Subchapter B. APPLICATION REQUIREMENTS

§ 283.101. General requirements.

 (a)  An application to operate a municipal waste processing facility under this chapter shall:

   (1)  Comply with this subchapter.

   (2)  Comply with the applicable requirements of Chapter 271 (relating to municipal waste management—general provisions).

 (b)  Maps, plans and cross sections submitted to comply with this subchapter shall be on a scale of 1 inch equals no more than 50 feet with 2-foot maximum contour intervals.

 An application shall contain:

   (1)  A narrative description of the general operating plan for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be processed at the facility, the process to be used at the facility, the daily operational methodology of the proposed process, the loading rate, the proposed capacity of the facility and the expected life of the facility.

   (2)  A plan for an alternative waste handling or disposal system during periods when the proposed facility is not in operation, including procedures to be followed in case of equipment breakdown. Procedures may include the use of standby equipment, extension of operating hours and contractual agreements for diversion of municipal waste to other facilities.

   (3)  An operational safety, fire prevention and emergency response plan that will adequately protect workers and patrons of the facility, prepared by an expert in the field of industrial hygiene and safety.

   (4)  A plan for assuring that solid waste received at the facility is consistent with §  283.201 (relating to basic limitations).

   (5)  A plan for training equipment operators and other personnel concerning the operation and approved design of the facility.

   (6)  The proposed operating hours of the proposed facility.

   (7)  A study that documents the short-term and long-term effects that the facility will have on the public and private water supply. The study shall include, but not be limited to, effects of pollution, contamination, diminution and alternative sources of water adequate in quantity and quality for the purposes served by the public and private water supply.

   (8)  An explanation of how the applicant intends to comply with §  283.214 (relating to measuring and inspection of waste).

   The provisions of this §  283.102 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226373).

 An application shall contain a topographic map of the proposed permit area and adjacent area, including necessary narrative descriptions, which show the following:

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

   (2)  The boundaries of the land to be affected over the estimated total life of the proposed operation.

   (3)  The location and name of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches that are located on the proposed permit area and adjacent area.

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

   (5)  The location of rights-of-way for high-tension power lines, pipelines, railroads and public and private roads within 300 feet of the proposed facility.

   (6)  The location of buildings currently in use within 300 feet of the proposed facility.

   (7)  The anticipated location of water quality monitoring points, if monitoring is required by the Department.

   (8)  The boundaries of land within the proposed permit area or adjacent area identified in §  283.202 (relating to areas where resource recovery facilities and other processing facilities are prohibited).

   (9)  The location of underground mine shafts on the permit area and the adjacent area.

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

   (11)  The location of the 100-year floodplain boundaries.

   (12)  The location of access roads to and within the proposed permit area, including slopes, grades and lengths of the roads.

   (13)  The location of barriers, fences and similar structures required by §  283.212 (relating to access control).

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

   (15)  The solid waste storage or loading/unloading areas.

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

   (17)  The location, size and use of buildings and related facilities which will be used in the operation, including their horizontal and vertical dimensions.

   (18)  The location of scales and weigh stations to be used in the operation.

   (19)  Utilities to be installed at the facility.

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

   The provisions of this §  283.103 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226374).

 The application shall contain a narrative description of:

   (1)  The sources, types and weight or volume of solid waste to be processed, including data on the moisture content of the waste, and information concerning special environmental pollution or handling problems that may be created by the solid waste.

   (2)  The methods to be used to control the flow of waste to the facility, including a flow chart with a materials balance depicting the processing of solid waste and mechanical components of the processing system.

   (3)  The interior dimensions of the tipping floor, storage area and, when applicable, ingress and egress thereto.

   (4)  The size, type, capacity and general specifications of equipment for the handling, processing and storage of the waste.

   (5)  The anticipated recovery rate of marketable materials or energy.

   (6)  The actual or expected physical and chemical composition of ash, residue or wash water produced by operation of the facility.

   (7)  The proposed location and method for disposal, storage or processing of ash, residue or wash water produced by operation of the facility.

   (8)  The plan for separation, storage and ultimate disposal of unmarketable waste generated by the process, including plans for the temporary storage of bulky waste.

   (9)  The minimum and maximum volume or weight of the types of material or solid waste to be stored prior to sale, reuse or disposal, and the minimum and maximum time that material or waste is to be stored.

   (10)  A plan for disposal or processing of waste if the facility or a processing line within the facility is closed or shut down.

   (11)  Utilities to be installed at the facility.

   (12)  Plans and designs for operating and maintaining the proposed facility to prevent fires, explosions, the emission of noxious or toxic gases and other emergencies.

   (13)  A plan for the repair or replacement of equipment in the event of equipment breakdown, including plans for obtaining spare parts.

 The application shall contain designs, cross sections and specifications for access roads, including load limits, to demonstrate compliance with §  283.213 (relating to access roads).

 (a)  The applicant shall submit a plan to manage surface water and control erosion during all phases of construction and operation at the facility. The plan shall be based on the requirements of §  283.232 (relating to soil erosion and sedimentation control), Chapter 102 (relating to erosion and sediment control) and other applicable State and Federal requirements. Calculations indicating water quantities shall be based on the 24-hour precipitation event in inches to be expected once in 25 years.

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

 (a)  If required by the Department, the applicant shall submit a groundwater monitoring plan to detect groundwater degradation from the facility.

 (b)  If required by the Department, the applicant shall submit a soil monitoring plan to detect soil contamination from the facility.

   The provisions of this §  283.107 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (266322).

 The application shall contain a plan under §  283.219 (relating to nuisance control) to prevent and control hazards or nuisances from vectors, odors, dust, noise and other nuisances not otherwise provided for in the permit application. The plan shall provide for the routine assessment of vector infestation and shall also provide for countermeasures. The plan may include a control program involving a contractual arrangement for services with an exterminator.

 The application shall contain a plan to comply with §  283.221 (relating to litter) to control litter.

 An application shall contain a contingency plan consistent with § §  283.251—283.253 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s most recent guidelines for the development and implementation of PPC plans.

 (a)  Application information.

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

     (i)   A new resource recovery facility.

     (ii)   Additional capacity for a resource recovery facility.

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

   (2)  This section does not apply to an applicant for a resource recovery facility financed by the host municipality or municipal authority. A copy of the relevant documents shall be included with the application if this exemption is sought.

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

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

   (2)  For the host municipalities:

     (i)   Identify the host municipalities.

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

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

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

   (3)  For the host counties:

     (i)   Identify the host counties.

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

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

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

   The provisions of this §  283.111 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

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

 (b)  An application shall contain the following:

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

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

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

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

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

   The provisions of this §  283.112 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 (226378) to (226379).

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

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

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

   The provisions of this §  283.113 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

 The application shall contain a proposed maximum daily volume for the facility, and a detailed justification for the volume, based on § §  271.126 and 271.127 (relating to requirement for environmental assessment; and environmental assessment).

   The provisions of this §  283.114 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

   This section cited in 25 Pa. Code §  284.310 (relating to application requirements).

RECYCLING

§ 283.121. Recycling plan.

 An application shall contain a plan for salvaging and recycling waste materials received at the facility for which recycling is cost effective, including proposed salvage areas, salvaging methods and anticipated markets for salvaged materials under §  283.281 (relating to salvaging of materials).

   The provisions of this §  283.121 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 (226379) to (226380).

 An application for a facility that will be receiving waste after September 26, 1990, including the expansion of an existing facility, shall include a plan consistent with §  283.282 (relating to recycled materials collection center).

   The provisions of this §  283.122 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

 (a)  An application for a facility that will be receiving waste after September 26, 1990, including the expansion of an existing facility, shall include a plan consistent with §  283.283 (relating to removal of hazardous materials). The plan shall include a screening and inspection program at the facility and one or more of the following methods of removing hazardous materials from the waste to be processed:

   (1)  Sponsorship by the operator of the household hazardous waste collection programs under Chapter 272, Subchapter F (relating to household hazardous waste collection, transportation and management).

   (2)  Municipal sponsorship of household hazardous waste collection programs under Chapter 272, Subchapter F.

 (b)  For purposes of this section, hazardous materials include plastics if appropriate, corrosive materials, batteries, pressurized cans and household hazardous waste.

   The provisions of this §  283.123 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (276359) to (276360).

   This section cited in 25 Pa. Code §  283.201 (relating to basic limitations); and 25 Pa. Code §  283.283 (relating to removal of hazardous materials).