Subchapter G. DEMONSTRATION FACILITIES

 This subchapter applies to applications for residual waste processing or disposal facilities or parts of facilities, that are based on a new or unique technology for processing or disposing of residual waste. For purposes of this subchapter, a technology is new or unique if it has not previously been demonstrated in this Commonwealth or another comparable area. The Department may approve in writing, as a permit modification, the demonstration of new or unique technology for the processing or disposal of residual waste at permitted residual waste processing or disposal facilities provided the requirements of this subchapter are met.

 (a)  An operation that is approved under this subchapter is subject to this article.

 (b)  The Department may waive or modify any application and operating requirements in this article. The Department will not waive or modify subchapter A, § §  287.124, 287.125, 287.151 and 287.128, Subchapter E or Subchapter F.

 In addition to applicable application requirements set forth in this article, each application for a demonstration facility permit shall include the following:

   (1)  An economic analysis indicating benefits to the Commonwealth and the applicant from the proposed facility, including an economic analysis of the benefits of alternative methods of processing or disposal.

   (2)  A technical analysis of the proposed facility in comparison to the existing state-of-the-art for processing or disposal of the waste that will be received by the facility.

   (3)  A complete operational plan, including design details and a timetable for completing various phases of the facility from initiation of construction to completion of the project.

   (4)  An evaluation of the anticipated contribution of the facility to the field of solid waste management.

   (5)  An evaluation of the potential applicability to the Commonwealth of the technology to be demonstrated.

   (6)  A demonstration that the applicant has the financial ability to remove the facility and clean up the affected area in the event of pollution.

   (7)  A plan for corrective action utilizing conventional technology in the event of pollution.

   (8)  A statement of the optimal size and capacity for a facility using the proposed technology.

   (9)  A plan for assessing the effectiveness and environmental effect of the proposed facility.

 In addition to applicable operating requirements set forth in this article, each person or municipality that operates a demonstration facility shall comply with the following:

   (1)  The facility may not be larger than the area needed to adequately test the new or unique technology.

   (2)  Waste may not be processed or disposed at the facility after 2 years from the initial processing or disposal of waste at the facility, unless a different period is stated in the permit. The permittee may request permit renewal under §  287.223 (relating to permit renewal).

   (3)  The operator shall submit periodic reports to the Department concerning the effectiveness and environmental effect of the facility.

   (4)  The permittee shall immediately cease operations and begin clean up and removal actions if the Department determines that the facility is causing or likely to cause harm to public health, safety, welfare or to the environment.

   (5)  Within 90 days from the expiration of the term of the permit, the permittee shall submit to the Department an analysis of the effectiveness of the technology, taking into consideration the factor set forth in §  287.503 (relating to application requirements).

   (6)  If Chapter 288, 289, 291, 293, 295, 297 or 299 is not clearly applicable to the facility, the permittee shall annually submit to the Department a nonrefundable permit administration fee of an amount set forth in the approved permit, but not more than $1,800, in the form of a check payable to the ‘‘Commonwealth of Pennsylvania.’’ The fee will be based on the administrative costs of the Department under section 104 of the act (35 P. S. §  6018.104(8)).

   The provisions of this §  287.504 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226563) to (226564).

 (a)  The Department will review the analysis submitted under §  287.504(4) (relating to operating requirements) and other relevant data to determine whether the facility satisfactorily achieved its objectives and whether the facility adequately protected public health, safety, welfare and the environment.

 (b)  If the Department determines that the facility adequately achieved its objectives and satisfactorily protected public health, safety, welfare and the environment, the Department subsequently may grant a permit for the technology under this article without reference to this subchapter.