Subchapter B. COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE

§ 285.201. Scope.

 A person or municipality that collects or transports municipal waste shall comply with § §  285.211—285.219 (relating to general provisions). A person or municipality that transports the types of municipal waste referred to in § §  284.512, 285.221 and 285.225 (relating to transportation of infectious and chemotherapeutic waste; general provisions transportation of ash residue from municipal waste incineration and from infectious or chemotherapeutic waste incineration; and transportation of residential septage) shall transport the waste under the applicable provisions of those sections.

   The provisions of this §  285.201 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 page (255090).

GENERAL PROVISIONS

§ 285.211. General requirements.

 (a)  Municipal waste, including ash residue from municipal waste incineration and infectious or chemotherapeutic waste incineration, shall be completely covered during transportation and parking with a cover that meets the following requirements. The cover shall:

   (1)  Be water resistant.

   (2)  Be securely fastened.

   (3)  Eliminate the potential for roadside littering, dust, leakage, discharge, attraction or harboring of vectors, or other nuisances.

 (b)  A person or municipality that collects or transports municipal waste may not mix the waste with:

   (1)  Hazardous waste regulated under Article VII (relating to hazardous waste management).

   (2)  Other solid waste to create a risk of fire or explosions, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.

   (3)  Special handling waste.

 (c)  A person or municipality that collects or transports source separated recyclable materials may not combine waste with the source separated recyclable materials in the collection or transportation vehicle.

   The provisions of this §  285.211 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (255090) and (226425).

 (a)  A person or municipality that is responsible for the collection of municipal waste shall make collection services available with sufficient frequency to prevent a nuisance or hazard to public health, safety or welfare.

 (b)  A person or municipality that generates municipal waste shall schedule collection of waste with sufficient frequency to prevent a nuisance.

 (c)  A person or municipality may not park a municipal waste collection or transportation vehicle to cause a nuisance or a hazard to public health, safety and welfare. A person or municipality may not allow a municipal waste collection or transportation vehicle to remain in a residential area for more than 4 hours.

   The provisions of this §  285.212 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; 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 page (226425).

 (a)  Equipment used to collect and transport municipal waste shall comply with the following, unless otherwise approved by the Department in writing:

   (1)  Collection and transportation equipment shall be:

     (i)   Equipped with a fire extinguisher having an Underwriters’ Laboratories rating of 5 B:C or more, or two fire extinguishers, each of which has an Underwriters’ Laboratories rating of 4 B:C or more. The fire extinguishers shall be:

       (A)   Labeled or marked with its Underwriters’ Laboratories rating.

       (B)   Securely mounted and readily accessible to the driver.

       (C)   Designed, constructed and maintained to permit visual determination of whether they are fully charged.

     (ii)   Cleaned as frequently as necessary to prevent odors, vectors and other nuisances.

     (iii)   Constructed to prevent the potential for littering, leakage, dust and the ingress or egress of vectors.

   (2)  Load compartments in collection and transportation equipment shall be:

     (i)   Fireproof, leakproof and constructed so as to be easily cleaned.

     (ii)   Constructed to provide easy access for the application of odor masking agents and for the performance of required maintenance.

     (iii)   Provided with drain plugs or valves at the lowest point.

 (b)  Roll-off containers shall be:

   (1)  Fireproof, leakproof and constructed to be easily cleaned.

   (2)  Cleaned as frequently as necessary to prevent odors, vectors and other nuisances.

   (3)  Constructed to prevent littering and the ingress or egress of vectors.

 (c)  Equipment used to transport municipal waste shall be tested, inspected and maintained by the operator to ensure that there is no release or leakage of waste during transportation.

   The provisions of this §  285.213 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 §  285.213 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 pages (170648) to (170649).

 (a)  Transportation equipment cleaning areas shall meet the following requirements:

   (1)  Drainage from equipment cleaning areas shall be managed to prevent surface water pollution or groundwater pollution.

   (2)  Drainage shall be discharged to a sanitary sewer system or other treatment facility.

   (3)  The surface of the equipment cleaning area shall be constructed of impervious material that can be easily cleaned and is well drained.

   (4)  Windborne drift of steam or atomized water shall be controlled.

 (b)  Loads in vehicles shall be secured in the following manner:

   (1)  Load of loose garbage. Every load of loose nonbaled municipal waste being transported through or within this Commonwealth shall be transported in a vehicle with four solid sides and with a cover or top of a type to prevent any of the load from escaping. The cover or top shall remain tightly in place going to a disposal site. The load shall be no higher than the solid sides of the vehicle. It is imperative that municipal waste be removed from the vehicle at the disposal site to prevent scattering of litter on the highway during the return trip. A truck, trailer or semitrailer with an open body or stake body may not be used for these purposes. This subsection does not apply to vehicles engaged in the systematic collection of garbage or refuse and which are designed to be open in the rear for the loading of municipal waste.

   (2)  Load of baled garbage. Municipal waste in a tightly compacted and baled form being transported through or within this Commonwealth shall be securely fastened to the vehicle and covered over exposed areas with a canvas cover or cover of a comparable type which shall be securely attached to the under sides of the sides of the truck, trailer or semitrailer to prevent material from the bales from escaping. No part of a bale may be uncovered, except for inspection, during transportation within or through this Commonwealth until arrival at the disposal site.

   The provisions of this §  285.214 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 (226426) and (239003).

 (a)  Municipal waste shall be transported to prevent a nuisance or hazard to public health, safety or welfare.

 (b)  No person or municipality may transport municipal waste to a solid waste processing or disposal facility in this Commonwealth, unless the facility has a permit from the Department that expressly allows processing or disposal of the type of municipal waste being transported.

 (c)  No person or municipality may transport municipal waste in a manner contrary to the terms and conditions of a permit, an order issued by the Department or requirements in the act, the environmental protection acts or this title.

 (a)  A person or municipality that generates or discharges municipal waste or other material as a result of an accident, spill or emergency shall notify the Department prior to the disposal of the waste.

 (b)  The Department may immediately approve emergency storage, transportation, processing or disposal methods necessary to mitigate harm to the public health, safety or the environment. Storage may be at the site of emergency at a permitted processing or disposal facility under §  285.117 (relating to emergency storage) or at a site approved by the Department.

 (c)  Compliance with this section does not relieve a person from liability, either criminal or civil, under the act, the environmental protection acts or this title.

   The provisions of this §  285.216 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (239004).

 (a)  General. A person or municipality that collects or transports municipal waste other than infectious and chemotherapeutic waste shall make and maintain an operational record each day that municipal waste is collected or transported, or both. The daily operational record shall be kept in the cab of each transportation vehicle on the date of collection or transportation. The record shall include the following;

   (1)  The county and state where the waste was originally collected.

   (2)  The name, mailing address and telephone number of the person or municipality collecting or transporting the waste.

   (3)  The name and location of a transfer facility that has received, or will receive, the waste.

   (4)  The name and location of the solid waste processing or disposal facility where the waste will be ultimately disposed or processed.

   (5)  The weight or volume of the types of municipal waste transported.

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

 (b)  The records required in subsection (a) shall be made available to the Department upon request and shall be retained for at least 5 years.

   The provisions of this §  285.217 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; 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 (239004) to (239005).

 A vehicle or conveyance that is ordinarily or primarily used for the transportation of solid waste shall bear a sign that meets the following:

   (1)  The sign shall include the name and business address of the person or municipality that owns the vehicle or conveyance.

     (i)   The name shall be the actually and commonly recognized name of the person or municipality. Abbreviations or acronyms are permissible if they do not obscure the meaning.

     (ii)   The address shall include the city, state and five digit zip code for the principal place of business for the person or municipality.

   (2)  The sign shall include the specific type of solid waste transported by the vehicle or conveyance.

     (i)   Infectious or chemotherapeutic waste shall be designated: Infectious/Chemotherapeutic Waste.

     (ii)   Other municipal waste shall be designated: Municipal Waste.

     (iii)   Residual waste shall be designated: Residual Waste.

     (iv)   Mixed municipal and residual waste shall be designated: Municipal/Residual Waste.

   (3)  The sign shall have lettering that is 6 inches in height. The lettering shall be placed on the roll-off box or trailer. If available space for lettering on the trailer or roll-off box is so limited that all letters cannot be 6 inches in height, the lettering shall be as close to 6 inches as possible. The required information shall be clearly visible and easily readable.

   (4)  The sign may be permanent or detachable.

   The provisions of this §  285.218 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

 (a)  A person or municipality may not transport, or knowingly provide a vehicle for the transportation of, a food product or produce intended for human or livestock consumption, in a vehicle which has been used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.

 (b)  A person or municipality may not knowingly accept a food product or produce from, or provide a food product or produce to, a vehicle used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.

 (c)  As used in this section, the following words and phrases have the following meaning:

   (1)  Food product or produce—A raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.

   (2)  In bulk—Not divided into parts or packaged in separate units.

   (3)  Chemical or liquid—The term includes any chemical or liquid, including any pesticide or herbicide regardless of its use or intended use. The term does not include the following:

     (i)   A chemical or liquid food product or produce.

     (ii)   A chemical or liquid being transported for use directly in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquicultural crops and commodites.

     (iii)   A chemical or liquid being transported for use as an ingredient in a product used in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquicultural crops and commodities.

   The provisions of this §  285.219 amended under section 105(a) of the Solid Waste Management Act (35 P. S. § §  6018.105(a); sections 5(b) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b) and 691.402); section 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.301); section 104(a) of the Land Recycling and Environmental Remediation Standards Act (35 P. S. §  6026.104(a)); sections 2(b) and 4(b) of the Infectious and Chemotherapeutic Waste Law (35 P. S. § §  6019.2(b) and 6019.4(b)); sections 1905-A, 1917-A, 1920-A and 1937-A of The Administrative Code of 1929 (71 P. S. § §  510-5, 510-17, 510-20 and 510-37); section 207 of the Small Business and Household Pollution Prevention Program Act (35 P. S. §  6029.207); section 15(a) of the act of November 26, 1997 (P. L. 530, No. 57); Environmental Stewardship and Watershed Protection Act, 27 Pa.C.S. §  6105(g); sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302); and section 4909(e) of the Vehicle Code, 75 Pa.C.S. §  4909(e).

   The provisions of this §  285.219 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (239006).

   This section cited in 25 Pa. Code §  284.501 (relating to scope); 25 Pa. Code §  285.201 (relating to scope); and 25 Pa. Code §  299.201 (relating to scope).

TYPES OF WASTE

§ 285.221. Transportation of ash residue from municipal waste
incineration and from infectious or chemotherapeutic waste
incineration.

 (a)  Ash residue from municipal waste incineration and from infectious or chemotherapeutic waste incineration shall be wetted immediately prior to loading, and shall remain wetted during transportation and unloading at a municipal waste landfill, to prevent the dispersal of ash residue.

 (b)  Ash residue from infectious or chemotherapeutic waste incineration shall be transported in an enclosed or covered vehicle to prevent dispersal of the residue.

 (c)  A transporter shall transport separately each generator’s ash residue from infectious or chemotherapeutic waste.

 (d)  A transporter may transport ash residue from an infectious or chemotherapeutic waste incinerator that is commingled with other municipal waste if the commingled waste is from one generator and the waste is transported separately from another generator’s waste.

   The provisions of this §  285.221 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 pages (170650) to (170651).

 (a)  By July 25, 1997, or upon beginning operations, whichever occurs later, a person or municipality that transports residential septage shall notify the Department that the person or municipality transports residential septage. The notification shall:

   (1)  Be prepared on a form provided by the Department.

   (2)  State the name, address and telephone number of the transporter.

   (3)  State the name, address and telephone number of a person who will act as a contact with the Department.

 (b)  Upon receipt of the notification, the Department will issue a transporter number to the person or municipality transporting residential septage.

 (c)  The number provided to the transporter under subsection (b) shall be displayed on the sides and rear of each vehicle the transporter uses to transport the residential septage, in numbers at least 3 inches high in a color contrasting to the background.

   The provisions of this §  285.225 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521.

   This section cited in 25 Pa. Code §  271.413 (relating to assessment of penalties—minimum penalties); and 25 Pa. Code §  285.201 (relating to scope).