Subchapter A. STORAGE OF MUNICIPAL WASTE

§ 285.101. Scope.

 (a)  A person or municipality that stores municipal waste shall comply with § §  285.111—285.117 (relating to general).

 (b)  In addition to the requirements of subsection (a):

   (1)  A person or municipality that stores municipal waste in the manner identified in § §  285.121—285.124 (relating to types of storage) shall store the waste under the applicable provisions of those sections.

   (2)  A person or municipality that stores the type of municipal waste referred to in § §  285.131 and 285.134 (relating to additional requirements for certain types of waste) shall store the waste under the applicable provisions of those sections.

   The provisions of this §  285.101 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (250860) and (255087).

GENERAL

§ 285.111. General requirements.

 A person or municipality that stores municipal waste may not do the following:

   (1)  Mix the waste with hazardous waste that is regulated under Article VII (relating to hazardous waste management).

   (2)  Mix the waste with, or store the waste in close proximity to, other solid waste to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.

   (3)  Mix the waste with special handling waste.

   (4)  Allow waste or constituents of waste to be blown or otherwise deposited outside of the storage area.

   The provisions of this §  285.111 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (255087).

 (a)  A person or municipality storing municipal waste shall employ best engineering design and construction practices for all phases of construction and operation.

 (b)  A person or municipality may not store municipal waste in a manner that exceeds the design capacity of the storage facility.

 (c)  The Department may require a person or municipality to install a water quality monitoring system in accordance with § §  273.281—273.285 if storage of the waste has the potential to cause groundwater degradation. In all cases, a groundwater monitoring system is required for sewage sludge storage impoundments constructed after January 25, 1997, and leachate storage impoundments under §  285.123 (relating to impoundments—general).

 (d)  A person or municipality storing municipal waste shall routinely inspect the facility, its equipment and the surrounding area for evidence of failure and shall immediately take necessary corrective actions. The person or municipality shall maintain records of inspections and corrective actions that were taken, and shall make the records available to the Department upon request.

 (e)  A person or municipality may not store putrescible waste in piles, except for sewage sludge that has been stabilized, dried to 20% or greater solids content by weight, and stored under this chapter.

   The provisions of this §  285.112 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (255087).

 (a)  A person or municipality may not store municipal waste for more than 1 year unless:

   (1)  For waste that is recyclable or resalable, the Department has approved, in writing, a longer period, prior to the end of 1 year of storage based on a rate of recycling or resale of stored waste that is reasonably proportional to the rate of accumulation for storage.

   (2)  For other municipal waste, the Department has approved, in writing, a longer period prior to the end of 1 year of storage.

 (b)  The Department will presume that a person or municipality storing municipal waste contrary to the provisions of subsection (a) is operating a municipal waste disposal facility and is subject to the applicable requirements of the act and regulations thereunder for municipal waste disposal.

 (c)  A person or municipality that stores municipal waste shall maintain accurate operational records that are sufficiently detailed to clearly and convincingly demonstrate to the Department that municipal waste is being stored under subsection (a). The records shall be made available to the Department upon request. The presumption in subsection (b) may be overcome by the operational records required by this subsection.

 (d)  Nothing in this section supersedes a regulation, permit condition or other requirement providing for a storage period of less than 1 year.

   Since the property owner never obtained authorization to store waste tires on his property and more than 1 year had passed since the tires were placed on the property, he was unlawfully operating a storage facility even though the tires were there less than 1 year before the date he was first cited. Booher v. Department of Environmental Resources, 612 A.2d 1098 (Pa. Cmwlth. 1992).

 (a)  A person or municipality that stores municipal waste shall maintain at the storage facility equipment necessary for the storage of municipal waste under this subchapter. The equipment shall be maintained in an operable condition.

 (b)  Standby equipment shall be located onsite or at a place where it can be available within 24 hours. If a breakdown of the equipment occurs, the person or municipality that stores municipal waste shall utilize standby equipment as necessary to comply with the act and regulations thereunder.

 (c)  Equipment shall be operated and maintained to prevent solid waste from being unintentionally conveyed out of the storage area.

 (d)  Equipment used to handle putrescible solid waste with which operations personnel are in direct contact shall be cleaned at the end of each working day or every 24 hours. Other equipment shall be cleaned based on scheduled or emergency maintenance periods.

 (a)  A person or municipality that stores municipal waste shall:

   (1)  Eliminate conditions conducive to the harborage, breeding or attraction of vectors.

   (2)  Take other measures necessary to minimize and control the presence of vectors.

   (3)  If vectors are present, immediately take measures necessary to exterminate them.

 (b)  A person or municipality storing municipal waste shall also minimize and control conditions not otherwise prohibited by this subchapter that are harmful to the public health, public safety or the environment, or which create safety hazards, odors, dust, unsightliness or other public nuisances.

   The provisions of this §  285.115 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226411).

 (a)  Surface water runoff from storage areas shall be minimized. Collection of surface water runoff shall be managed in accordance with The Clean Streams Law (35 P. S.. § §  691.1—691.1001) and the regulations promulgated thereunder.

 (b)  Surface water run-on to storage areas shall be minimized.

 (c)  Waste may not be stored in a manner that causes groundwater degradation.

   The provisions of this §  285.116 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

 Notwithstanding a provision of this article or term or condition of a permit for a solid waste processing or disposal facility, the Department may allow the storage of municipal waste at a permitted facility if the following conditions are met:

   (1)  The waste was created, spilled or released during or as a result of an emergency. The waste may also be created as a result of adverse effects on groundwater from a solid waste management facility, materials storage tank or similar source.

   (2)  The permitted facility includes the following:

     (i)   A designated waste storage area.

     (ii)   An approved storage and handling plan that will allow storage of the waste without any adverse effect on public health, safety, welfare or the environment.

     (iii)   Plans for prompt removal of the waste and disposal or processing at another permitted facility if the Department denies the application for permit modification under paragraph (3).

   (3)  Within 5 working days after storage begins, the Department has received an application for permit modification under §  271.222 (relating to permit modification) to allow the disposal or processing of the waste at the facility.

   The provisions of this §  285.117 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

   This section cited in 25 Pa. Code §  285.101 (relating to scope); and 25 Pa. Code §  285.216 (relating to wastes from accidents and spills).

TYPES OF STORAGE

§ 285.121. Containers.

 (a)  A person or municipality storing municipal waste shall provide a sufficient number of containers to prevent leaks, odors and vector attraction and to contain solid waste generated during periods between regularly scheduled collections.

 (b)  An individual container or bulk container used for the storage of municipal waste shall have the following characteristics:

   (1)  The container shall be constructed to be easily handled for collection.

   (2)  The container shall be constructed of rust resistant and corrosion resistant materials.

   (3)  The container shall be equipped with a tight fitting lid or cover, or otherwise sealed.

   (4)  The container shall be watertight, leak proof, insect proof and rodent proof.

   (5)  The container shall be clearly labeled as “municipal waste” or a specific type of municipal waste.

 (c)  A person or municipality that stores municipal waste outside of containers shall tie the wastes securely in bundles of a size that can be readily handled for collection, and in a manner that minimizes litter, safety hazards and fire hazards.

   The provisions of this §  285.121 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226411) to (226412).

 (a)  Municipal waste storage tanks shall have sufficient shell strength to ensure that they do not collapse or rupture. Municipal waste may not be placed in a tank if the waste could cause the tank or its inner liner to rupture, leak, corrode or otherwise fail.

 (b)  A person or municipality that stores municipal waste in a tank shall inspect the tank during construction or installation for uniformity, damage and imperfections.

 (c)  If there is evidence of failure of a municipal waste storage tank, the tank shall be immediately removed from service. A tank may not be restored to service unless it has been repaired. The repairs shall be supervised by a registered professional engineer and certified, in writing, to the Department, unless otherwise approved by the Department.

 (d)  A person or municipality that maintains an uncovered municipal waste storage tank shall provide at least 2 feet of freeboard unless the tank is equipped with one of the following:

   (1)  A secondary containment system.

   (2)  An automatic feed cutoff system or an overflow warning system and an overflow device to a standby tank with a capacity equal to or exceeding the volume of the top 2 feet of the uncovered tank.

 (e)  Subsurface tanks used for liquid waste storage shall be hydrostatically tested annually and when there is evidence of a leak. Other methods of tank testing may be approved by the Department, in writing.

 (f)  A person or municipality that stores liquid municipal waste in aboveground tanks or partially aboveground tanks shall build and maintain a containment structure which is designed and located so that it is capable of holding a volume that does the following:

   (1)  Equals or exceeds the largest aboveground tank volume.

   (2)  Has reasonable allowance for precipitation based on local weather conditions.

 (g)  A person or municipality storing municipal waste in an enclosed tank utilizing a continuous or direct-feed mechanism shall maintain an automatic feed cutoff system or an overflow warning system.

 A person or municipality storing municipal waste in a surface impoundment shall:

   (1)  Comply with Chapter 105 (relating to dam safety and waterway management).

   (2)  Design and maintain the impoundment to prevent the dispersal of municipal waste by wind and water erosion, and to prevent odors.

   (3)  Design and maintain sufficient freeboard to prevent overtopping. There shall be at least 2 feet of freeboard unless otherwise approved by the Department, in writing.

   (4)  Construct and maintain a protective cover sufficient to minimize wind and water erosion and preserve structural integrity, including, but not limited to, suitable vegetation, rock riprap or nonerodible material.

   (5)  Design and maintain sufficient structural integrity to prevent failure.

   (6)  Design and maintain dikes or berms so that the outside slope does not exceed 33% unless otherwise approved by the Department, in writing.

   (7)  Design and maintain structures around impoundments sufficient to prevent surface runoff from entering the impoundment, based on the maximum surface runoff from a 25-year, 24-hour precipitation event.

   (8)  Design and maintain dikes or berms to be free of burrowing mammals and plants with root systems capable of displacing earthen materials upon which the structural integrity of the dikes or berms is dependent.

   (9)  For leachate storage:

     (i)   Install and maintain a liner that meets the requirements of Chapter 273 (relating to municipal waste landfills).

     (ii)   Design, install and operate a groundwater monitoring system that meets the requirements of Chapter 273.

   (10)  For sewage sludge storage impoundments constructed after January 25, 1997:

     (i)   Install and maintain a liner system that meets the requirements of § §  273.253—273.257, unless otherwise approved by the Department in a permit.

     (ii)   Install and operate a groundwater monitoring system that meets the requirements in § §  273.281—273.288 (relating to water quality monitoring), unless otherwise approved by the Department in a permit.

   The provisions of this §  285.123 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (176657).

 (a)  If a surface impoundment fails, the person or municipality storing municipal waste shall immediately:

   (1)  Stop adding waste to the impoundment.

   (2)  Contain a discharge that has occurred or is occurring.

   (3)  Empty the impoundment in a manner approved by the Department if leaks cannot be stopped.

   (4)  Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.

 (b)  A surface impoundment that has been removed from service due to failure may not be restored to service unless the following requirements are met:

   (1)  The impoundment has been repaired.

   (2)  The repair has been certified to the Department, in writing, by a registered professional engineer.

   (3)  The Department has approved, in writing, the restoration of the impoundment to service.

 (c)  If a storage impoundment fails and the impoundment or surrounding area cannot be cleaned up in a manner that will protect public health, safety and the environment and that is satisfactory to the Department, the operator shall submit a closure plan to the Department that meets one of the following and, upon Department approval, implement the closure plan:

   (1)  Removal of waste.

     (i)   The closure plan provides for removal of the waste and structures or other materials which contain or are contaminated with solid waste.

     (ii)   The closure plan provides for the processing or disposal of the waste and material under the environmental protection acts and this title.

     (iii)   If required by the Department, the closure plan includes a soil and groundwater monitoring plan to assess the impact of the failure on groundwater consistent with §  273.286 (relating to groundwater assessment plan).

     (iv)   If the groundwater assessment shows the presence of groundwater degradation at one of the monitoring wells, the operator shall comply with §  273.287 (relating to abatement plan).

   (2)  Waste remaining in place. If the closure plan provides for leaving the waste in place, the operator shall comply with §  271.113 (relating to closure plan).

   The provisions of this §  285.124 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226414).

   This section cited in 25 Pa. Code §  273.275 (relating to leachate collection and storage); 25 Pa. Code §  277.275 (relating to leachate collection and storage); and 25 Pa. Code §  285.101 (relating to scope).

ADDITIONAL REQUIREMENTS FOR CERTAIN
TYPES OF WASTE

§ 285.131. Storage and containment of ash residue from municipal waste incineration, including from infectious or chemotherapeutic waste incineration.

 (a)  Ash residue from municipal waste incineration, including from infectious or chemotherapeutic waste incineration, shall be stored in accordance with the following:

   (1)  In an enclosed container, which may include a properly tarped container, or in an enclosed area, which may include an adequately ventilated building.

   (2)  On a pad that is no more permeable than 1 x 10^-7 cm./sec.

   (3)  To prevent the release, dispersal or discharge of ash residue into the air, water or onto land.

 (b)  Ash residue from an infectious or chemotherapeutic waste incinerator may be commingled with other municipal waste if the commingled waste is from one generator and if storage of the commingled waste is in accordance with subsection (a).

   The provisions of this §  285.131 amended under the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003); The Clean Streams Law (35 P. S. § §  691.1—691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-5, 510-17 and 510-20); the act of July 13, 1988 (P. L. 525, No. 93) (35 P. S. § §  6019.1—6019.6); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § §  4000.101—4000.1904).

   The provisions of this §  285.131 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185. Immediately preceding text appears at serial page (126422).

 A person or municipality storing sewage sludge in a pile shall:

   (1)  Store the sludge under a permit issued by the Department.

   (2)  Design, install and maintain berms around the storage area and other structures or facilities to collect and, when necessary, treat runoff or leachate from the storage area.

   (3)  Not store sewage sludge in an area where the land application of sewage sludge is prohibited by § §  275.202 and 275.312(3) (relating to areas where the land application of sewage sludge is prohibited; and site characteristics).

   (4)  Not store sewage sludge for more than 1 week unless approved by the Department in writing.

   (5)  Not store sewage sludge on slopes greater than 3% unless approved by the Department in writing.

   This section cited in 25 Pa. Code §  285.101 (relating to scope).

ADDITIONAL REQUIREMENTS FOR INFECTIOUS AND
CHEMOTHERAPEUTIC WASTE

§ § 285.141—285.145. [Reserved].

   The provisions of this §  285.148 adopted August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; reserved and renumbered December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (228346) and (255089).