight of a vehicle or combination of vehicles and its load, excluding the driver’s weight.

   Registration—The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.

 (c)  The operator shall maintain accurate operational records sufficient to determine whether municipal waste is being stored under Chapter 285, Subchapter A (relating to storage of municipal waste).

 (d)  Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts, but in no case less than 5 years. These records shall be made available to the Department upon request.

 (a)  An operator shall submit to the Department a quarterly report. The report shall be submitted on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December. The report shall be submitted on forms supplied by the Department.

 (b)  The quarterly operational report shall include the following:

   (1)  The type and weight or volume of solid waste received in each month of the reported quarter.

 (a)  An operator shall submit to the Department an annual operation report on or before June 30 of each year.

 (b)  The annual operation report, which shall be submitted on a form supplied by the Department, shall include the following:

   (1)  A topographic survey map of the same scale, contour interval and grid system as the original site plans showing the following:

     (i)   The contours at the beginning and the end of the year.

     (ii)   The completed areas of the site as well as areas partially filled but not active during the previous year.

   (2)  A description of capacity used in the previous year and remaining permitted capacity.

   (3)  A description of the acreage used for disposal, the acreage seeded, the acreage that has been vegetated, the acreage where vegetation is permanently established and a narrative of the operator’s progress in implementing its closure plan.

   (4)  A current certificate of insurance as specified in §  271.374(a) (relating to proof of insurance coverage), evidencing continuous coverage for public liability insurance as required by §  271.371 (relating to insurance requirement).

   (5)  Changes in the previous year concerning the information required by § §  271.124 and 271.125 (relating to identification of interests; and compliance information). The report shall state if no changes have occurred.

   (6)  A change in the ownership of the land upon which the facility is located or a change in a lease agreement for the use of the land that may affect or alter the operator’s rights upon the land.

   (7)  A written update of the total bond liability for the facility under §  271.331 (relating to bond and trust amount determination). If additional bond is determined to be necessary, it shall be submitted to the Department within 90 days after the annual report is due.

   (8)  Certification that the operator has received the analysis or certification required by §  287.54 (relating to chemical analysis of waste) for each type of residual waste or special handling waste received at the facility, and that the residual waste or special handling waste that is received at the facility meets the conditions in the facility’s permit.

   (9)  A record of detected radioactive materials.

 (c)  The annual operation report shall be accompanied by a nonrefundable annual permit administration fee of $2,800 in the form of a check payable to the “Commonwealth of Pennsylvania.”

 (d)  The report shall include an evaluation of whether the monitoring plan implemented under this subchapter needs to be revised to comply with §  273.282 (relating to number, location and depth of monitoring points) because of changes in groundwater elevation or other reasons. If this evaluation determines that changes in the approved groundwater monitoring plan are necessary, the operator shall immediately notify the Department and submit an application for permit modification under §  271.222 (relating to permit modification) for necessary changes in the monitoring plan.

   The provisions of this §  273.313 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 October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (238979) to (238981).

 (a)  Defining act. For purposes of this section, the term ‘‘act’’ means the Municipal Waste Planning, Recycling and Waste Reduction Act.

 (b)  Payment of benefit fee. On and after September 26, 1988, the operator of a municipal waste landfill shall pay the host municipality benefit fee to the host municipality, in accordance with Chapter 13 of the act (53 P. S. § §  4000.1301—4000.1305). If the landfill is located in more than one municipality, the fee shall be apportioned according to the percentage of the permitted area located in each municipality, as determined by the Department.

 (c)  Quarterly payment. Each operator of a municipal waste landfill shall pay the host municipality benefit fee on a quarterly basis. The fee shall be paid on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December respectively.

 (d)  Quarterly reports. Each host municipality benefit fee payment shall be accompanied by a form prepared and furnished by the Department and completed by the operator. The form shall state the weight or volume of solid waste received by the landfill during the payment period and provide other information deemed necessary by the Department to carry out the purposes of the act. The form shall be signed by the operator. A copy of the completed form shall be sent to the Department at the same time that the fee and form are sent to the host municipality.

 (e)  Timeliness of payment. An operator shall be deemed to have made a timely payment of the host municipality benefit fee if the following are met:

   (1)  The enclosed payment is for the full amount owed under this section, and no further host municipality action is required for collection.

   (2)  The payment is accompanied by the required form and the form is complete and accurate.

   (3)  The letter transmitting the payment that is received by the host municipality is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received.

 (f)  Discount. An operator that makes a timely payment of the host municipality benefit fee as provided in this section shall be entitled to credit and may apply against the fee payable by him a discount of 1% of the amount of the fee collected by him.

 (g)  Alternate proof. For purposes of this section, presentation of a receipt indicating that the payment was mailed by registered or certified mail on or before the due date shall be evidence of timely payment.

 (h)  Interest. If an operator fails to make a timely payment of the host municipality benefit fee, the operator shall pay interest on the unpaid amount due at the rate established under section 806 of The Fiscal Code (72 P. S. §  806), from the last day for timely payment to the date paid.

 (i)  Additional penalty. In addition to the interest provided in section 1303(a) of the act (53 P. S. §  4000.1303(a)), if an operator fails to make timely payment of the host municipality benefit fee, there shall be added to the amount of fee actually due 5% of the amount of the fee, if the failure to file a timely payment is for not more than 1 month, with an additional 5% for each additional month, or fraction thereof, during which the failure continues, not exceeding 25% in the aggregate.

 (j)  Assessment notices. If the host municipality determines that an operator of a municipal waste landfill has not made a timely payment of the host municipality benefit fee, it will send a written notice for the amount of the deficiency to the operator within 30 days from the date of determining the deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of solid waste received at the landfill for the payment period, the host municipality may estimate the weight or volume of its deficiency notice.

 (k)  Constructive trust. Host municipality benefit fees collected by an operator and held by the operator prior to payment to the host municipality shall constitute a trust fund for the host municipality. The trust shall be enforceable against the operator, its representatives and a person receiving any part of the fund without consideration or with knowledge that the operator is committing a breach of the trust. A person receiving payment of lawful obligation of the operator from the fund shall be presumed to have received the same in good faith and without knowledge of the breach of trust.

 (l)  Manner of collection. The amount due and owing under section 1301 of the act (53 P. S. §  4000.1301) shall be collectible by the host municipality in the manner provided in section 1709 of the act (53 P. S. §  4000.1709).

 (m)  Remedies cumulative. The remedies provided to host municipalities in this section are in addition to other remedies provided at law or in equity.

 (n)  Records. Each operator required to pay the host municipality benefit fee shall keep daily records of deliveries of solid waste to the landfill, as required by the host municipality, including, but not limited to, the name and address of the hauler, the source of the waste, the kind of waste received and the weight or volume of the waste. The records shall be maintained in this Commonwealth by the operator for at least 5 years and shall be made available to the host municipality for inspection upon request.

 (o)  Surcharge. The provisions of any law to the contrary notwithstanding, the operator of a municipal waste landfill subject to Chapter 13 of the act may collect the host municipality benefit fee as a surcharge on a fee schedule established under law, ordinance, resolution or contract for solid waste disposal or processing operations at the landfill. In addition, a person who collects or transports solid waste subject to the host municipality benefit fee to a municipal waste landfill subject to Chapter 13 of the act may impose a surcharge on a fee schedule established under law, ordinance, resolution or contract for solid waste disposal or processing operations at the landfill. In addition, a person who collects or transports solid waste subject to the host municipality benefit fee to a municipal waste landfill subject to Chapter 13 of the act may impose a surcharge on a fee schedule established under law, ordinance, resolution or contract for the collection or transportation of solid waste to the landfill. The surcharge shall be equal to the increase in processing or disposal fees at the landfill attributable to the host municipality benefit fee. Interest and penalties on the fee under section 1303(a) and (b) of the act may not be collected as a surcharge.

 (p)  Cooperation with host municipality inspector. It is the duty of the operator of a municipal waste landfill or resource recovery facility to fully cooperate with a host municipality inspector in the performance of his duties.

 (a)  On and after October 26, 1988, the operator of a municipal waste landfill shall pay a recycling fee in the form of a check payable to the “Commonwealth of Pennsylvania, Recycling Fund,” in accordance with Chapter 7 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § §  4000.701—4000.706). This fee shall terminate in accordance with law.

   (1)  The recycling fee shall be paid on a quarterly basis, on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December respectively.

   (2)  A recycling fee payment shall be accompanied by a form provided by the Department and completed according to its instructions and hand-signed by the operator.

 (b)  The fee shall be paid for all solid waste, except process residue and nonprocessible waste from a resource recovery facility, that is received at the facility on and after October 26, 1988, including, but not limited to, residual waste, special handling wastes, waste tires and other solid wastes received at the landfill. The recycling fee does not apply to recyclable or reusable materials that are received or separated from other waste at a transfer, composting or processing facility associated with the landfill, and which are marketed in accordance with subsection (d).

 (c)  The fee shall be $2 per ton of weighed waste which is received at the landfill. If the facility is not required to weigh waste, the operator shall pay $2 per 3 cubic yards of volume-measured solid waste for solid waste received at a landfill or facility.

 (d)  The operator shall maintain complete and accurate records of the weight or volume of materials which are salvaged and recycled from mixed waste after it has been received at the landfill, the market where the materials were sent for recycling or reuse, the date the materials were sent to a market and the weight of materials actually marketed for recycling. The operator may deduct the weight of materials salvaged and recycled from the landfill from the weight of waste for which the fee payment is made, but only for the quarter in which the materials were actually marketed for recycling. These records shall be kept by the operator for 5 years for audit purposes, and shall be made available to the Department or its auditors, or both, on request.

 (a)  Environmental stewardship fee. The operator of a municipal waste landfill shall pay an environmental stewardship fee in the form of a check payable to the “Environmental Stewardship Fund” in accordance with 27 Pa.C.S. §  6112(b) (relating to extension of fees).

   (1)  The environmental stewardship fee shall be paid on a quarterly basis, on or before the 20th day of April, July, October and Janaury for the 3 months ending the last day of March, June, September and December, respectively.

   (2)  An environmental stewardship fee payment shall be accompanied by a form provided by the Department and completed according to its instructions and signed by the operator.

 (b)  Fee applies to solid waste. The fee shall be paid for solid waste received at the facility on and after January 1, 2000, including, but not limited to, residual waste, special handling wastes, waste tires, nonprocessible residue from resource recovery facilities and waste materials which are received at the facility. The fee does not apply to recyclable or reusable materials received or separated from other waste at a collection, transfer, composting or processing facility associated with the landfill.

 (c)  Amount. The fee shall be 25¢ per ton of weighed waste which is received at the landfill. If the facility is not required to weigh waste, the operator shall pay 25¢ per 3 cubic yards of volume-measured solid waste for solid waste received at the facility.

 (d)  Records required. The operator shall maintain complete and accurate records of the weight or volume of materials which are salvaged and recycled from mixed waste after it has been received at the landfill, the market where the materials were sent for recycling or reuse, the date the materials were marketed and the weight of materials actually marketed for recycling. The operator may deduct the weight of materials salvaged and recycled from the landfill from the weight of waste for which the fee payment is made, but only for the quarter in which the materials were actually marketed for recycling. These records shall be maintained by the operator for 5 years for audit purposes and shall be made available to the Department or its auditors, or both, upon request.

 (e)  Timeliness of payment. The operator shall be deemed to have made a timely payment of the environmental stewardship fee if the operator complies with the following:

   (1)  The enclosed payment is for the full amount owed pursuant to this section and no further Departmental action is required for collection.

   (2)  The payment is accompanied by the required form and the form is complete and accurate.

   (3)  The letter transmitting the payment that is received by the Department is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received.

 (f)  Refunds. An operator that believes he has overpaid the environmental stewardship fee may file a petition for refund to the Department. If the Department determines that the operator has overpaid the fee, the Department will credit or refund the operator the amount due him. No credit or refund of the environmental stewardship fee will be made unless the petition for the refund is filed with the Department within 6 months of the date of the overpayment.

 (g)  Assessment notices.

   (1)  If the Department determines that an operator has not made a timely payment of the environmental stewardship fee, it will send the operator a written notice of the amount of the deficiency within 30 days of determining such deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of solid waste received at the facility for the payment period, the Department may estimate the weight or volume in its notice.

   (2)  If any amount due hereunder remains unpaid 30 days after receipt of notice thereof, the Department may order the operator of the facility to cease receiving any solid waste until the amount of the deficiency is paid in full.

 (h)  Constructive trust. Environmental stewardship fees collected by an operator and held by the operator prior to payment to the Department shall constitute a trust fund for the Commonwealth. The trust shall be enforceable against the operator, its representatives and any person receiving any part of the fund without consideration or with knowledge that the operator is committing a breach of the trust. A person receiving payment of lawful obligation of the operator from the fund shall be presumed to have received it in good faith and without knowledge of the breach of trust.

   The provisions of this §  273.316 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 (226236) to (226237).

CLOSURE PROVISIONS

§ 273.321. Postclosure land use.

 (a)  The operator shall implement the closure plan approved by the Department under §  273.192 (relating to closure plan).

 (b)  At least 180 days before implementation of a closure plan, the operator shall review its approved closure plan to determine whether the plan requires modification, and shall submit proposed changes to the Department for approval under §  271.222 (relating to permit modification).

 (c)  If groundwater degradation exists at closure or occurs after closure, a person shall meet one of the following:

   (1)  Continue to implement an approved abatement plan.

   (2)  Submit an application for a closure plan modification in accordance with the procedures for a major permit modification. The operator shall select one or more remediation standards that will be met in accordance with the final closure certification requirements in §  271.342 (relating to final closure certification).

 (d)  An application for a closure plan modification shall include the following:

   (1)  Technical information and supporting documentation identifying the remediation activities that will be conducted to meet and maintain the remediation standards.

   (2)  If a remedy relies on access to or use of properties owned by third parties, for remediation or monitoring, documentation of cooperation or agreement.

 (e)  After closure, the Department may modify, in accordance with §  271.144 (relating to public notice and public hearings for permit modifications), the frequency of monitoring for a parameter for which quarterly monitoring is required under §  273.284 (relating to sampling and analysis) to a semi-annual frequency if the operator demonstrates the following:

   (1)  The parameter has not caused or contributed to groundwater degradation.

   (2)  Based upon the characteristics of the waste at the facility and the performance of the liner system, the parameter is unlikely to cause or contribute to groundwater degradation in the future.

 (f)  The Department may modify the frequency of monitoring for a parameter for which semi-annual monitoring was approved under subsection (e) to an annual basis if the results of semi-annual monitoring continue to demonstrate the following:

   (1)  The parameter has not caused or contributed to groundwater degradation.

   (2)  Based upon the characteristics of the waste at the facility and the performance of the liner system, the parameter is unlikely to cause or contribute to groundwater degradation in the future.

 (g)  The Department may reinstate the requirement of quarterly monitoring for any parameter monitored under subsection (e) or (f) if the Department has reason to believe that the parameter may cause or contribute to groundwater degradation.

   The provisions of this §  273.322 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226237) to (226238).

RECYCLING

§ 273.331. Salvaging of materials.

 (a)  After September 26, 1990, the operator shall salvage and recycle waste materials received at the facility for which recycling is cost effective, in accordance with the plan approved under §  273.196 (relating to recycling plan).

 (b)  Salvaging and recycling of materials may not be allowed or conducted unless salvaging and recycling is controlled by the operator to prevent interference with prompt and sanitary operations and is conducted to prevent a health hazard or nuisance.

 (c)  Salvaged materials shall be promptly moved from the unloading area and either stored in an approved area under Chapter 285 (relating to storage, collection and transportation of municipal waste) or transported offsite.

   The provisions of this §  273.331 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

 (a)  After September 26, 1990, a person or municipality may not operate a municipal waste landfill unless the operator has established at least one drop-off center for the collection and sale of at least three recyclable materials. The three materials shall be chosen from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastics.

 (b)  The center shall be located at the facility or in a place that is easily accessible to persons generating municipal waste that is processed or disposed at the facility.

 (c)  A drop-off center shall contain bins or containers where recyclable materials may be placed and temporarily stored. If the operation of the drop-off center requires attendants, the center shall be open at least 8 hours per week, including 4 hours during evenings or weekends.

 (d)  At least 30 days prior to the initiation of the drop-off center program and at least once every 6 months thereafter, the operator shall provide public notice of the availability of the drop-off center. The operator shall place an advertisement in a newspaper circulating in the municipality or provide notice in another manner approved by the Department in writing.

 (e)  On or before January 15 of each year, the operator shall inform the host municipality in writing, of the weight and type of materials that were recycled in the previous calendar year, so that the host municipality may comply with the requirements of section 304(f) of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.304(f)).

   The provisions of this §  273.332 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

   This section cited in 25 Pa. Code §  273.197 (relating to plan for recycled materials collection center); and 25 Pa. Code §  273.311 (relating to signs and markers).