§ 287.601. Scope.

 (a)  This subchapter sets forth requirements for the processing and beneficial use of residual waste, including coal ash, and sets forth requirements for certain beneficial uses of coal ash. Sections  287.611, 287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651 and 287.652 establish procedures and standards for general permits for the beneficial use or processing of residual waste other than certain uses of coal ash, and § §  287.661—287.666 (relating to beneficial use of coal ash) establish procedures and standards for certain beneficial uses of coal ash.

 (b)  An operation that is approved by or under this subchapter does not require an individual processing or disposal permit under this article. The requirements of Chapter 287, Subchapters A—G and Chapters 288, 289, 291, 293, 295, 297 and 299 are applicable to the extent required in §  287.632 (relating to waiver and modification of requirements).

   The provisions of this §  287.601 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199702) to (199703).

   This section cited in 25 Pa. Code §  287.612 (relating to nature of a general permit; substitution for individual applications and permits).

GENERAL PERMITS FOR PROCESSING OR BENEFICIAL USE,
OR BOTH, OF RESIDUAL WASTE OTHER THAN CERTAIN
USES OF COAL ASH AUTHORIZATION AND LIMITATIONS

§ 287.611. Authorization for general permit.

 (a)  In accordance with § §  287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651 and 287.652 and this section, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of residual waste when the following are met:

   (1)  The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical character and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend shall be consistently reproduced with the same physical character and chemical composition.

   (2)  The wastes included in the category are proposed for the same or substantially similar beneficial use or processing operations.

   (3)  The activities in the category can be adequately regulated utilizing standardized conditions without harming or presenting a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.

 (b)  The Department may issue a general permit upon its own motion under §  287.625 (relating to Department initiated general permits) or upon an application from a person or municipality under § §  287.621—287.624.

 (c)  The Department may modify, suspend, revoke or reissue general permits or coverage under a general permit under this subchapter as it deems necessary to prevent harm or threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.

 (d)  The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under Article VIII (relating to municipal waste) or this article, whichever the Department determines appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportion of municipal and residual waste. The requirements in this subchapter that apply to residual waste also apply to municipal waste when mixed with residual waste. A general permit for processing or beneficial use of combinations of sewage sludge and residual waste will be issued only under Chapter 271, Subchapter I (relating to beneficial use).

 (e)  The Department will not issue a general permit for the following:

   (1)  A residual waste disposal impoundment.

   (2)  A residual waste landfill, a valley fill or other fill.

   (3)  The use of residual waste to fill open pits from coal or noncoal mining except for coal ash mixed with residual waste when the use does not present a safety hazard, will improve the overall quality of the area, is limited to the filling to natural contours of the land and does not present a threat to public health or the environment.

   (4)  The use of residual waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste. A general permit may be issued for the beneficial use of waste as a construction material.

   (5)  The placement of waste oil or asbestos-containing waste on roads in this Commonwealth.

   (6)  Surface land disposal activities.

   (7)  The use of residual waste for construction or operations at a disposal facility.

 (f)  The Department may issue a general permit on a regional or Statewide basis for a category of processing when processing is necessary to prepare a residual waste for beneficial use, or for a category of beneficial use, or both, for coal ash mixed with other residual waste.

 (g)  The Department may issue a general permit on a regional or Statewide basis for the use, as construction material, of soil and other materials that do not meet the clean fill criteria.

   The provisions of this §  287.611 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (244318) and (226567).

 (a)  When the Department issues a general permit for a specified category of beneficial use or processing of residual waste on either a regional or Statewide basis, persons or municipalities who intend to beneficially use or process residual waste in accordance with the terms and conditions of the general permit and this subchapter may do so without filing an individual application for, and first obtaining, an individual permit, if the persons or municipalities comply with § §  287.601, 287.611, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651, 287.652 and this section.

 (b)  The use of an applicable general permit for the beneficial use or processing of residual waste shall satisfy the permit requirements set forth in §  287.101 (relating to general requirements for permit) if the following are met:

   (1)  The beneficial use or processing activities are conducted in accordance with the terms and conditions of the applicable general permit.

   (2)  The person or municipality conducting the beneficial use or processing activities is authorized to operate under the applicable general permit in accordance with §  287.641 (relating to inclusion in a general permit).

 (c)  Notwithstanding subsections (a) and (b), the Department may require a person or municipality authorized by a general permit to apply for, and obtain, an individual permit when the person or municipality is not in compliance with the conditions of the general permit or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.

   This section cited in 25 Pa. Code §  287.421 (relating to administrative inspections); 25 Pa. Code §  287.601 (relating to scope); 25 Pa. Code §  287.611 (relating to authorization for general permit); 25 Pa. Code §  287.624 (relating to approval or denial of an application); and 25 Pa. Code §  297.1 (relating to scope).

ISSUANCE OF GENERAL PERMITS

§ 287.621. Application for general permit.

 (a)  A person or municipality may apply to the Department for the issuance of a general permit for a category of beneficial use of residual waste or for a category of processing of residual waste, where processing is necessary to prepare the waste for beneficial use.

 (b)  An application for the issuance of a general permit shall be submitted on a form prepared by the Department and shall contain the following:

   (1)  A description of the type of residual waste to be covered by the general permit, including physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of §  287.132 (relating to chemical analysis of waste) for a sufficient number of samples of residual waste in the waste type to accurately represent the range of physical and chemical characteristics of the waste type.

   (2)  A description of the proposed type of beneficial use or processing activity to be covered by the general permit.

   (3)  A detailed narrative and schematic diagram of the production or manufacturing process from which the waste to be covered by the general permit is generated.

   (4)  For beneficial use general permits, proposed concentration limits for contaminants in the waste which is to be beneficially used, and a rationale for those limits.

   (5)  For general permits that involve beneficial use of a processed or unprocessed waste, a detailed demonstration of the efficacy of the waste for the proposed beneficial use, which shall include:

     (i)   If the waste is to be used as a substitute for a commercial product, a demonstration that the waste is capable of performing the desired functions of the commercial product, and that the waste meets or exceeds all applicable ASTM, Department of Transportation or other applicable National, state, local or industry standards or specifications for the material for which the waste is being substituted.

     (ii)   If the waste is to be used as a raw material for a product with commercial value, a demonstration that the waste will contribute significant properties or materials to the end product, and that the waste meets or exceeds all applicable ASTM, Department of Transportation or other applicable National, state, local or industry standards or specifications for the material for which the waste is being substituted.

     (iii)   If the waste is to be used in general roadway application or highway construction, a demonstration that approval has been granted by the Department of Transportation Product Evaluation Board, if applicable, for the use of the waste for the intended application.

     (iv)   If the waste is to be used as a construction material, soil substitute, soil additive or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the residual waste. The evaluation shall identify the particular constituents of the waste which present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through groundwater, surface water, air and the food chain. The Department may waive or modify this requirement in writing.

     (v)   If the waste is to be used without reclamation as a construction material, soil additive, soil substitute or antiskid material or is to be otherwise placed directly onto the land, a demonstration that the residual waste to be beneficially used meets, at a minimum, the requirements of §  288.623(a) (relating to minimum requirements for acceptable waste). The Department may waive the requirements of §  288.623(a) that relate to secondary MCLs for this demonstration. The Department may waive or modify this provision for the use of oil and gas brines for road stabilization.

     (vi)   If the waste is to be used as a construction material, a description of the construction activities and detailed timelines for the prompt completion of the construction activities.

   (6)  If residual wastes are blended for use, a demonstration that each waste results in a beneficial contribution to the use of the mixed waste and that the consistency of the blend will be maintained. The applicant shall specify the quantities and proportions of all materials included in the blended waste and the mixture shall meet appropriate standards for use.

 (c)  An application for the issuance of a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $2,000.

 (d)  The Department will not waive the bonding and public liability insurance requirements in Subchapter E (relating to bonding and insurance requirements) for waste tire operations, waste oil operations and contaminated soil operations, and for other general permit activities if the waste managed is potentially harmful or large quantities of waste are stored.

 (e)  An applicant for a general permit shall provide written notice to each municipality in which the applicant intends to operate, if a location is known, under a general permit. Proof of this notice, including a copy of the notice and a certified or registered mail returned receipt, shall be submitted to the Department. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.

   The provisions of this §  287.621 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226568) to (226570).

 (a)  After receipt of an application for the issuance of a general permit, or an application for a determination of applicability under §  287.642 (relating to determination of applicability), the Department will determine whether the application is administratively complete. For purposes of this subchapter, an application is administratively complete if it contains the necessary analyses, fees, documents and information, regardless of whether the analyses, fees, documents and information would be sufficient for the issuance of the permit, or the determination of applicability.

 (b)  If the application is not administratively complete, the Department will, within 60 days of receipt of the application, return it to the applicant, along with a written statement of the specific analyses, fees, documents or information that is required to make the application administratively complete.

 (c)  The Department will deny the incomplete application if the applicant fails to provide the analyses, fees, documents or information within 90 days of receipt of the notice in subsection (b).

   The provisions of this §  287.622 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199706) to (199707).

 (a)  The Department will publish notice of receipt of an application for a general permit in the Pennsylvania Bulletin when the Department determines that the application is administratively complete.

 (b)  The notice shall include:

   (1)  A brief description of the category of waste and the category of beneficial use or processing of residual waste which is identified in the application.

   (2)  The Departmental address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the application for the general permit.

   (3)  A brief description of the procedures for public comment on the general permit application in accordance with this subchapter.

   (4)  A statement that interested persons or municipalities may submit comments to the Department within 60 days of the publication of the notice, and may recommend conditions upon, revisions to, approval or disapproval of the general permit application.

 (c)  The Department may hold a public meeting or public hearing on the application for a general permit.

 (d)  The Department will approve or deny an application for a general permit within 6 months from the last day of the comment period established in subsection (b). Failure by the Department to comply with this timetable will not be construed to constitute grounds for issuance of a general permit.

 (e)  Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit.

   The provisions of this §  287.623 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199707) to (199708).

 The Department may not issue a general permit for a category of beneficial use or processing of residual waste unless the applicant has affirmatively demonstrated the following:

   (1)  The application for the general permit is accurate and complete and the requirements of § §  287.611, 287.612, 287.621—287.625, 287.631, 287.632, 287.641—287.644, 287.651 and 287.652 have been complied with.

   (2)  The proposed beneficial use or processing activities will be conducted in a manner that will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth through exposure to constituents of the waste during the proposed beneficial use or processing activities and afterwards. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.

   (3)  For beneficial use general permits, the physical character and chemical composition of the residual waste which is proposed to be covered by the general permit contributes to the proposed beneficial use, and the physical character and chemical composition of the residual waste does not interfere with the proposed beneficial use.

 (a)  The Department may issue or modify a general permit for a category of beneficial use or processing of residual waste upon its own motion in accordance with this section.

 (b)  At least 60 days prior to the issuance or modification of a general permit under this section, the Department will publish a notice in the Pennsylvania Bulletin of intent to issue or modify a general permit under this section.

 (c)  The notice required by subsection (b) shall include the following:

   (1)  A clear and specific description of the category of waste and the category of beneficial use or processing of residual waste eligible for coverage under the proposed general permit.

   (2)  The standards in §  287.611(a) (relating to authorization for general permit), and a brief description of the reasons for the Department’s determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.

   (3)  A brief description of the terms and conditions of the proposed general permit.

   (4)  A brief description of the procedures for public comment on the general permit in accordance with this subchapter.

   (5)  The Departmental address and telephone number at which interested persons or municipalities may obtain further information and review a copy of the proposed general permit.

   (6)  A statement that interested persons or municipalities may submit comments to the Department within 60 days of the publication of the notice and may recommend conditions upon, revisions to and approval or disapproval of the proposed general permit.

 (d)  The Department may hold a public meeting or public hearing on the proposed general permit or proposed modifications to the general permit.

 (e)  Upon issuance or modification of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the new or modified general permit.

   The provisions of this §  287.625 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199708) to (199709).

 (a)  A person or municipality that plans to process or beneficially use residual waste after the expiration of the term set forth in the general permit shall file a complete application for permit renewal on forms provided by the Department at least 180 days before the expiration date of the permit.

 (b)  A permit renewal may include all persons or municipalities that have applied for renewal within the time period provided in subsection (a). A person or municipality that does not meet the time period provided in subsection (a) shall be required either to register or obtain a determination of applicability, whichever is applicable, under a renewed general permit.

 (c)  A general permit renewal shall be for a period of time not to exceed the length of the term of the original permit.

 (d)  An application for permit renewal shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $300.

   The provisions of this §  287.626 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521.

CONTENT OF GENERAL PERMITS AND WAIVERS

§ 287.631. Contents of general permits.

 (a)  Each general permit issued by the Department will include, at a minimum:

   (1)  A clear and specific description of the category of waste and the category of beneficial use or processing of residual waste eligible for coverage under the general permit.

   (2)  The standards in §  287.611(a) (relating to authorization for general permit), and a brief description of the reasons for the Department’s determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.

   (3)  A specification of registration or determination of applicability requirements established in accordance with §  287.641 (relating to inclusion in a general permit) and the fee imposed on registrants or applicants for coverage under the general permit.

   (4)  A set of terms and conditions governing the beneficial use or processing of residual waste covered by the general permit as are necessary to assure compliance with the act, this article and the environmental protection acts, including provisions for the protection of groundwater. At a minimum, the conditions shall include:

     (i)   Limits on the physical and chemical properties of waste that may be beneficially used or processed. The permit shall also include a requirement that persons or municipalities who conduct activities authorized by the general permit shall immediately notify the Department, on forms provided by the Department, of a change in the physical or chemical properties of the residual waste, including leachability, or of a change in the information required by §  287.641(f).

     (ii)   A requirement that persons or municipalities who conduct activities authorized by the general permit shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the activities covered by the general permit will be, are being, or have been conducted to ensure compliance with the act, regulations promulgated under the act and a permit, license or order issued by the Department under the act.

     (iii)   A requirement that the activities authorized by the general permit will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, for beneficial use of residual waste, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.

     (iv)   An effective date and a fixed permit term which may not exceed 10 years from the effective date. If the Department renews a general permit, the term may not exceed the term of the original permit.

     (v)   A requirement that a person or municipality operating under the permit shall immediately notify the Department within the time stated in the permit and if no time is stated no later than 45 days, in writing, of any changes in the following:

       (A)   The company’s name, address, owners, operators and responsible officials.

       (B)   Land ownership of land at the permitted facility.

       (C)   The physical and chemical characteristics of the residual waste.

       (D)   The generators of the residual waste and the manufacturing process that generates the residual waste.

       (E)   The status of any permit issued to the permittee or any agent of the permittee engaged in activities under the permit by the Department or Federal government under the environmental protection acts.

     (vi)   A requirement that the activities conducted under the authorization of a general permit shall be conducted in accordance with the permittee’s application. Except to the extent that a general permit states otherwise, the permittee shall operate as described within the permit application.

   (5)  A requirement that a person or municipality that registers for coverage under a general permit or applies to the Department for a determination of applicability under a general permit shall submit a copy of the registration or application to each municipality in which processing activities or the primary beneficial use activities will be located, prior to initiating operations. If additional locations are identified during the term of the permit that were not known at the time of a registration or application, including an application by the original applicant, written notice shall be provided to the municipalities. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.

 (b)  A general permit may include a requirement that persons or municipalities that conduct activities authorized by the general permit shall submit to the Department periodic reports, analyses of waste and other information to ensure that the quality of the waste to be beneficially used or processed does not change.

   The provisions of this §  287.631 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199709) to (199711).

 (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, except the Department will not waive §  287.123 (relating to right of entry) and will not waive or modify Subchapter A, § §  287.124, 287.125 and 287.128, Subchapter E in accordance with Section 287.621(d) or Subchapter F.

   The provisions of this §  287.632 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226576).

   This section cited in 25 Pa. Code §  287.421 (relating to administrative inspections); 25 Pa. Code §  287.601 (relating to scope); 25 Pa. Code §  287.611 (relating to authorization for general permit); 25 Pa. Code §  287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code §  287.624 (relating to approval or denial of an application); and 25 Pa. Code §  297.1 (relating to scope).

REGISTRATION AND DETERMINATION OF APPLICABILITY

§ 287.641. Inclusion in a general permit.

 (a)  A person or municipality is authorized to operate under a general permit if one of the following occurs:

   (1)  The applicable general permit requires persons or municipalities to register with the Department prior to operating under the general permit, and the person or municipality has registered in accordance with the terms of the general permit.

   (2)  The applicable general permit requires persons or municipalities to apply for and obtain a determination of applicability from the Department prior to operating under the general permit, and the Department has made this determination.

 (b)  Except as provided in subsections (c) and (d), as a condition of each general permit, the Department will require persons or municipalities who intend to operate under the general permit to register with the Department within a specified time period prior to conducting the activity authorized by the general permit.

 (c)  For beneficial use general permits where the residual waste is to be used as a construction material, antiskid material or otherwise placed directly onto the land, as a condition of the general permit, the Department will require persons or municipalities who intend to operate under the general permit to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The Department may require persons or municipalities that intend to operate under a general permit for land application either to apply for and obtain a determination of applicability or register with the Department.

 (d)  The Department may impose the determination of applicability condition described in subsection (c) on general permits for beneficial use or processing activities other than those described in that subsection if the Department determines that the condition is necessary to prevent harm or a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.

 (e)  Registration or application requirements and time limits, if any, shall be set forth in the general permit governing each category of beneficial use or processing of residual waste.

 (f)  At a minimum, the registration or application shall include:

   (1)  The name and address of the person or municipality conducting the activity covered by the general permit.

   (2)  A description of each waste which will be beneficially used or processed in accordance with the general permit.

   (3)  A description of the proposed method of processing or beneficial use of the waste.

   (4)  If a general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used, an analysis that is in accordance with §  287.132 (relating to chemical analysis of waste).

   (5)  For beneficial use general permits for which an evaluation was submitted under §  287.621(b)(5)(iv) (relating to application for general permit), a supplemental evaluation that meets the requirements of that subsection if the waste contains constituents at levels not reviewed as part of the general permit, or if the proposed beneficial use would be at a type of location not reviewed as part of the general permit.

   (6)  The name or number of the general permit being utilized for the activity.

   (7)  A demonstration that the activities which the person or municipality intends to conduct are authorized by the general permit.

   (8)  A signed and notarized statement by the person or municipality conducting the activity authorized by the general permit, on a form prepared by the Department, which states that the person or municipality agrees to accept the conditions imposed by the general permit for beneficial use or processing of residual waste under the general permit.

 (g)  A person or municipality that registers for coverage under a general permit, or applies to the Department for a determination of applicability of a general permit, shall submit a copy of the registration or application to the host municipality and the appropriate county, county planning agency and county health department, if one exists, at the same time that the person or municipality files the registration or application with the Department. The host municipality and host county shall be determined by the location of the person’s or municipality’s primary or first beneficial use or processing operation under the general permit.

   The provisions of this §  287.641 amended January 24, 1997, effective January 25, 1997, 26 Pa.B. 521. Immediately preceding text appears at serial pages (199712) to (199713).

 (a)  This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The requirements in this section are in addition to the applicable requirements of §  287.641 (relating to inclusion in a general permit).

 (b)  An application for a determination of applicability shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $500.

 (c)  The Department will provide notice in the Pennsylvania Bulletin of each application for a determination of applicability for a general permit which the Department has determined to be administratively complete. For applications for determinations of applicability for a general permit for construction materials, the notice shall indicate that interested persons or municipalities may submit comments to the Department within 60 days recommending revisions to, and approval or disapproval of the application, unless the 60-day notice requirement is waived by the Department. The Department may hold a public meeting or public hearing on an application for determination of applicability for a general permit for construction materials.

 (d)  The Department will make a determination that a general permit is or is not applicable to an activity for which an application for determination of applicability is filed under §  287.641 within 60 days from the publication of the notice under subsection (c) or for construction materials when a 60-day comment period is provided, within 120 days after publication of the notice under subsection (c). The time period does not include periods beginning with the date that the Department in writing has requested the applicant to make substantive corrections or changes to the application and ending with the date that the applicant submits corrections or changes to the Department’s satisfaction. Failure by the Department to comply with this timetable will not be construed or understood to constitute grounds for a determination that the general permit applies to the proposed activity.

 (e)  The Department will determine that the general permit does not apply to the proposed beneficial use or processing activity and will deny coverage under the general permit if the applicant fails to demonstrate to the Department’s satisfaction that the proposed activity is consistent with the terms and conditions of the general permit, and does not have the potential to harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.

 (f)  The Department will provide written notice of its determination that a general permit is or is not applicable to an activity for which a determination of applicability is required to the host municipality and the appropriate county, county planning agency and county health department, if one exists, for the applicant’s proposed primary or first beneficial use or processing operation under the general permit and will publish notice of its decision in the Pennsylvania Bulletin.

 (g)  The Department may amend, suspend or revoke coverage under a general permit if a person or municipality authorized to conduct solid waste activities under a general permit is not in compliance with the permit conditions or for one or more of the reasons in subsection (e).

   The provisions of this §  287.642 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199713) to (199715).

 (a)  This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to register with the Department prior to operating under the general permit. The requirements of this section are in addition to the applicable requirements of §  287.641 (relating to inclusion in a general permit).

 (b)  A registration to operate under a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $250.

 (c)  The Department will provide notice in the Pennsylvania Bulletin of each registration for coverage under a general permit.

 (d)  Persons or municipalities may operate under a general permit upon registering with the Department in accordance with §  287.641 and the terms of the general permit.

 (e)  The Department may amend, suspend or revoke coverage under a general permit if the waste or activity is not covered by the terms and conditions of the general permit.

 (f)  A person or municipality operating under a registration has the burden of proving, by clear and convincing evidence, that the waste and activity are consistent with the general permit.

   The provisions of this §  287.643 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (199715).

   The provisions of this §  287.644 reserved January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199715) to (199717).

   This section cited in 25 Pa. Code §  287.113 (relating to permitting procedure for unpermitted processing or disposal facilities); 25 Pa. Code §  287.421 (relating to administrative inspections); 25 Pa. Code §  287.601 (relating to scope); 25 Pa. Code §  287.611 (relating to authorization for general permit); 25 Pa. Code §  287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code §  287.624 (relating to approval or denial of an application); and 25 Pa. Code §  297.1 (relating to scope).

COMPLIANCE

§ 287.651. Investigations and corrective action.

 (a)  Upon notification by a person beneficially using or processing residual waste under a general permit that there has been a change in the physical or chemical properties of the residual waste being beneficially used or processed, including leachability, the Department will conduct an investigation and order necessary corrective action. Notice to the Department under this section does not, by itself, suspend continued beneficial use or processing after a change has occurred.

 (b)  Upon receipt of a signed, written complaint of a person whose health, safety or welfare may be adversely affected by a physical or chemical change in the properties of the residual waste to be beneficially used or processed under a general permit, including leachability, the Department will determine the validity of the complaint and take appropriate action.

   The provisions of this §  287.651 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (199717).

 A person or municipality that beneficially uses or processes residual waste under a general permit shall comply with the terms and conditions of the general permit, with this article and with the environmental protection acts to the same extent as if the activity were covered by an individual permit.

   The provisions of this §  287.652 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199717) to (199718).

   This section cited in 25 Pa. Code §  287.421 (relating to administrative inspections); 25 Pa. Code §  287.601 (relating to scope); 25 Pa. Code §  287.611 (relating to autorization for general permit); 25 Pa. Code §  287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code §  287.624 (relating to approval or denial of an application); and 25 Pa. Code §  297.1 (relating to scope).

BENEFICIAL USE OF COAL ASH

§ 287.661. Use of coal ash as structural fill.

 (a)  Coal ash may be beneficially used as a structural fill without a permit from the Department under the act if the person or municipality proposing the use complies with this section. Use of coal ash as a structural fill that is not consistent with this section requires a disposal permit from the Department under the act and the regulations promulgated thereunder.

 (b)  At least 60 days before using coal ash as a structural fill, the person or municipality proposing the use shall submit a written notice to the Department. The notice shall contain, at a minimum:

   (1)  A description of the nature, purpose and location of the project, including a topographic map showing the project and available soils maps of the area of the project.

   (2)  The estimated beginning and ending dates for the project.

   (3)  Construction plans for the structural fill, including a stability analysis when necessary, which shall be prepared by a registered professional engineer in accordance with sound engineering practice and which shall be signed and sealed by the engineer.

   (4)  An estimate of the volume of coal ash to be used for the project.

   (5)  A chemical and leaching analysis for the coal ash to be used in the project. If the coal ash was generated at a facility for which the Department has previously approved a chemical and leaching analysis, the person or municipality may submit a copy of the analysis that was approved.

   (6)  A signed statement by the owner of the land on which the structural fill is to be placed, acknowledging and consenting to the use of coal ash as structural fill.

 (c)  The Department will publish a summary of each notice in the Pennsylvania Bulletin.

 (d)  After receiving the information required by subsection (b), the Department may inform the person or municipality that provided the information whether the proposed structural fill is consistent with this section.

 (e)  Coal ash used as a structural fill will not be considered a beneficial use unless the following requirements are met:

   (1)  The person or municipality has provided to the Department the information required by subsection (b) at least 60 days before using coal ash as a structural fill.

   (2)  The pH of the coal ash shall be in the range of 6.0 to 9.0, unless otherwise approved by the Department.

   (3)  The slope of a structural fill may not be greater than 2.5 horizontal to 1.0 vertical. The Department may approve a greater slope based on a demonstration of structural stability.

   (4)  Coal ash shall be spread uniformly and compacted in layers not exceeding 2 feet in thickness.

   (5)  Surface runoff form the fill area shall be minimized during filling and construction activity. Collection of surface runoff shall be managed in accordance with The Clean Streams Law and the regulations promulgated thereunder.

   (6)  Surface water shall be diverted away from the disturbed area during filling and construction activity.

   (7)  Coal ash shall be covered with 12 inches of soil, unless infiltration is prevented by other cover material.

   (8)  Coal ash may not be placed in contact with the seasonal high water table.

   (9)  Coal ash may not be placed within 8 feet of the regional groundwater table.

   (10)  Coal ash may not be used as a structural fill in a way that causes water pollution.

 (f)  Structural fills may not be located:

   (1)  Within 100 feet of an intermittent or perennial stream, unless the structural fill is otherwise protected by a properly engineered diversion or structure that is permitted by the Department under the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27).

   (2)  Within 300 feet of a water source unless the operator obtains a waiver from the water source’s owner, allowing for another distance.

   (3)  Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones.

   (4)  Within 100 feet of a sinkhole or area draining into a sinkhole.

   (5)  Within a 100-year floodplain of a water of this Commonwealth, unless a properly engineered dike, levee or other structure that can protect the structural fill from a 100-year flood is permitted by the Department in a manner that is consistent with the Flood Plain Management Act (32 P. S. § §  679.101—679.601), the Storm Water Management Act (32 P. S. § §  680.1—680.17) and the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27).

   (6)  In or within 100 feet of a wetland.

   The provisions of this §  287.661 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226582) to (226583).

 (a)  Coal ash may be beneficially used as a soil substitute or soil additive without a permit from the Department under the act if the person or municipality proposing the use complies with this section.

 (b)  At least 60 days before using coal ash as a soil substitute or soil additive, the person or municipality proposing the use shall submit a written notice to the Department. The notice shall contain, at a minimum:

   (1)  A description of the nature, purpose and location of the project, including a topographic map showing the project area and available soils maps of the project area. The description shall include an explanation of how coal ash will be stored prior to use, how the soil will be prepared for the application of coal ash, how coal ash will be spread and, when necessary, how coal ash will be incorporated into the soil.

   (2)  The estimated beginning and ending dates for the project.

   (3)  An estimate of the volume of coal ash to be used for the project, the proposed application rate and a justification for the proposed application rate.

   (4)  A chemical and leaching analysis for the coal ash to be used in the project. If the coal ash was generated at a facility for which the Department has previously approved a chemical and leaching analysis, the person or municipality may submit a copy of the analysis that was approved.

   (5)  A chemical analysis of the soil on which the coal ash is proposed to be placed.

   (6)  An analysis showing how the application of coal ash will be beneficial to the productivity or properties of the soil to which it is proposed to be applied. The analysis shall be prepared and signed by an expert in soils science.

   (7)  A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the use of coal ash as a soil substitute or soil additive.

 (c)  After receiving the information required by subsection (b), the Department may inform the person or municipality that provided the information whether the proposed use of coal ash as a soil substitute or soil additive is consistent with this section.

 (d)  Coal ash used as a soil substitute or soil additive may not be considered a beneficial use unless the following requirements are met:

   (1)  The person or municipality has provided to the Department the information required by subsection (b) at least 60 days before using coal ash as a soil substitute or soil additive.

   (2)  The pH of the coal ash and the pH of the soil shall be in the range of 6.5 to 8.0 when mixed together in the manner required by the project, as shown by field and laboratory testing. Lime addition may be used to raise pH.

   (3)  Surface runoff from the project area shall be controlled during the project. Collection of surface runoff shall be controlled in accordance with The Clean Streams Law and the regulations promulgated thereunder.

   (4)  Diversion ditches, terraces and other runoff control structures shall be utilized to control erosion on the disturbed area of the project.

   (5)  The person or municipality conducting the activity shall have a Department-approved erosion and sedimentation control plan under Chapter 102 (relating to erosion control).

   (6)  Coal ash may not be placed in contact with the seasonal high water table.

   (7)  Coal ash may not be placed within 8 feet of the regional groundwater table.

   (8)  Coal ash may not be used in a way that causes water pollution.

   (9)  Coal ash shall be incorporated into the soil within 48 hours of application, unless otherwise approved by the Department. The coal ash shall be incorporated into the top 1-foot layer of surface soil. If 1 foot of surface soil is not present, coal ash may be combined with the surface soil that is present until the layer of combined surface soil and coal ash is 1 foot. The coal ash required for the beneficial use is limited to the amount necessary to enhance soil properties or plant growth.

   (10)  Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.

   (11)  Coal ash may not be applied to soil being used for agriculture where the soil pH is less than 5.5.

   (12)  Coal ash may not be applied if resultant chemicals or physical soil conditions would be detrimental to biota.

 (e)  Coal ash may not be used as a soil substitute or soil additive:

   (1)  Within 100 feet of an intermittent or perennial stream, or a wetland other than an exceptional value wetland.

   (2)  Within 300 feet of a water source unless the operator obtains a waiver from the water source’s owner, allowing for another distance.

   (3)  Within 100 feet of a sinkhole or area draining into a sinkhole.

   (4)  Within 300 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 300 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.

   (5)  In or within 300 feet of an exceptional value wetland.

   The provisions of this §  287.662 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226583) to (226584) and (266325).

 (a)  Coal ash approval at coal mining activity sites. Coal ash approval at coal mining activity sites shall, at a minimum, be based on the following:

   (1)  Coal ash may be used for beneficial use at coal mining activity sites if the use complies with this section, The Clean Streams Law and the regulations promulgated thereunder, the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a), the Coal Refuse Disposal Control Act (52 P. S. § §  30.51—30.66), the applicable provisions of Chapters 86—90, the Coal Ash Certification Guidelines (Certificate Guidelines) developed under this section and other applicable environmental statutes and regulations promulgated thereunder.

   (2)  The Department will develop Certification Guidelines that identify the acceptable physical and chemical characteristics of coal ash for beneficial uses. A generator of coal ash shall demonstrate that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended uses. The demonstration shall be reviewed and approved by the Department prior to a beneficial use.

   (3)  The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash at coal mining activities.

 (b)  Request. The request for use at coal mining activity sites shall be addressed in the reclamation plan of the mining activities permit and shall contain the following and shall be reviewed and approved by the Department:

   (1)  A narrative description of the project, including an explanation of how coal ash will be placed, where and how coal ash will be stored prior to placement, identification of the sources of coal ash and an estimate of the cubic yards of coal ash to be used. For the beneficial use of coal ash as a soil substitute or additive, the proposed application rate and justification for the application rate shall also be included.

   (2)  If the coal ash has not been certified under subsection (a)(2) by the Department, a statement signed by the generator of the coal ash including supporting data which demonstrates that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended use. If the coal ash has been certified in accordance with subsection (a)(2), information that identifies the generator and the certification number.

   (3)  A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the placement of coal ash.

 (c)  Operating requirements. The use of coal ash as part of the mining reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality. Coal ash may be beneficially used for reclamation in the following situations:

   (1)  The pit or area from which coal is extracted under a surface coal mining permit.

   (2)  Abandoned coal mining areas located within the surface coal mining permit area.

   (3)  Coal refuse disposal sites.

   (4)  Other beneficial uses that are part of the approved reclamation plan of the coal mining activity.

 (d)  Additional operating requirements for the placement of coal ash at coal surface mining and coal refuse reprocessing sites. The following applies to placement of coal ash at coal surface mining and coal refuse reprocessing sites:

   (1)  Coal ash placed at a coal mining activity site may not exceed the volume of coal, coal refuse, culm or silt removed from the site by the active mining operation on a cubic yard basis unless more coal ash is needed to complete the reclamation plan of the surface mining activity permit.

   (2)  Placement of coal ash can be accomplished by mixing with spoil material or by spreading in horizontal layers. The reclamation plan of the approved permit shall address the placement of the coal ash.

   (3)  Groundwater monitoring at coal mining activity sites for the coal ash shall be in accordance with applicable provisions of Chapters 86—90.

   (4)  For coal refuse pile reprocessing sites where refuse material is presently deposited in large surface piles, the piles may not be rebuilt with coal ash. The placement of coal ash shall be accomplished in a manner which blends into the general surface configuration, and complements the surface drainage pattern of the surrounding landscape.

   (5)  For multiple refuse pile reprocessing projects, the Department may allow at an individual refuse pile reprocessing site more coal ash used than coal refuse removed if:

     (i)   A single operator will control a project involving the coordinated use of multiple coal refuse sites.

     (ii)   A reclamation plan is approved for each of the sites and identifies the total cubic yards of coal ash that may be placed at each site.

     (iii)   The total cubic yards of coal ash placed on the sites is less than the total cubic yards of refuse, culm or silt removed from the sites. Only coal ash from the integrated project can be used.

     (iv)   The integrated project shall be designed to achieve an overall improvement of surface water or groundwater quality at each site, where acid mine drainage is evident. For instances in which there is no acid mine drainage, the project will be so designed to achieve no degradation of the surface or groundwater quality.

     (v)   The integrated project shall be accomplished in a manner which blends into the general surface configuration and complements the surface drainage pattern of the surrounding landscape.

   (6)  The coal ash may not be placed within 8 feet of the regional groundwater table unless the Department approves placement within 8 feet based upon a demonstration that groundwater contamination will not occur or that the Department approves this placement as part of a mine drainage abatement project.

   (7)  The coal ash shall meet the physical and chemical characteristics identified in the Certification Guidelines for the intended use.

   (8)  The operator shall maintain information concerning the sources and the cubic yards of coal ash used.

 (e)  Additional operating requirements for the beneficial use of coal ash as a soil substitute or soil additive. The following apply to the beneficial use of coal ash as a soil substitute or soil additive:

   (1)  Coal ash shall be applied at a rate per acre that will protect public health, safety and the environment.

   (2)  The coal ash that is applied will be part of the approved reclamation plan of the coal mining activity in order to increase the productivity or properties of the soil.

 (f)  Additional operating requirements for the beneficial use of coal ash at coal refuse disposal sites. The following apply to the beneficial use of coal ash at coal refuse disposal sites:

   (1)  Placement of coal ash as part of coal refuse disposal operations which are permitted under Chapters 86—90 shall be considered beneficial use if the following conditions are met:

     (i)   The cubic yards of coal ash does not exceed the total cubic yards of coal refuse to be disposed based on uncompacted volumes of materials received at the site, and only amounts necessary to meet subparagraph (iii) may be used.

     (ii)   The Department may allow cubic yards of coal ash to exceed the cubic yards of coal refuse to be disposed if the approved reclamation plan would require the additional cubic yards of coal ash to improve the quality of leachate generated by the coal refuse.

     (iii)   The coal ash has physical and chemical characteristics which:

       (A)   Improve compaction and stability within the fill.

       (B)   Reduce infiltration of water into coal refuse.

       (C)   Improve the quality of leachate generated by the coal refuse.

     (iv)   Groundwater monitoring shall be in accordance with the applicable provisions of Chapters 86—90.

     (v)   The coal ash may not be placed within 8 feet of the regional groundwater table, unless the Department approves placement within 8 feet based upon a demonstration that groundwater contamination will not occur.

   The provisions of this §  287.663 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199722) to (199723).

 (a)  Approval by Department. Coal ash may be beneficially used at abandoned coal and abandoned noncoal surface mine sites if the reclamation work is approved by the Department or is performed under a contract with the Department. Coal ash approval shall, at a minimum, be based on the following:

   (1)  Beneficial use of the coal ash shall comply with this section, and the applicable environmental statutes and regulations promulgated thereunder.

   (2)  The Department will develop Coal Ash Certification Guidelines (Certification Guidelines) that identify the acceptable physical and chemical characteristics for beneficial uses of coal ash. A generator of coal ash shall demonstrate that the coal ash quality meets the chemical and physical characteristics identified in the Certification Guidelines for the intended uses. The demonstration shall be reviewed and approved by the Department prior to a beneficial use.

   (3)  The Department will develop a technical guidance document to facilitate review of beneficial uses of coal ash at abandoned mine sites.

 (b)  Request. The request for the use of coal ash at abandoned mine sites shall be addressed in the reclamation plan submitted to the Department and shall contain the following:

   (1)  A narrative description of the project, including an explanation of how coal ash will be placed, where and how coal ash will be stored prior to placement, identification of the sources of coal ash and an estimate of the cubic yards of coal ash to be used. For the beneficial use of coal ash as a soil substitute or additive, the proposed application rate and justification for the application rate shall also be included.

   (2)  If the coal ash has not been certified under subsection (a)(2) by the Department, a statement signed by the generator of the coal ash including supporting data which demonstrates that the coal ash quality meets the chemical and physical characteristics identified in the certification guidelines for the intended use. If the coal ash has been certified in accordance with subsection (a)(2) information that identifies the generator and the certification number.

   (3)  A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the placement of coal ash.

 (c)  Operating requirements. The use of coal ash as part of the reclamation activity shall be designed to achieve an overall improvement in water quality or shall be designed to prevent the degradation of water quality or be designed to treat mine drainage or function as a soil substitute or soil additive.

   (1)  The cubic yards of coal ash to be used at any reclamation activity at an abandoned mine site will be determined by the Department. Consideration may be given to using up to the total volume needed to accomplish reclamation of the entire affected site, so that the final contours resulting from the project blend with the surrounding topography, promote positive surface water runoff and protect surface and groundwater quality.

   (2)  The necessity for water quality monitoring will be determined by the Department where the information is needed to evaluate the success of the reclamation project.

   (3)  The coal ash will not be placed within 8 feet of the regional groundwater table, unless the Department approves placement within 8 feet based upon a demonstration that groundwater contamination will not occur.

   (4)  For use of coal ash as a soil substitute or soil additive, the coal ash shall be applied at the rate per acre in order to increase the productivity or properties of the soil and to protect public health, safety and the environment.

   The provisions of this §  287.644 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199723) to (199725).

 (a)  This section sets forth beneficial uses of coal ash other than use as a structural fill, soil substitute or soil additive.

 (b)  The following uses of coal ash are deemed to be beneficial and do not require a permit from the Department under the act as long as the uses are consistent with the requirements of this section:

   (1)  The use of coal ash in the manufacture of concrete.

   (2)  The extraction or recovery of one or more materials and compounds contained within the coal ash.

     (i)   Storage of coal ash before and after extraction or recovery shall be subject to Chapter 299 (relating to storage and transportation of residual waste).

     (ii)   Disposal of the unrecovered fraction of coal ash shall be subject to the applicable requirements for residual waste.

   (3)  The use of fly ash as a stabilized product. Other uses of fly ash in which physical or chemical characteristics are altered prior to use or during placement shall be considered a beneficial use under this section if the following are met:

     (i)   The person or municipality proposing the use has first given advance written notice to the Department.

     (ii)   The coal ash is not mixed with solid waste, unless otherwise approved in writing by the Department prior to the use.

     (iii)   The use of the coal ash results in a demonstrated reduction of the potential of the coal ash to leach constituents into the environment.

   (4)  The use of bottom ash or boiler slag as an antiskid material or road surface preparation material, if the use is consistent with Department of Transportation specifications or other applicable specifications. The use of fly ash as an antiskid material or road surface preparation material is not deemed to be a beneficial use.

   (5)  The use of coal ash as raw material for a product with commercial value, including the use of bottom ash in construction aggregate. Storage of coal ash prior to processing is subject to §  299.153 (relating to storage and containment of coal ash).

   (6)  The use of coal ash for mine subsidence control, mine fire control and mine sealing, if the following requirements are met:

     (i)   The person or municipality proposing the use gives advance written notice to the Department.

     (ii)   The pH of the coal ash is in a range that will not cause or allow the ash to contribute to water pollution.

     (iii)   Use of the coal ash in projects funded by or through the Department is consistent with applicable Departmental requirements and contracts.

   (7)  The use of coal ash as a drainage material or pipe bedding, if the person or municipality proposing the use has first given advance written notice to the Department, and has provided to the Department an evaluation of the pH of the coal ash and a chemical analysis of the coal ash that meets the requirements of §  287.132 (relating to chemical analysis of waste).

   The provisions of this §  287.665 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199726) to (199727).

 (a)  The Department may request documents and other information from a person or municipality that are necessary to show whether the person or municipality is conducting or proposing to use coal ash in a manner that is consistent with this subchapter.

 (b)  Failure to have documentation of compliance with this subchapter available after initiation of a claimed beneficial use will give rise to a presumption that the person or municipality is disposing of residual waste without a permit.

   This section cited in 25 Pa. Code §  287.601 (relating to scope).