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CHAPTER 288. RESIDUAL WASTE LANDFILLS
Subchap. Sec.
A. GENERAL 288.1
B. APPLICATION REQUIREMENTS 288.101
C. OPERATING REQUIREMENTS 288.201
D. ADDITIONAL REQUIREMENTS FOR CLASS I RESIDUAL WASTE LANDFILLS 288.401
E. ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE LANDFILLS 288.501
F. ADDITIONAL REQUIREMENTS FOR CLASS III RESIDUAL
WASTE LANDFILLS 288.601Authority The provisions of this Chapter 288 issued under the Solid Waste Management Act (35 P. S. § § 6018.1016018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § § 471480); The Clean Streams Law (35 P. S. § § 691.1691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.1014000.1904); amended under 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. § 4000.302); section 408(e) of the Pennsylvania Used Oil Recycling Act (58 P. S. 408(e)); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); section 105(4) of the Waste Tire Recycling Act (35 P. S. § 6029.105(4)); sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and the Vehicle Code, 75 Pa.C.S. § 4909(e), unless otherwise noted.
Source The provisions of this Chapter 288 adopted July 2, 1992, effective July 4, 1992, 22 Pa. B. 3389, unless otherwise noted.
Cross References This chapter cited in 25 Pa. Code § 252.3 (relating to scope); 25 Pa. Code § 261a.2 (relating to definition of solid waste); 25 Pa. Code § 287.121 (relating to application contents); 25 Pa. Code § 287.504 (relating to operating requirements); and 25 Pa. Code § 287.601 (relating to scope).
Subchapter A. GENERAL
Sec.
288.1. Scope.§ 288.1. Scope.
(a) This chapter sets forth application and operating requirements for residual waste landfills. The requirements in this chapter are in addition to the applicable requirements in Chapter 287 (relating to residual waste managementgeneral provisions).
(b) This chapter applies to three kinds of residual waste landfills.
(1) Class I residual waste landfills involve the disposal of residual wastes with the greatest degree of potential for adverse effects on groundwater and the greatest potential impact on public health, safety and the environment.
(2) Class II residual waste landfills involve the disposal of residual waste with an intermediate degree of potential for adverse effects on groundwater and an intermediate degree of potential impact on public health, safety and the environment.
(3) Class III residual waste landfills involve the disposal of residual wastes with the least degree of potential for adverse effects on groundwater and the least potential impact on public health, safety and the environment.
Subchapter B. APPLICATION REQUIREMENTS
TWO PHASE PROCESS Sec.
288.101. Two phase process.
PHASE I APPLICATION REQUIREMENTSGENERAL
288.111. Basic requirements.
288.112. Facility plan.
288.113. Maps and related information.
PHASE I APPLICATION REQUIREMENTSSITE ANALYSIS
288.121. Description of geology, soils and hydrology; general requirements.
288.122. Geology and groundwater description.
288.123. Groundwater quality description.
288.124. Soil description.
288.125. Surface water information.
288.126. Alternative water supply information.
288.127. Mineral deposits information.
288.128. Notification of proximity to airport.
PHASE II APPLICATION REQUIREMENTSGENERAL
288.131. Basic requirements.
288.132. Operation plan.
288.133. Map and grid requirements.
288.134. Plan for access roads.
288.135. Access control plan.
288.136. Nuisance minimization and control plan.
288.137. Litter control plan.
288.138. Daily volume.
288.139. Radiation protection action plan.
PHASE II APPLICATION REQUIREMENTSCOVER AND REVEGETATION
288.141. Compaction and cover plan.
288.142. Revegetation plan.
PHASE II APPLICATION REQUIREMENTSWATER QUALITY PROTECTION AND MONITORING
288.151. Soil erosion and sedimentation control plan.
288.152. Water quality monitoring plan.
PHASE II APPLICATION REQUIREMENTSGAS MANAGEMENT
288.161. Gas monitoring and control plan.
PHASE II APPLICATION REQUIREMENTSEMERGENCY PLANNING
288.171. Contingency plan.
PHASE II APPLICATION REQUIREMENTSCLOSURE PROVISIONS
288.181. Postclosure land use plan.
288.182. Closure plan.
PHASE II APPLICATION REQUIREMENTSADDITIONAL PROVISIONS FOR CERTAIN WASTES
288.191. Plan for disposal of PCBs.
288.192. Plan for the disposal of friable asbestos containing waste.
288.193. Plan for other special handling wastes.
Cross References This subchapter cited in 25 Pa. Code § 288.411 (relating to general requirements); 25 Pa. Code § 288.415 (relating to waste classification plan); 25 Pa. Code § 288.511 (relating to general requirements); 25 Pa. Code § 288.515 (relating to waste classification plan); 25 Pa. Code § 288.611 (relating to description of soil base); and 25 Pa. Code § 288.612 (relating to waste classification plan).
TWO PHASE PROCESS
§ 288.101. Two phase process.
A person or municipality may submit an application for a permit to operate a residual waste landfill in two phases, known as Phase I and Phase II, under this subchapter. Approval by the Department of a Phase I application does not constitute or guarantee approval for the Phase II permit application, issuance of the permit or authority to operate a residual waste landfill.
PHASE I APPLICATION REQUIREMENTSGENERAL
§ 288.111. Basic requirements.
The Phase I application shall comply with the following:
(1) Sections 288.112, 288.113 and 288.121288.127 (relating to facility plan; maps and related information; and Phase I application requirementssite analysis).
(2) Chapter 287, Subchapter C (relating to general requirements for permits and permit applications).
Source The provisions of this § 288.111 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226596).
§ 288.112. Facility plan.
An application to operate a residual waste landfill shall contain conceptual drawings and a narrative describing the following:
(1) The general operational concept for the proposed facility, including the origin, composition and weight or volume of solid waste that is proposed to be disposed of at the facility, the type of liner system, the proposed capacity of the facility, the expected life of the facility and the size, sequence and timing of solid waste disposal operations at the facility.
(2) A detailed description of the volume of soil needed to construct and operate the facility and the method by which the soil will be delivered. The description will include the number of trucks, the access roads they will use, delivery times and any other information relevant to assessing the impacts of the operation.
Notes of Decisions Constitutionality
The Environmental Quality Boards regulations adopting a Harms/Benefits Test as part of the permitting process for waste disposal facilities does not exceed the Commonwealths police power; a determination of a projects inherent harms and benefits is reasonably necessary in order to determine whether a potentially dangerous project should be granted a permit in a heavily regulated industry. Eagle Environmental II, L. P. v. Department of Environmental Protection, 884 A.2d 867, 883 (Pa. 2005).
Source The provisions of this § 288.112 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226596).
Cross References The provisions of this § 288.113 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226596) to (226598).
Cross References This section cited in 25 Pa. Code § 288.111 (relating to basic requirements).
PHASE I APPLICATION REQUIREMENTSSITE ANALYSIS
§ 288.121. Description of geology, soils and hydrology; general
requirements.In preparing the soils, geology and hydrology descriptions required by this section and § § 288.122288.127 the applicant shall include information about the proposed permit area and the adjacent area. Plans and cross sections submitted to comply with this section and § § 288.122-288.127 shall be on a scale satisfactory to the Department. The map shall be on a scale of 1 inch equals no more than 200 feet, with contour intervals at a maximum of 10 feet. Maps and cross sections submitted for a particular application shall be of the same or easily compared scales.
Source The provisions of this § 288.121 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226598).
Cross References The provisions of this § 288.122 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226598) to (226599).
Cross References The provisions of this § 288.123 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226599) to (226600).
Cross References This section cited in 25 Pa. Code § 288.111 (relating to basic requirements); 25 Pa. Code § 288.121 (relating to description of geology, soils and hydrology; general requirements); 25 Pa. Code § 288.152 (relating to water quality monitoring plan); 25 Pa. Code § 288.201 (relating to basic limitations); and 25 Pa. Code § 289.152 (relating to water quality monitoring plan).
§ 288.124. Soil description.
(a) An application for a Class I or Class II landfill shall contain:
(1) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that the seasonal high water table will not be in contact with the liner system.
(2) A description of the soils to be used for daily, intermediate and final cover, and facility construction, including chemical description, texture, laboratory particle size analyses and quantity. Cross sections of the borrow pits within the proposed permit area shall be included.
(b) An application for a Class III landfill shall contain:
(1) A description of the soils within the proposed permit area and adjacent area down to the bedrock, including for each soil horizon, depth, matrix color, texture, structure, consistency, degree of mottling, mottling colors and laboratory particle size analyses.
(2) The depth to the seasonal high water table within the proposed permit area and adjacent area to demonstrate that the seasonal high water table will not be in contact with the liner system.
(3) A description of the soils to be used for daily, intermediate and final cover, attenuating soil base and facility construction, including texture, chemical description, laboratory particle size analyses and quantity. Cross sections of the borrow pits within the proposed permit area shall be included.
(c) In preparing the description of soils and elevations, the applicant shall do the following:
(1) Base the description on a sufficient number of pits, excavations and samples to allow an accurate characterization of the soils in the proposed permit area and adjacent area and each onsite and offsite borrow area.
(2) Use the following soil classification systems:
(i) For daily, intermediate and final cover, and for attenuating soil, if applicable, the United States Department of Agriculture Soil Classification System.
(ii) For the liner system, site construction and other noncover uses, the Unified Soil Classification System.
(3) Conduct required laboratory particle size analysis according to ASTM D422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved in writing by the Department prior to the analyses.
Source The provisions of this § 288.124 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226600) to (226601).
Cross References This section cited in 25 Pa. Code § 288.111 (relating to basic requirements); 25 Pa. Code § 288.113 (relating to maps and related information); 25 Pa. Code § 288.121 (relating to description of geology, soils and hydrology; general requirements); and 25 Pa. Code § 288.611 (relating to description of soil base).
§ 288.125. Surface water information.
(a) An application shall contain a description of surface waters in the proposed permit area and adjacent areas including the following:
(1) A description of the watershed in which the proposed permit area is located and other watersheds which may be affected by the proposed facility.
(2) Surface elevations and rates of flow of streams, springs, seeps and mine discharges in the proposed permit area and adjacent area.
(3) A description of the quality of surface waters which will receive flows from surface water or groundwater from the proposed permit area, including laboratory analyses of samples.
(4) A description of the instream macro-invertebrate community in surface waters above and below the proposed permit area.
(b) The surface water information submitted to the Department shall be based on a sufficient number of observations, calculations, weir or flow meter readings and sample analyses to allow an accurate characterization of the physical, chemical and biological characteristics of the surface waters. Chemical parameters analyzed, at a minimum, shall be those required under § 288.254 (relating to sampling and analysis).
Cross References This section cited in 25 Pa. Code § 288.111 (relating to basic requirements); and 25 Pa. Code § 288.121 (relating to description of geology, soils and hydrology; general requirements).
§ 288.126. Alternative water supply information.
(a) The applicant shall determine whether the proposed facility is within the groundwater recharge area for a public or private water supply. The applicant shall delineate the position of the proposed permit area within relevant groundwater flow systems. The applicant shall identify public and private water supplies which may potentially be adversely affected by groundwater flow associated with the proposed facility.
(b) For water supplies which may be adversely affected by the proposed facility, the applicant shall submit a detailed hydrogeologic study addressing the potential effect of the proposed facility on the water supplies.
(c) For water supplies which the hydrogeologic study required under subsection (b) indicates may be adversely affected by the proposed facility, the applicant shall demonstrate the following:
(1) The hydrogeologic characteristics of the proposed permit area and adjacent area assure that implementation of the applicants groundwater monitoring plan will protect water supplies from adverse effects from the facility.
(2) The feasibility of permanently replacing or restoring the water supply to like quantity and quality with the existing supply and at no additional cost to the owner. A description of the means to restore or replace the water supply shall also be provided.
Cross References This section cited in 25 Pa. Code § 288.111 (relating to basic requirements); and 25 Pa. Code § 288.121 (relating to description of geology, soils and hydrology; general requirements).
§ 288.127. Mineral deposits information.
(a) If the proposed permit area and adjacent area overlie existing workings of an underground mine, the applicant shall submit sufficient information to evaluate the potential for mine subsidence damage to the facility, including the following:
(1) Maps and plans showing previous mining operations underlying the proposed facility.
(2) An investigation, with supporting documentation, by a registered professional engineer with geotechnical expertise addressing the probability and potential impacts of future subsidence. The investigation shall address the potential for additional mining beneath the permit and adjacent area, the stability of the final underground workings, the maximum subsidence likely to occur in the future and the effect of that subsidence on the integrity of the facility, and any measures which have been or will be taken to stabilize the surface.
(b) If the proposed permit area and adjacent area overlies recoverable or mineable coals, the applicant shall demonstrate that the applicant owns the coal and shall warrant that the coal will not be mined as long as residual waste remains on the site, except for surface mining activities approved in the permit for purposes of facility construction.
Source The provisions of this § 288.127 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226602) to (226603).
Cross References This section cited in 25 Pa. Code § 288.111 (relating to basic requirements); 25 Pa. Code § 288.121 (relating to description of geology, soils and hydrology; general requirements); 25 Pa. Code § 288.122 (relating to geology and groundwater description); and 25 Pa. Code § 288.261 (relating to mineral resources).
§ 288.128. Notification of proximity to airport.
An applicant shall notify the Bureau of Aviation of the Pennsylvania Department of Transportation, the Federal Aviation Administration and the airport if a proposed landfill or expansion, that is planned to receive putrescible waste, is within 6 miles of an airport runway. The application shall include a copy of each notification and each response to each notification received by the applicant.
Source The provisions of this § 288.128 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
PHASE II APPLICATION REQUIREMENTSGENERAL
§ 288.131. Basic requirements.
(a) The Phase II permit application shall comply with the following:
(1) This section and § § 288.132288.139, 288.141, 288.142, 288.151, 288.152, 288.161, 288.171, 288.181 and 288.182.
(2) Chapter 287, Subchapter E (relating to bonding and insurance requirements).
(b) Applications, plans, cross sections, modules and narratives shall demonstrate how the construction and operating requirements of Subchapter C (relating to operating requirements) will be implemented, and shall include quality control measures necessary to ensure proper implementation.
(c) The plans, designs, cross sections and maps required by this section and § § 288.132288.139, 288.141, 288.142, 288.151, 288.152, 288.161, 288.171, 288.181 and 288.182 shall be on a scale in which 1 inch equals no more than 200 feet with 10-foot maximum contour intervals.
Source The provisions of this § 288.132 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226603) to (226604).
Cross References The provisions of this § 288.133 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226604) to (226605).
Cross References This section cited in 25 Pa. Code § 287.135 (relating to transition period for radiation monitoring); 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § 288.132 (relating to operation plan).
§ 288.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, under § 288.213 (relating to access roads).
Source The provisions of this § 288.134 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226605).
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § 288.213 (relating to access roads).
§ 288.135. Access control plan.
The application shall contain plans sufficient to demonstrate compliance with § 288.212 (relating to access control), including plans showing fencing and barriers to be constructed at the proposed facility in full elevation, fully dimensioned and with the type of construction materials specified.
Cross References The provisions of this § 288.136 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226605) to (226606).
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § n288.218 (relating to nuisance minimization and control).
§ 288.137. Litter control plan.
The application shall contain a plan in accordance with § 288.220 (relating to litter) to control litter.
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements).
§ 288.138. Daily volume.
The application shall contain proposed average and maximum daily volumes for the facility, and a detailed justification for these volumes, based on § § 287.126 and 287.127 (relating to requirements for environmental assessment; and environmental assessment).
Source The provisions of this § 288.138 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References The provisions of this § 288.139 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 287.135 (relating to transition period for radiation monitoring); 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § 288.222 (relating to radiation monitoring and response for noncaptive landfills).
PHASE II APPLICATION REQUIREMENTSCOVER AND REVEGETATION
§ 288.141. Compaction and cover plan.
An application shall contain a plan for compaction and cover at the proposed facility under § § 288.216 and 288.232288.234 and shall include the following information:
(1) The procedures for placement and compaction of solid waste and the degree of compaction of solid waste.
(2) The number and thickness of lifts.
(3) The materials and procedures for application of daily, intermediate and final cover material, that meet the standards in § § 288.232288.234 (relating to daily cover; intermediate cover and slopes; and final cover and grading).
(4) The procedures to establish elevation and grade of final cover.
Source The provisions of this § 288.141 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226606).
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § 288.216 (relating to unloading and compaction).
§ 288.142. Revegetation plan.
An application shall contain a plan for revegetation of affected areas in accordance with § § 288.236 and 288.237 (relating to revegetation; and standards for successful revegetation). The plan shall identify the species that are proposed to be planted, seeding rates and method of revegetation.
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTSWATER QUALITY PROTECTION AND MONITORING
§ 288.151. Soil erosion and sedimentation control plan.
(a) The applicant shall submit a plan to manage surface water and control erosion during all phases of construction and operation at the proposed facility. The plan shall be based on the requirements of Chapter 102 (relating to erosion and sediment control), § § 288.242288.244 (relating to soil erosion and sedimentation control; sedimentation ponds; and discharge structures) and other applicable State and Federal requirements. Calculations indicating water quantities shall be based on the 24-hour precipitation event by inches to be expected once in 25 years.
(b) The plan shall include fully dimensioned diversion ditches, indicating length, gradient and cross section for configuration by reach and capacities for ditch volume by reach. Calculations which are necessary to support design and siting shall be included in the plan.
Cross References The provisions of this § 288.152 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266327) to (266328) and (226609).
Cross References This section cited in 25 Pa. Code § 288.123 (relating to groundwater quality description); 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § 288.255 (relating to reporting of analysis results and data evaluation).
PHASE II APPLICATION REQUIREMENTSGAS
MANAGEMENT
§ 288.161. Gas monitoring and control plan.
(a) When the decomposition of the waste that is proposed to be disposed at the facility may generate gas, the application shall include a plan under § 288.262 (relating to gas control and monitoring) that is sufficient to detect and control gas emanating from the facility. The plan shall include the following:
(1) A plan to monitor and record offsite gas migration and gas accumulation on and off the site, including structures.
(2) Designs for a gas control system, indicating the location and scheduling of construction, and the design of vents, barriers, collection pipes, manifolds or other control measures that will be put in place.
(b) If gas recovery is proposed or required, the application shall also include the following:
(1) Drawings and a narrative detailing the location and design of the proposed gas recovery system and the major onsite components of the system, which shall be consistent with § 288.263 (relating to gas recovery).
(2) Plans and designs to address special storage, transportation, processing, treatment or disposal measures anticipated or required in the management of the generated gases, condensates or other residues.
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements); 25 Pa. Code § 288.262 (relating to gas control and monitoring); and 25 Pa. Code § 288.263 (relating to gas recovery).
PHASE II APPLICATION REQUIREMENTSEMERGENCY PLANNING
§ 288.171. Contingency plan.
An application shall contain a contingency plan consistent with this section and § § 288.272 and 288.273 (relating to emergency equipment; and implementation of contingency plan). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Departments most recent guidelines fo the development and implementation of PPC plans.
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTSCLOSURE PROVISIONS
§ 288.181. Postclosure land use plan.
An application shall contain a detailed description of the proposed use following closure of the proposed facility, including a discussion of the utility and capacity of the revegetated land to support a variety of alternative uses, and the relationship of the use to existing land use policies and plans. The description shall explain the following:
(1) How the proposed postclosure land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.
(2) The consideration which has been given to making the proposed postclosure land use consistent with landowner plans and applicable State and local land use plans and programs.
Cross References The provisions of this § 288.182 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226610) to (226611).
Cross References This section cited in 25 Pa. Code § 288.131 (relating to basic requirements); and 25 Pa. Code § 288.292 (relating to closure).
PHASE II APPLICATION REQUIREMENTSADDITIONAL PROVISIONS FOR CERTAIN WASTES
§ 288.191. Plan for disposal of PCBs.
(a) An application for the disposal of electrical transformers that previously contained between 50 and 500 ppm of PCBs shall contain a narrative description and necessary plans and drawings to show how the applicant plans to comply with § 288.301 (relating to PCBs).
(b) For other PCB-containing wastes which are proposed to be disposed at a Class I or Class II residual waste landfill, the applicant shall provide the information the Department states in writing is necessary to protect public health, safety, welfare and the environment.
Source The provisions of this § 288.191 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226611).
Cross References This section cited in 25 Pa. Code § 273.414 (relating to plan for disposal of PCBs, friable asbestos containing waste and other special handling waste).
§ 288.192. Plan for the disposal of friable asbestos containing waste.
An application for the disposal of friable asbestos containing waste shall contain a narrative description and necessary plans and drawings to show how the applicant proposes to comply with § 288.302 (relating to disposal of friable asbestos containing waste).
Cross References This section cited in 25 Pa. Code § 273.414 (relating to plan for disposal of PCBs, friable asbestos containing waste and other special handling waste).
§ 288.193. Plan for other special handling wastes.
An application for the disposal of other special handling wastes shall include plans showing how the applicant will comply with additional requirements imposed under § 288.303 (relating to other special handling wastes).
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS Sec.
288.201. Basic limitations.
288.202. Certification.
288.203. Waste analysis.
DAILY OPERATIONS
288.211. Signs and markers.
288.212. Access control.
288.213. Access roads.
288.214. Measurement and inspection of waste.
288.215. Equipment.
288.216. Unloading and compaction.
288.217. Air resources protection.
288.218. Nuisance minimization and control.
288.219. Salvaging.
288.220. Litter.
288.221. Daily volume.
288.222. Radiation monitoring and response for noncaptive landfills.
COVER AND REVEGETATION
288.231. [Reserved].
288.232. Daily cover.
288.233. Intermediate cover and slopes.
288.234. Final cover and grading.
288.235. Noncontiguous borrow areas.
288.236. Revegetation.
288.237. Standards for successful revegetation.
WATER QUALITY PROTECTION
288.241. General requirements.
288.242. Soil erosion and sedimentation control.
288.243. Sedimentation ponds.
288.244. Discharge structures.
288.245. Water supply replacement.
WATER QUALITY MONITORING
288.251. General requirements.
288.252. Number, location and depth of monitoring points.
288.253. Standards for wells and casing of wells.
288.254. Sampling and analysis.
288.255. Reporting of analysis results and data evaluation.
288.256. Groundwater assessment plan.
288.257. Abatement plan.
288.258. Recordkeeping.
MINERALS AND GAS
288.261. Mineral resources.
288.262. Gas control and monitoring.
288.263. Gas recovery.
EMERGENCY PROCEDURES
288.271. Hazard prevention.
288.272. Emergency equipment.
288.273. Implementation of contingency plan.
RECORDKEEPING AND REPORTING
288.281. Daily operational records.
288.282. [Reserved].
288.283. Annual operation report.
CLOSURE PROVISIONS
288.291. Postclosure land use.
288.292. Closure.
ADDITIONAL REQUIREMENTS FOR CERTAIN WASTES
288.301. PCBs.
288.302. Disposal of friable asbestos-containing waste.
288.303. Other special handling wastes.
Cross References This subchapter cited in 25 Pa. Code § 288.131 (relating to basic requirements); 25 Pa. Code § 288.421 (relating to basic limitations); 25 Pa. Code § 288.521 (relating to basic limitations); and 25 Pa. Code § 288.621 (relating to basic requirements).
GENERAL PROVISIONS
§ 288.201. Basic limitations.
(a) Except as provided in subsection (b), a person or municipality may not own or operate a residual waste landfill unless the Department has first issued a permit to that person or municipality for the facility under this chapter.
(b) A person or municipality may conduct monitoring under § 288.123 (relating to groundwater quality description) without a permit from the Department if the Department has given written approval for the monitoring based on written plans that are consistent with this chapter.
(c) A person or municipality that operates a residual waste landfill shall comply with the following:
(1) The act, this article and other applicable regulations promulgated under the act.
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.
(d) A person or municipality may not allow residual waste to be disposed at the facility unless the Department has specifically approved the disposal of the waste at the facility, in the permit.
(e) A coal ash monofill shall be located in an area that has been previously mined and left unreclaimed unless the operator provides a detailed written explanation in the permit application why locating the facility in such an area is not feasible.
(f) All approved mitigation measures identified in the application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.
(g) The following radioactive material controlled under specific or general license or order authorized by any Federal, state or other government agency may not be disposed at the facility, unless specifically exempted from disposal restriction by an applicable Pennsylvania or Federal statute or regulation:
(1) Naturally occurring and accelerator produced radioactive material.
(2) Byproduct material.
(3) Source material.
(4) Special nuclear material.
(5) Transuranic radioactive material.
(6) Low-level radioactive waste.
(h) The following radioactive material may not be disposed at the facility, unless approved in writing by the Department and the disposal does not endanger the environment, facility staff or public health and safety.
(1) Short-lived radioactive material from a patient having undergone a medical procedure.
(2) TENORM.
(3) Consumer products containing radioactive material.
(i) The limitations in subsections (g) and (h) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.
Source The provisions of this § 288.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (239020).
Cross References The provisions of this § 288.202 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226615).
§ 288.203. Waste analysis.
(a) The operator shall inspect each load in accordance with its approved plan under § 287.134 (relating to waste analysis plan) to ensure compliance with that section § 288.201 (relating to basic limitations) and the following sections, as applicable: § 288.423, § 288.523 or § 288.623 (relating to minimum requirements for acceptable waste; minimum requirements for acceptable waste; and minimum requirements for acceptable waste).
(b) The operator shall maintain analyses of the waste in accordance with § 287.134 on site for a minimum of 5 years after the analyses are performed. These records shall be made available to a representative of the Department upon request.
(c) A person or municipality shall immediately notify the Department if analysis under § 287.134 indicates that there is a significant change in the quality of the waste.
DAILY OPERATIONS
§ 288.211. Signs and markers.
(a) Permanent physical markers for the grid coordinate system and permit area markers shall be:
(1) Posted and maintained for the duration of the operations to which they pertain.
(2) Clearly visible, readable and uniform throughout the operation.
(3) Permanently fixed and made of a durable material.
(b) The perimeter of the site shall be clearly marked before the beginning of operations. The perimeter of a disposal area shall be clearly marked before the beginning of residual waste disposal within that area.
(c) The permanent physical markers for the grid coordinate system shall be installed at the locations in the permit, prior to the beginning of operations. The base line of the grid system shall be marked with two permanent monuments that show elevation.
(d) A person or municipality that operates a noncaptive residual waste landfill shall identify the facility for the duration of operations by posting and maintaining a sign which is clearly visible and can be easily seen and read at the junction of each access road and public road. The sign shall be constructed of a durable, weather-resistant material. The sign shall show the name, business address and telephone number of the person or municipality that operates the facility, the operating hours of the facility and the number of the current permit authorizing operation of the facility.
Source The provisions of this § 288.211 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226616).
Cross References The provisions of this § 288.212 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226616) to (226617).
Cross References The provisions of this § 288.213 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226617) to (226618).
Cross References The provisions of this § 288.214 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226618).
Cross References This section cited in 25 Pa. Code § 288.132 (relating to operation plan).
§ 288.215. Equipment.
(a) The operators shall maintain on the site equipment necessary for the operation of the facility in accordance with the permit. The equipment shall be maintained in an operable condition.
(b) If a breakdown of the operators equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and permit conditions.
Source The provisions of this § 288.215 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226618) to (226619).
Cross References This section cited in 25 Pa. Code § 288.132 (relating to operation plan).
§ 288.216. Unloading and compaction.
(a) Solid waste shall be spread and compacted in accordance with § 288.141 (relating to compaction and cover plan).
(b) The working face shall be kept to a size which can be easily compacted and covered daily, if daily cover is required, with available equipment.
(c) The following apply at each facility other than a local captive facility:
(1) An attendant or clearly marked signs shall direct vehicles to the unloading area.
(2) The operator shall ensure that collection vehicles unload waste promptly in unloading areas.
Source The provisions of this § 288.216 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226619).
Cross References The provisions of this § 288.217 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226619).
§ 288.218. Nuisance minimization and control.
(a) Vectors. An operator may not cause or allow the attraction, harborage or breeding of vectors.
(b) Odors.
(1) An operator shall implement the plan approved under § 288.136 (relating to nuisance minimization and control plan) to minimize and control public nuisances from odors. If the Department determines during operation of the facility that the plan is inadequate to minimize or control public nuisances, the Department may modify the plan or require the operator to modify the plan and obtain Department approval.
(2) An operator shall perform regular, frequent and comprehensive site inspections to evaluate the effectiveness of cover, capping, gas collection and destruction, waste acceptance and all other waste management practices in reducing the potential for offsite odor creation.
(3) An operator shall promptly address and correct problems and deficiencies discovered in the course of inspections performed under paragraph (2).
(c) Other. An operator shall implement the plan approved under § 288.136 to minimize and control other conditions that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.
Source The provisions of this § 288.218 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226619).
Cross References This section cited in 25 Pa. Code § 288.136 (relating to nuisance minimization and control plan); and 25 Pa. Code § 288.217 (relating to air resources protection).
§ 288.219. Salvaging.
(a) Salvaging of materials shall be controlled by the operator to prevent interference with prompt and sanitary operations and conducted to prevent a health hazard or nuisance.
(b) Salvaged material shall be promptly moved from the unloading area and either stored in an approved area under Chapter 299 (relating to storage and transportation of residual waste) or transported offsite.
§ 288.220. Litter.
(a) The operator may not allow litter to be blown or otherwise deposited offsite.
(b) Fences or other barriers sufficient to control blowing litter shall be located in the immediate operating area downwind from the working face. Fences or other barriers shall be constructed of mesh, snow fencing or other material approved by the Department as part of the permit.
(c) At least weekly, litter shall be collected from fences, roadways, treeline barriers and other barriers, and disposed or stored in accordance with the act and regulations thereunder, unless a greater frequency is set forth in the permit.
Cross References This section cited in 25 Pa. Code § 288.137 (relating to litter control plan).
§ 288.221. Daily volume
(a) A person or municipality operating a residual waste landfill may not receive solid waste at the landfill in excess of the maximum or average daily volume approved in the permit.
(b) The average daily volume is a limit on the volume of solid waste that is permitted to be received at the facility, and shall be computed annually by averaging the total volume received over the year.
Source The provisions of this § 288.221 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References The provisions of this § 288.222 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
COVER AND REVEGETATION
§ 288.231. [Reserved].
Source The provisions of this § 288.231 reserved January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226620).
§ 288.232. Daily cover.
(a) Except as provided in subsection (b), a uniform cover of the approved daily cover material shall be placed on exposed solid waste at the end of each working day, at the end of every 24 hours, or at the completion of every lift, whichever interval is less.
(b) The Department may waive the daily cover material requirements of this section in the permit if the operator demonstrates that the composition of solid waste disposed at the facility prevents vectors, odors, blowing litter and other nuisances, is noncombustible and allows loaded vehicles to successfully maneuver over it after placement without change in its properties and without regard to weather.
(c) The composition of the daily cover material shall meet the following performance standards. The daily cover shall:
(1) Prevent vectors, odors, blowing litter and other nuisances.
(2) Cover solid waste after it is placed without change in its properties and without regard to weather.
(3) Be capable of allowing loaded vehicles to successfully maneuver over it after placement.
(4) Be capable of controlling fires.
(5) Be consistent with the waste acceptance plan for the facility.
(d) A 5-day supply of cover material shall be maintained on the site.
Source The provisions of this § 288.232 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226621).
Cross References The provisions of this § 288.233 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226622) to (226623).
Cross References The provisions of this § 288.234 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226623) to (226624) and (266329).
Cross References This section cited in 25 Pa. Code § 288.141 (relating to compaction and cover plan); and 25 Pa. Code § 288.232 (relating to topsoil storage).
§ 288.235. Noncontiguous borrow areas.
Extraction and removal of cover and related material from offsite borrow areas shall be subject to a permit from the Department under the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § § 33013326), The Clean Streams Law and regulations promulgated thereunder, including Chapter 102 (relating to erosion and sediment control). Borrow areas located less than 300 feet from the disposal area shall be included in the permit area for the disposal facility as part of the permit application under this article.
§ 288.236. Revegetation.
(a) Vegetation shall be established on land affected by a residual waste landfill.
(b) Revegetation shall provide for an effective and permanent vegetative cover of the same seasonal variety as vegetation native to the site and capable of self-regeneration and plant succession. Introduced species may be used when desirable and necessary to achieve the approved postclosure land use. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species that is of equal or superior utility to native vegetation during each season of the year.
(c) Revegetation shall provide a quick-germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.
(d) Disturbed areas shall be seeded and planted when weather and planting conditions permit, but the seeding and planting of disturbed areas shall be performed no later than the first normal period for favorable planting after final grading.
(e) Fertilizer and lime shall be applied to disturbed areas as necessary to maintain plant growth.
(f) Mulch shall be applied to regraded areas where necessary to control erosion, promote germination of seeds and increase the moisture retention of the soil.
Cross References This section cited in 25 Pa. Code § 288.142 (relating to revegetation plan); 25 Pa. Code § 288.233 (relating to intermediate cover and slopes); 25 Pa. Code § 288.234 (relating to final cover and grading); and 25 Pa. Code § 288.242 (relating to soil erosion and sedimentation control).
§ 288.237. Standards for successful revegetation.
(a) The standard for successful revegetation shall be the percent of groundcover of the vegetation which exists on the site. The Department will not approve less than a 70% groundcover of permanent plant species. No more than 1% of the total area may have less than 30% groundcover. A single or contiguous area exceeding 3,000 square feet may not have less than 30% groundcover.
(b) Trees, woody shrubs or deep-rooted plants may not be planted or allowed to grow on the revegetated area of capped sites, unless otherwise allowed by the Department in the permit based on a demonstration that roots will not penetrate the cap or drainage layer.
Cross References This section cited in 25 Pa. Code § 288.142 (relating to revegetation plan); 25 Pa. Code § 288.233 (relating to intermediate cover and slopes); 25 Pa. Code § 288.234 (relating to final cover and grading); and 25 Pa. Code § 288.242 (relating to soil erosion and sedimentation control).
WATER QUALITY PROTECTION
§ 288.241. General requirements.
(a) The operator may not cause or allow a point or nonpoint source discharge in violation of The Clean Streams Law from or on the facility to surface waters of this Commonwealth.
(b) A residual waste landfill shall be operated to prevent and control water pollution. An operator shall operate and maintain necessary water treatment facilities until water pollution from the facility has been permanently abated.
(c) The operator may not cause or allow water pollution within or outside the site.
Cross References This section cited in 25 Pa. Code § 288.151 (relating to soil erosion and sedimentation control plan).
§ 288.244. Discharge structures.
Discharges from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices when necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance to surface water and groundwater. Discharge structures shall be designed and maintained according to standard engineering-design procedures, and shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
Cross References The provisions of this § 288.245 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (266332).
Cross References This section cited in 25 Pa. Code § 288.432 (relating to general limitations); and 25 Pa. Code § 288.532 (relating to general limitations).
WATER QUALITY MONITORING
§ 288.251. General requirements.
(a) A person or municipality that operates a residual waste landfill shall install, operate and maintain a monitoring system that can detect the entry of solid waste, solid waste constituents, leachate, contaminants, degradation or constituents of decomposition into the groundwater or surface water. The monitoring system shall comply with this section and § § 288.252288.258.
(b) A person may not construct, install or use a monitoring system for a residual waste landfill until that system has first been approved by the Department in writing.
Cross References This section cited in 25 Pa. Code § 288.123 (relating to groundwater quality description); 25 Pa. Code § 288.152 (relating to water quality monitoring plan); and 25 Pa. Code § 299.131 (relating to general requirements).
§ 288.252. Number, location and depth of monitoring points.
(a) The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry and flow systems on the site and adjacent area. The system shall consist of the following:
(1) At least one monitoring well at a point hydraulically upgradient from the disposal area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by the facility, except when the facility occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring wells shall be placed to determine the extent of adverse effects on groundwater from the facility.
(2) At least three monitoring wells at points hydraulically downgradient in the direction of decreasing static head from the area in which solid waste has been or will be disposed. In addition to the downgradient wells, the Department may allow one or more springs for monitoring points if the springs are hydraulically downgradient from the area in which solid waste has been or will be disposed, if the springs are developed and protected in a manner approved by the Department and if the springs otherwise meet the requirements of this subchapter.
(3) A leachate detection system for the disposal area, when r