§ 289.1. Scope.

 (a)  This chapter sets forth application and operating requirements for residual waste disposal impoundments. The requirements in this chapter are in addition to the applicable requirements in Chapter 287 (relating to residual waste management—general provisions).

 (b)  This chapter applies to two kinds of residual waste disposal impoundments.

   (1)  Class I residual waste disposal impoundments 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 disposal impoundments involve the disposal of residual wastes 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.

 (c)  This chapter includes residual waste disposal at impoundments that are permitted for industrial waste water treatment and discharge under The Clean Streams Law.

Subchapter B. APPLICATION REQUIREMENTS

PHASE I AND PHASE II APPLICATION

Sec.

§ 289.101. Two phase process.

 A person or municipality may submit an application for a permit to operate a residual waste disposal impoundment in two phases, known as Phase I and Phase II, in accordance with 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 disposal impoundment.

PHASE I APPLICATION REQUIREMENTS—
GENERAL PROVISIONS

§ 289.111. Basic requirements.

 The Phase I application shall:

   (1)  Comply with § §  289.112—289.114 and 289.121—289.128.

   (2)  Comply with Chapter 287, Subchapter C (relating to general requirements for permits and permit applications).

 An application to operate a residual waste disposal impoundment 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 or 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.

   The provisions of this §  289.112 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226704).

 (a)  An application shall contain a topographic map, on a scale of 1 inch equals no more than 200 feet with 10-foot maximum contour intervals. The Department may, in writing, approve the use of a different horizontal scale. The application shall include the map and necessary narrative descriptions, which show the following:

   (1)  Boundaries and names of the present owners of record of land, both surface and subsurface, and including easements, rights-of-way and other property interests, for the proposed permit area and adjacent area; and a description of title, deed or usage restrictions affecting the proposed permit area.

   (2)  The boundaries of the land to be affected during the estimated total life of the proposed operation, including the boundaries of areas that will be affected in each sequence of disposal impoundment activity and boundaries of areas that will be used for impoundments.

   (3)  The location of the areas on and off the permit area which are proposed to be excavated to obtain earthen material for the construction of the facility, for cover material, for the liner system and for other construction purposes.

   (4)  The location and name of public and private water sources within 1/2 mile of the proposed facility. If more than 50 wells are located within the 1/2-mile radius, the applicant may identify only the closest wells in each direction and generally describe the location and number of wells further away.

   (5)  The location, name and elevation of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches within 1/4 mile of the proposed facility.

   (6)  The location of the active and inactive gas and oil wells, active and inactive surface and underground coal and noncoal mines, coal seams to a depth of 500 feet, mine spoil piles, dumps, dams, embankments and mine pool discharge points within 1/4 mile of the proposed facility.

   (7)  The location of rights-of-way for high-tension power lines, pipelines, railroads and public and private roads within 1/4 mile of the proposed facility.

   (8)  The location of buildings in use within 1/4 mile of the proposed facility.

   (9)  If solid waste disposal or processing has previously taken place within 1/4 mile of the proposed facility, the names of the owners or operators, or both, of the facility, the type of solid waste processed or disposed, and if applicable, cross sections indicating the interface details between areas previously filled and areas to be filled.

   (10)  The anticipated location of water quality monitoring points.

   (11)  The boundaries of land within the proposed permit area and adjacent areas identified in §  289.422 or §  289.522 (relating to areas where Class I residual waste disposal impoundments are prohibited; and areas where Class II residual waste disposal impoundments are prohibited), whichever is applicable.

   (12)  The elevation and location of test borings and core samplings taken under §  289.122 (relating to geology and groundwater description), and the location of test pits or excavations taken under §  289.124 (relating to soil description).

   (13)  The municipalities in which the permit area is proposed to be located.

   (14)  The location of sinkholes, fractures, fracture traces, outcrops, lineaments and mine pools in the proposed permit area and adjacent area.

   (15)  The location of water discharges into a surface body of water in the proposed permit area and adjacent area.

   (16)  The location of 100-year floodplain boundaries in the proposed permit area and adjacent area.

 (b)  An application shall contain a topographic map showing the location and name of public water sources within 3 miles downstream or downgradient from the proposed facility, and the boundary of the proposed permit area. The map shall be on a scale of 1 inch equals no more than 2,000 feet with 20-foot maximum contour intervals, including necessary narrative descriptions.

   The provisions of this §  289.113 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226704) to (226706).

 The application shall include a plan, including necessary drawings, designs, specifications, timetables, waste analyses, and narrative descriptions, to solidify the waste under §  289.212 (relating to waste solidification). The plan shall include laboratory and field test results showing that the waste can be solidified as proposed.

   This section cited in 25 Pa. Code §  289.111 (relating to basic requirements).

PHASE I APPLICATION REQUIREMENTS—SITE ANALYSIS

§ 289.121. Description of geology, soils and hydrology; general requirements.

 In preparing the soils, geology and hydrology descriptions required by this section and § §  289.122—289.127 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 § §  289.122—289.128 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.

   The provisions of this §  289.121 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226706).

 (a)  An application shall contain a description of the geology and groundwater in the proposed permit area and adjacent areas down to and including the lowest aquifer that may be affected by the facility, including the following:

   (1)  The results of a sufficient number of test borings and core borings to accurately characterize geology, soils, groundwater flow, groundwater chemistry and flow systems of the proposed permit area and adjacent area, which shall be at least three test borings. At least one test boring shall be a core boring. The applicant shall include the actual surface elevations of the drill holes.

   (2)  The stratigraphy, lithologic, physical characteristics and thickness of each stratum, including the location and depth of aquifers.

   (3)  The hydrologic characteristics of each aquifer described in paragraph (2), including field test data for hydraulic conductivity, storage coefficient and transmissivity, groundwater hydraulic gradient and velocity. The description of these characteristics shall be based on multiple well aquifer tests. Alternative techniques approved by the Department may be employed when multiple well aquifer tests are not feasible. The application shall include the procedures and calculations used to determine these characteristics.

   (4)  The geologic structure within the proposed permit area and adjacent area, and its relation to the regional geological structure.

   (5)  The uses of each aquifer.

   (6)  The aquifer characteristics necessary to accurately describe three dimensional groundwater flow through the proposed permit area and adjacent area, including storage and discharge characteristics.

   (7)  The extent of coal and noncoal mineral deposits and mines within the proposed permit area, as required by §  289.127 (relating to mineral deposits information).

   (8)  Wellhead protection areas in accordance with §  109.1 (relating to definitions) that may be impacted by the facility.

   (9)  A groundwater contour map based upon the highest groundwater level recorded monthly in each boring for the previous year. The Department may require more frequent measurements after significant precipitation events.

 (b)  A boring or coring not cased and capped and not to be used for groundwater monitoring shall be grouted shut or otherwise sealed in a manner approved by the Department.

   The provisions of this §  289.122 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226706) to (226707).

 (a)  An application shall contain a description of the chemical characteristics of each aquifer in the proposed permit area and adjacent area, based on at least two quarters, one of which shall include the season of highest local groundwater levels. This description shall be based on quarterly sampling and analysis from each monitoring well for the following parameters:

   (1)  Ammonia-nitrogen, bicarbonate, calcium, chloride, chemical oxygen demand, fluoride, nitrate-nitrogen, pH, specific conductance, total dissolved solids, total organic carbon, turbidity, iron, manganese, sulfate, total alkalinity, potassium and sodium.

   (2)  Groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.

   (3)  Total and dissolved concentrations of each of the following:  arsenic, barium, cadmium, chromium, copper, lead, magnesium, mercury, selenium, silver and zinc.

   (4)  Tetrachloroethene, trichloroethene, 1,1,1 trichloroethane, 1,2 dibromoethane, 1,1 dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1 dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethylbenzene, benzene and xylene.

   (5)  Other constituents contained in the waste that may leach into the environment, as determined under §  287.132 (relating to chemical analysis of waste).

 (b)  For residual waste disposal impoundments permitted by the Department after July 4, 1992, 1 year of data consistent with this section shall be taken prior to the disposal or storage of a waste at the facility. If the facility is to be permitted under § §  287.111 and 287.113 (relating to notice by impoundments and unpermitted processing or disposal facilities; and permitting procedure for unpermitted processing or disposal facilities), the 1 year of data shall be taken prior to issuance of the permit.

 (c)  Monitoring wells under this section shall be designed, constructed and maintained in accordance with § §  289.261—289.263 (relating to general requirements; number, location and depth of monitoring points; and standards for casing of wells). Sampling and analysis shall be conducted in accordance with a plan approved by the Department under §  289.152(b) (relating to water quality monitoring plan).

 (a)  An application 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 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)  In preparing the description of soils and elevations, the applicant shall:

   (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 or offsite borrow area.

   (2)  Use the following soil classification systems:

     (i)   For intermediate and final cover, the United States Department of Soil Classification System. The United States Department of Agriculture’s Soil Classification System is published in “Soil Taxonomy”—Agriculture Handbook #436 of the United States Department of Agriculture, Soil Conservation Service, and is available from the Department or the National Technical Center of the Soil Conservation Service, 160 E. 7th Street, Chester, Pennsylvania 19013-6092.

     (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 D 422 (Standard Method for Particle-Size Analysis of Soils) or another analytical method approved, in writing, by the Department prior to the analysis.

   The provisions of this §  289.124 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226708) to (226709).

 (a)  An application shall contain a description of surface waters in the proposed permit area and adjacent areas including, at a minimum:

   (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)  The 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 macroinvertebrate 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 §  289.123 (relating to groundwater quality description).

 (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 applicant’s 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.

 (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 the existing workings underlying and within 1,000 feet of 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 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.

   The provisions of this §  289.127 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226710) to (226711).

 An applicant shall notify the Bureau of Aviation of the Pennsylvania Department of Transportation, the Federal Aviation Administration and the airport if a proposed disposal impoundment 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.

   The provisions of this §  289.128 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

   This section cited in 25 Pa. Code §  289.111 (relating to basic requirements); and 25 Pa. Code §  289.121 (relating to description of geology, soils and hydrology; general requirements).

PHASE II APPLICATION REQUIREMENTS—
GENERAL PROVISIONS

§ 289.131. Basic requirements.

 (a)  The Phase II permit application shall:

   (1)  Comply with this section and § §  289.132—289.138, 289.141, 289.142, 289.151, 289.152, 289.161—289.163, 289.171 and 289.172.

   (2)  Comply with 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 § §  289.132—289.138, 289.141, 289.142, 289.151, 289.152, 289.161—289.163, 289.171 and 289.172 shall be on a scale in which 1 inch equals no more than 200 feet with 10-foot maximum contour intervals.

 An application shall contain a description of the residual waste disposal impoundment operations proposed during the life of the facility within the proposed permit area, including, at a minimum, the following:

   (1)  A narrative describing the type and method of residual waste disposal impoundment procedures, procedures for inspection and monitoring of incoming waste, sequence of disposal activity, type of disposal activity, proposed engineering techniques and the major equipment to be used under §  289.225 (relating to equipment), using the maps and grids required by §  289.133 (relating to map and grid requirements) as a basis for the description.

   (2)  A narrative explaining the method and schedule for construction, operation, modification, use, maintenance and removal of the following components of the proposed facility, unless their retention is proposed for postclosure land use:

     (i)   Dams, embankments, ditches and other impoundments.

     (ii)   Borrow pits, soil storage and handling areas and structures.

     (iii)   Water and air pollution control facilities.

     (iv)   Erosion and sedimentation control facilities.

     (v)   Equipment storage and maintenance buildings, and other buildings.

     (vi)   Access roads.

   (3)  A construction schedule and sequence of operations, and a site preparation plan and a schedule for disposing of solid waste at the site.

   (4)  An explanation of how the applicant intends to comply with §  289.224 (relating to measurement and inspection of waste).

   (5)  A plan for assuring that solid waste received at the facility is consistent with the following:

     (i)   Section 289.201 (relating to basic limitations).

     (ii)   Section 289.423 or §  289.523 (relating to minimum requirements for acceptable waste; and minimum requirements for acceptable waste), whichever applies.

   (6)  The proposed operating hours of the proposed facility. The operating hours include those hours related to construction and other activities related to operation of the facility.

   The provisions of this §  289.132 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226711) to (226712).

 (a)  An application shall contain a topographic map of the proposed permit and adjacent areas showing the following:

   (1)  The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of disposal and closure.

   (2)  A change in a component of the facility or a feature within the proposed permit area to be caused by the proposed operation.

   (3)  Buildings, utility corridors and facilities which will be used in the operation.

   (4)  The areas of land for which a bond will be posted under Chapter 287, Subchapter E (relating to bonding and insurance requirements).

   (5)  The solid waste storage, processing or unloading areas.

   (6)  The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.

   (7)  The gas management, collection and control facilities, if required.

   (8)  The boundaries of construction activities.

   (9)  The location of barriers, fences and similar structures required by §  289.222 (relating to access control).

   (10)  The location of each sedimentation pond, permanent water impoundment or similar facility.

   (11)  The location of access roads to the site, including slopes, grades and lengths of the roads.

   (12)  The location and identity of monitoring wells.

   (13)  For noncaptive residual waste disposal impoundments, a designated area for vehicles for use in the event of the detection of waste containing radioactive material. The designated area shall, by location or shielding, protect the environment, facility staff and public from radiation originating in the vehicle. The Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, describes various factors to consider in determining an appropriate designated area.

 (b)  The applicant shall also submit a grid coordinate system for the entire proposed permit area. The horizontal control system shall consist of a grid not to exceed 200-foot square sections unless the facility is larger than 250 acres and the Department approves, in writing, the use of a grid that exceeds 200-foot square sections. A permanent benchmark for horizontal and vertical control shall be shown. The grid system shall be a state or universal grid system and shall be tied to the benchmark and the baseline.

   The provisions of this §  289.133 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226712) to (226713).

 The application shall contain designs, cross sections and specifications for access roads, including load limits, in accordance with §  289.223 (relating to access roads).

   The provisions of this §  289.134 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226713).

 The application shall contain plans sufficient to demonstrate compliance with §  289.222 (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.

 (a)  The application shall contain a plan in accordance with §  289.228 (relating to nuisance minimization and control) to minimize and control hazards or nuisances from vectors, odors, noise, dust, unsightliness and other nuisances not otherwise provided for in the permit application.

 (b)  The plan shall include the following:

   (1)  Provisions for the routine assessment and control of vector infestation.

   (2)  Methods to minimize and control nuisances from odors, dustfall and noise off the property boundary from the facility.

   (3)  For odors, the determination of normal and adverse weather conditions based on site-specific meteorological data. Prior to the installation of equipment and collection of meteorological data, a protocol for the installation and data collection shall be approved by the Department.

 (c)  The plan required in subsection (a) may include a contractual arrangement for services of an exterminator or an air quality, noise, dust control or other professional.

   The provisions of this §  289.136 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226713).

 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).

   The provisions of this §  289.137 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

 (a)  An application for a noncaptive residual waste disposal impoundment shall contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting.

 (b)  The action plan shall be prepared in accordance with the Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety and which meets all statutory and regulatory requirements.

 (c)  The action plan shall be incorporated into the disposal impoundment’s approved waste analysis plan under §  287.134 (relating to waste analysis plan).

   The provisions of this §  289.138 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

   This section cited in 25 Pa. Code §  287.135 (relating to transition period for radiation monitoring); 25 Pa. Code §  289.131 (relating to basic requirements); and 25 Pa. Code §  289.230 (relating to radiation monitoring and response for noncaptive residual waste disposal impoundments).

PHASE II APPLICATION REQUIREMENTS—
COVER AND REVEGETATION

§ 289.141. Cover plan.

 An application shall contain a plan for cover at the proposed facility under §  289.242 (relating to cover) including, at a minimum, the following information:

   (1)  The procedures for application of cover material.

   (2)  The procedures to establish elevation and grade of final cover.

   The provisions of this §  289.141 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226714).

 An application shall contain a plan for revegetation of affected areas in accordance with § §  289.244 and 289.245 (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.

   This section cited in 25 Pa. Code §  289.131 (relating to basic requirements).

PHASE II APPLICATION REQUIREMENTS—WATER
QUALITY PROTECTION AND MONITORING

§ 289.151. 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 and § §  289.252—289.254 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. The calculations which are necessary to support design and siting shall be included in the plan.

 (a)  An application shall contain a water quality monitoring plan showing how the operator intends to comply with § §  289.261—289.268 (relating to water quality monitoring). The plan shall include, at a minimum, the following:

   (1)  The number, location and design of proposed monitoring points.

   (2)  For new facilities, preoperational data showing existing groundwater quality, as required by §  289.123 (relating to groundwater quality description), and a procedure to establish this groundwater quality. For existing facilities, adequate monitoring data as required by §  288.123 (relating to groundwater quality description) to characterize background groundwater quality and a procedure to establish this groundwater quality.

 (b)  The application shall contain a groundwater sampling and analysis plan. The plan shall include:

   (1)  Procedures and techniques designed to accurately measure groundwater quality upgradient, beneath and downgradient of the proposed waste disposal area.

   (2)  Department approved sampling and analytical methods that are specific to the proposed facility and that will accurately measure solid waste, solid waste constituents, leachate or constituents of decomposition in the groundwater.

   (3)  Procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, chain of custody control and field and laboratory quality assurance and quality control.

   (4)  Procedures and techniques for evaluation of analytical results to determine if groundwater degradation has occurred.

 (c)  The Department may approve the use of an alternate groundwater monitoring system for facilities located in the anthracite coal region if the applicant demonstrates the following to the Department’s satisfaction with a detailed hydrogeologic study:

   (1)  The nature and extent of underground coal mining beneath the proposed facility makes impracticable the installation of the groundwater monitoring system required by this subchapter.

   (2)  The proposed alternate system is capable of completely and accurately identifying adverse effects on groundwater from the proposed facility.

   The provisions of this §  289.152 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226715) to (226716).

   This section cited in 25 Pa. Code §  289.123 (relating to groundwater quality description); 25 Pa. Code §  289.131 (relating to basic requirements); 25 Pa. Code §  289.265 (relating to reporting of analysis results and data evaluation) and 25 Pa. Code §  299.143 (relating to application requirements).

PHASE II APPLICATION REQUIREMENTS—
MISCELLANEOUS PROVISIONS

§ 289.161. Impoundment plan.

 The application shall contain a plan, including specifications, designs and cross sections, in accordance with § §  289.271—289.274 (relating to impoundments). The plan shall include, at a minimum:

   (1)  The proposed volumetric capacity of each impoundment.

   (2)  A schedule for construction and operation of each impoundment.

   (3)  A slope stability analysis of the dike system that is proposed to support the impoundment.

 (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 §  289.282 (relating to gas control and monitoring) 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 §  289.283 (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.

 An application shall contain a contingency plan consistent with § §  289.291—289.293 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s most recent guidelines for the development and implementation of PPC plans.

   This section cited in 25 Pa. Code §  289.131 (relating to basic requirements).

PHASE II APPLICATION REQUIREMENTS—
CLOSURE PROVISIONS

§ 289.171. 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.

 (a)  The application shall contain a plan describing the activities that are proposed to occur in preparation for closure and after closure to ensure compliance with this chapter.

 (b)  The closure plan shall include:

   (1)  A plan for the decontamination and removal of equipment, structures and related material from the facility.

   (2)  An estimate of the year in which final closure will occur, including an explanation of the basis for the estimate.

   (3)  A description of the steps necessary for closure if the facility closes prematurely.

   (4)  A narrative description, including a schedule of measures that are proposed to be carried out in preparation for closure and after closure at the facility, including measures relating to the following:

     (i)   Water quality monitoring.

     (ii)   Gas control and monitoring.

     (iii)   Leachate collection and treatment.

     (iv)   Erosion and sedimentation control.

     (v)   Revegetation and regrading, including maintenance of the final cover.

     (vi)   Access control, including maintenance of access control.

   (5)  A description of the means by which funds will be made available to cover the cost of postclosure operations, which shall include an assessment of projected postclosure maintenance costs, a description of how the necessary funds will be raised, a description of where the funds will be deposited, copies of relevant legal documents and a description of how the funds will be managed prior to closure.

   (6)  The name, address and telephone number at which the operator may be reached during the postclosure period.

 (c)  A person or municipality may propose, as part of the closure plan submitted under this section, to remove standing liquids, waste and waste residues, liners, and underlying and surrounding contaminated soil, and to dispose of the waste material at a solid waste management facility that is permitted to accept the waste. The person or municipality may request final closure certification under §  287.342 (relating to final closure certification) upon completion of a closure plan approved under this subsection.

   The provisions of this §  289.172 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226718) to (226719).

   This section cited in 25 Pa. Code §  289.131 (relating to basic requirements); and 25 Pa. Code §  289.312 (relating to closure).

Subchapter C. OPERATING REQUIREMENTS

GENERAL PROVISIONS

Sec.

§ 289.201. Basic limitations.

 (a)  Except as provided in subsection (b), a person or municipality may not own or operate a residual waste disposal impoundment unless the Department has first issued a permit to the person or municipality for the facility under this chapter.

 (b)  A person or municipality may conduct monitoring under §  289.123 (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 disposal impoundment 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, the Department’s regulations 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)  All approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless otherwise authorized in writing by the Department for technical reasons.

 (f)  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.

 (g)  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.

 (h)  The limitations in subsections (f) and (g) do not apply to radioactive material as found in the undisturbed natural environment of the Commonwealth.

   The provisions of this §  289.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226721) to (226722).

 (a)  The operator shall submit a certification by a Pennsylvania registered professional engineer on forms provided by the Department upon completion of each major construction activity identified in the permit for each phase or sequence of construction at the facility. Major construction activities include:

   (1)  Construction of the groundwater monitoring system.

   (2)  Construction of the subbase.

   (3)  Construction of the secondary liner.

   (4)  Construction of the leachate detection zone.

   (5)  Construction of the primary liner.

   (6)  Construction of the protective cover and the collection system within the protective cover.

   (7)  Construction of a leachate treatment facility.

   (8)  Construction of a sedimentation pond.

   (9)  Closure.

   (10)  Final closure.

 (b)  The certification shall describe the construction activity and the phase or sequence of construction being certified, using drawings and plans when appropriate. The certification shall include testing results to prove compliance with the approved quality assurance plan. The certification shall state that the actual construction was observed by the engineer or persons under his direct supervision, and that the supervision was carried out in a manner that is consistent with the approved permit.

 (c)  Upon completion of each construction activity described in subsection (a) other than construction of a leachate treatment facility, the operator shall notify the Department that the construction activity is ready for inspection. Waste may not be disposed in the area subject to the inspection until the Department has conducted an inspection that has transmitted its written approval to the permittee indicating that construction was done according to the permit. The Department may, as part of an approved quality assurance and control plan, authorize a Pennsylvania registered professional engineer who is on the site continuously during construction to certify completion of a construction activity and authorize continuation of the next phase of construction activity prior to written approval from the Department.

   This section cited in 25 Pa. Code §  299.144 (relating to operating requirements).

WASTE LIMITATIONS

§ 289.211. 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, §  289.201 (relating to basic limitations) and whichever of the following sections is applicable:

   (1)  Section 289.423 (relating to minimum requirements for acceptable waste).

   (2)  Section 289.523 (relating to minimum requirements for acceptable waste).

 (b)  The operator shall maintain analyses of the waste under §  287.134 onsite for a minimum of 5 years after the analyses are performed. These records shall be made available to any representative of the Department upon request.

 (a)  A person or municipality may not dispose of residual waste at a residual waste disposal impoundment unless the waste meets both of the following:

   (1)  The free liquid fraction of the waste shall readily separate from the solid fraction and shall be collected and discharged in accordance with this chapter.

   (2)  The waste shall solidify by a chemical or physical process concurrently with disposal or within the shortest period of time technologically practicable. Except for impoundments subject to § §  289.438(c) and 289.537(c) (relating to leachate collection system within protective cover; and leachate collection system within protective cover), the waste shall solidify prior to closure.

 (b)  The waste in the impoundment after the requirements of subsection (a) have been met shall be capable of withstanding a minimum bearing capacity of 1.5 tons per square foot with a minimum factor of safety of 1.5. The bearing capacity and minimum factor of safety may be waived by the Department in the permit based upon the postclosure use of the facility.

   The provisions of this §  289.212 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226723).

   This section cited in 25 Pa. Code §  289.114 (relating to waste solidification plan); 25 Pa. Code §  289.438 (relating to leachate collection system within protective cover); and 25 Pa. Code §  289.537 (relating to leachate collection system within protective cover).

DAILY OPERATIONS

§ 289.221. Signs and markers.

 (a)  Permanent physical elevation markers for the impoundment area 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.

 (c)  The permanent physical elevation markers shall be installed at the locations in the permit, prior to the beginning of disposal operations.

 (d)  A person or municipality that operates a noncaptive residual waste disposal impoundment 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.

 (a)  At facilities except local captive facilities the following requirements apply:

   (1)  A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.

   (2)  The operator shall maintain a fence or other suitable barrier around the site, including impoundments, lagoons, leachate collection and treatment systems and gas processing facilities, sufficient to prevent unauthorized access.

   (3)  Access to the site shall be limited to times when an attendant is on duty.

 (b)  At local captive facilities, the operator shall comply with subsection (a) unless the Department approves in the permit alternative means of protecting access to the site that afford an equivalent degree of protection.

   The provisions of this §  289.222 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226724).

 (a)  Access roads shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the site.

 (b)  Crossing of a perennial or intermittent stream or a wetland shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (c)  An access road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 25-year, 24-hour precipitation event. For roads that are used or in existence for more than 30 days, the drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by §  289.252 (relating to soil erosion and sedimentation control).

 (d)  An access road shall be paved or surfaced with asphalt, gravel, cinders or other equivalent material approved by the Department in the permit. An access road shall be capable of withstanding the load limits projected by the applicant under §  289.134 (relating to plan for access roads). The maximum sustained grade of an access road may not exceed 12% unless otherwise approved by the Department for captive facilities.

 (e)  Except for captive facilities where the Department has set forth alternate requirements in the permit and except for roads not leading to the disposal area, the disposal impoundment shall maintain a minimum cartway width of one of the following:

   (1)  Twenty-two feet for two-way traffic.

   (2)  Twelve feet for one-way traffic with pull-off intervals every 100 yards or a greater distance where there is a clear view of approaching vehicles.

 (f)  An access road negotiable by loaded collection vehicles shall be provided from the entrance gate of the facility to each unloading area. An access road shall be provided to each treatment facility, impoundment, and groundwater monitoring point. Other monitoring points shall be readily accessible.

 (g)  Disturbed areas adjacent to a road shall be vegetated or otherwise stabilized to prevent erosion.

 (h)  An access road shall be maintained to control dust and to prevent or control the tracking of mud on and off the site.

 (i)  An access road shall be designed, constructed and maintained to allow the orderly egress and ingress of vehicular traffic when the facility is in operation, including during inclement weather.

   The provisions of this §  289.223 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226725) to (226726).

 (a)  For a noncaptive facility that has received, is receiving or will receive 30,000 or more cubic yards of solid waste in a calendar year, the following apply:

   (1)  Except as provided in paragraph (2), the operator shall weigh solid waste when it is received. The scale used to weigh solid waste shall conform to 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act) and 70 Pa. Code Part I (relating to weighmasters). The operator of the scale shall be a licensed public weighmaster under 3 Pa.C.S. Chapter 41 and 70 Pa. Code Part I.

   (2)  The Department may approve, in the permit, an alternative method of accurately measuring waste when it is received.

 (b)  For other facilities, solid waste received or disposed of at the facility shall be accurately weighed or otherwise accurately measured.

 (c)  The operator of a facility shall inspect and monitor incoming waste to ensure that the receipt of waste is consistent with this article.

   The provisions of this §  289.224 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226726).

 (a)  The operator 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 operator’s equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and permit conditions.

   The provisions of this §  289.225 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226726).

 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.

 (a)  The operator shall implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. § §  4001—4015); Article III (relating to air resources) and §  289.228 (relating to nuisance minimization and control). Minimization and control measures shall include the following:

   (1)  Ensuring that operation of the facility will not cause or contribute to an exceedance of an ambient air quality standard under §  131.3 (relating to ambient air quality standards).

   (2)  Ensuring that no open burning occurs at the facility.

   (3)  Minimizing the generation of fugitive dust emissions from the facility.

 (b)  The operator shall comply with the terms and conditions of an air quality plan approval and air quality operating permit issued to the facility.

   The provisions of this §  289.227 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226726) to (226727).

 (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 §  289.136 (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 §  289.136 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.

   The provisions of this §  289.228 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226727).

 (a)  A person or municipality operating a residual waste impoundment may not receive solid waste at the impoundment 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.

   The provisions of this §  289.229 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

 (a)  An operator shall implement the action plan approved under §  289.138 (relating to radiation protection action plan).

 (b)  An operator shall monitor incoming waste in accordance with the Department’s ‘‘Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities,” Document Number 250-3100-001, or in a manner at least as protective of the environment, facility staff and public health and safety. Monitoring shall meet the requirements of this section and the facility’s approved radiation protection action plan.

 (c)  Radiation detector elements shall be as close as practical to the waste load and in an appropriate geometry to monitor the waste. The radiation monitoring system shall be set to alarm at a level no higher than 10 microroentgen per hour (uR/hr) above the average background at the facility when any of the radiation detector elements is exposed to a Cesium-137 gamma radiation field. Radiation detector elements shall be shielded to maintain the average background below 10 uR/hr. If capable of energy discrimination, the radiation monitoring system shall be set to detect gamma rays of a 50 kiloelectron volt (keV) energy and higher.

 (d)  An operator shall have portable radiation monitors capable of determining the radiation dose rate and presence of contamination on a vehicle that has caused an alarm. Upon a confirmed exceedance of the alarm level in subsection (c), a radiological survey of the vehicle shall be performed.

 (e)  An operator shall notify the Department immediately and isolate the vehicle when radiation dose rates of 20 µSv/hr (2 mrem/hr) or greater are detected in the cab of a vehicle, 500 µSv/hr (50 mrem/hr) or greater are detected from any other surface, or contamination is detected on the outside of the vehicle.

 (f)  Monitoring equipment shall be calibrated at a frequency specified by the manufacturer, but not less than once a year.

 (g)  If radioactive material is detected, the vehicle containing the radioactive material may not leave the facility without written Department approval and an authorized Federal Department of Transportation Exemption Form.

   The provisions of this §  289.230 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

COVER AND REVEGETATION

§ 289.241. [Reserved].

 (a)  The operator shall place final cover within 1 year after closure. The Department may require placement and revegetation of an intermediate cover that meets the requirements of §  288.233 (relating to intermediate cover and slopes), during the period between closure and construction of the final cover system.

 (b)  Except as provided in subsection (c), the operator shall provide final cover in the following manner:

   (1)  A cap shall be placed and graded over the entire surface of each final lift. The cap may be no more permeable than 1.0 x 10^-7 cm/sec. The following performance standards for the cap shall be met:

     (i)   The cap shall minimize the migration of precipitation into the landfill.

     (ii)   The cap shall be resistant to physical and chemical failure.

     (iii)   The cap shall cover all areas where waste is disposed.

   (2)  A drainage layer capable of transmitting flow and preventing erosion of the soil layer shall be placed over the cap.

   (3)  A uniform layer of material shall be placed over the drainage layer. The layer of material shall support vegetation and protect the cap.

 (c)  The Department may waive the cap and drainage layer requirements of subsection (b)(1) and (2) based on a demonstration that it is not necessary to limit infiltration into the waste.

 (d)  Unless alternative design requirements to meet the performance standards in subsection (b)(1) are approved as part of the permit under §  287.231 (relating to equivalency review procedure), the cap shall meet the design requirements for caps in Appendix A, Table II (relating to minimum liner design standards).

 (e)  The layer of material described in subsection (b)(3) and intermediate cover, if required, shall meet the following performance standards. Cover material shall:

   (1)  Prevent vectors, odors and other nuisances.

   (2)  Cover residual waste after it is placed without change in its properties and without regard to weather.

   (3)  Be capable of controlling fires.

   (4)  Be capable of supporting the germination and propagation of vegetative cover as required by § §  289.244 and 289.245 (relating to revegetation; and standards for successful revegetation).

   (5)  Not crack excessively when dry.

   (6)  Be capable of preventing frost damage to the cap.

   (7)  For intermediate cover, compact well.

   (8)  Be consistent with the waste acceptance plan.

 (f)  Unless alternative design requirements to meet the performance standards in subsection (e) are approved as part of the permit under §  287.231, the layer of material described in subsection (b)(3) shall meet the following design requirements:

   (1)  The cover soil shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam.

   (2)  At least 40% by weight of the cover soil shall be capable of passing through a 2 millimeter, No. 10 mesh sieve.

   (3)  The cover may not include rocks that are greater than 6 inches in diameter.

   (4)  The layer of cover soil shall be at least 2 feet thick.

   The provisions of this §  289.242 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226727) to (226728).

 (a)  Vegetation shall be established on land affected by a residual waste disposal impoundment.

 (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 plan 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 by 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.

 (a)  The standard for successful revegetation shall be the percent of ground cover of the vegetation which exists on the site. The Department will not approve less than a 70% ground cover of permanent plant species. No more than 1% of the total area may have less than 30% ground cover. A single or contiguous area exceeding 3,000 square feet may not have less than 30% ground cover.

 (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.

   This section cited in 25 Pa. Code §  289.142 (relating to revegetation plan); 25 Pa. Code §  289.242 (relating to cover); and 25 Pa. Code §  289.252 (relating to soil erosion and sedimentation control).

WATER QUALITY PROTECTION

§ 289.251. 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 the Commonwealth.

 (b)  A residual waste disposal impoundment 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.

 (a)  The operator shall manage surface water and control soil erosion and sedimentation, based on the 24-hour precipitation event in inches to be expected once in 25 years.

 (b)  The operator shall:

   (1)  Prevent or minimize surface water run-on into the solid waste deposited at the facility.

   (2)  Meet the requirements of Chapter 102 (relating to erosion and sediment control).

   (3)  Prevent soil erosion and sedimentation to the maximum extent possible.

 (c)  When rills or gullies deeper than 9 inches form in areas that have been regraded and planted, the rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted according to § §  289.244 and 289.245 (relating to revegetation; and standards for successful revegetation). Rills or gullies of lesser size shall be stabilized and the area reseeded or replanted if the rills or gullies are disruptive to the approved postclosure land use or may result in additional erosion and sedimentation.

 (a)  Surface drainage from the disturbed area, including areas that have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the site. The Department may, in the permit, waive the required use of sedimentation ponds when a person or municipality demonstrates to the satisfaction of the Department that sedimentation ponds are not necessary to meet the requirements of §  289.251 (relating to general requirements).

 (b)  Sedimentation ponds shall be constructed, operated and maintained under this section and Chapter 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management) and the minimum design criteria contained in the United States Soil Conservation Service’s Engineering Standard 378, ‘Pond’ Pa.

 (c)  Sedimentation ponds and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.

 (d)  Ponds shall include a nonclogging dewatering device approved by the Department that will permit the draining of the water from the pond. The dewatering device may not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.

 (e)  Ponds shall be designed, constructed and maintained to prevent short circuiting to the maximum extent possible.

 (f)  The design, construction and maintenance of a sediment pond under this section does not relieve the person or municipality that operates a facility of the responsibility for complying with the applicable treatment requirements and effluent limitations established under §  289.251.

 (g)  At a minimum, sedimentation ponds shall be capable of managing the runoff resulting from a 25-year, 24-hour precipitation event.

 Discharges from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipaters, riprap channels or other devices when necessary to reduce erosion, to prevent deepening or enlargement of stream channels and to minimize disturbance to surface 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).

 (a)  A person or municipality operating a residual waste disposal impoundment which adversely affects a water supply by degradation, pollution or other means shall restore the affected supply at no additional cost to the owner or replace the affected water supply with an alternate source that is of like quantity and quality to the original supply at no additional cost to the owner.

 (b)  A temporary water supply shall be provided as soon as practicable but not later than 48 hours after one of the following:

   (1)  Receipt of information showing that the operator is responsible for adversely affecting the water supply.

   (2)  Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.

 (c)  A permanent water supply shall be provided as soon as practicable but not later than 90 days after one of the following:

   (1)  Receipt of information showing that the operator is responsible for adversely affecting the water supply.

   (2)  Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.

 (d)  Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.

   The provisions of this §  289.255 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266335) to (266336).

   This section cited in 25 Pa. Code §  289.432 (relating to general limitations); 25 Pa. Code §  289.532 (relating to general limitations); and 25 Pa. Code §  299.144 (relating to operating requirements).

WATER QUALITY MONITORING

§ 289.261. General requirements.

 (a)  A person or municipality that operates a residual waste disposal impoundment 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 ground or surface water. The monitoring system shall comply with this section and § §  289.262—289.268.

 (b)  A person may not construct, install or use a monitoring system for a residual waste disposal impoundment until that system has first been approved by the Department in writing.

 (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, at a minimum, 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 required for the facility.

   (4)  A leachate collection system for the disposal areas, when required for the facility.

   (5)  Surface water monitoring points approved by the Department.

 (b)  The upgradient and downgradient monitoring wells shall be:

   (1)  Sufficient in number, location and depth to be representative of water quality.

   (2)  Located so that they do not interfere with routine facility operations.

   (3)  Located within 200 feet of the permitted disposal area, except as necessary to comply with subsection (c), and located at the points of compliance.

 (c)  In addition to the requirements of subsection (b), upgradient monitoring wells shall be located so that they will not be affected by adverse effects on groundwater from the disposal area.

 (d)  In addition to the requirements of subsection (b), downgradient monitoring wells shall be located so that they will provide early detection of adverse effects on groundwater from the disposal area.

 (e)  Wells drilled under this section shall be drilled by drillers licensed under the Water Well Drillers License Act (32 P. S. § §  645.1—645.13).

 (f)  The well materials shall be decontaminated prior to installation.

   The provisions of this §  289.262 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266336) and (226733).

 (a)  Monitoring wells shall be cased as follows:

   (1)  The casing shall maintain the integrity of the monitoring well borehole and shall be constructed of material that will not react with the groundwater being monitored.

   (2)  The minimum casing diameter shall be 4 inches unless otherwise approved by the Department in writing.

   (3)  The well shall be constructed with a screen that meets the following requirements:

     (i)   The screen shall be factory-made.

     (ii)   The screen may not react with the groundwater being monitored.

     (iii)   The screen shall maximize open area to minimize entrance velocities and allow rapid sample recovery.

   (4)  The well shall be filter-packed with chemically inert clean quartz sand, silica or glass beads. The material shall be well rounded and dimensionally stable.

   (5)  The casing shall be clearly visible and protrude at least 1 foot above the ground, unless the Department has approved flush mount wells.

   (6)  The annular space above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.

   (7)  The casing shall be designed and constructed in a manner that prevents cross contamination between surface water and groundwater.

   (8)  Alternative casing designs for wells in stable formations may be approved by the Department.

 (b)  Monitoring well casings shall be enclosed in a protective casing that shall:

   (1)  Be of sufficient strength to protect the well from damage by heavy equipment and vandalism.

   (2)  Be installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum stick up of 3 feet, unless otherwise approved by the Department in writing.

   (3)  Be grouted and placed with a concrete collar at least 3 feet deep to hold it firmly in position.

   (4)  Be numbered for identification with a label capable of withstanding field conditions and painted in a highly visible color.

   (5)  Protrude above the monitoring well casing.

   (6)  Have a locked cap.

   (7)  Be made of steel or another material of equivalent strength.

   The provisions of this §  289.263 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226733) to (226734).

 (a)  A person or municipality operating a residual waste disposal impoundment shall conduct sampling and analysis from each monitoring point for the following parameters at the following frequencies:

   (1)  Quarterly, for ammonia-nitrogen, bicarbonate, calcium, chloride, fluoride, chemical oxygen demand, nitrate-nitrogen, pH, specific conductance, sulfate, total alkalinity, total dissolved solids, total organic carbon, turbidity, iron, manganese, magnesium, potassium and sodium.

   (2)  Quarterly, for groundwater elevations in monitoring wells recorded as a distance from the elevation at the well head referenced to mean sea level based on United States Geological Survey datum.

   (3)  Annually, for total and dissolved concentrations for each of the following: barium, cadmium, chromium, copper, lead, mercury, selenium, silver and zinc.

   (4)  Annually, for the following volatile organic compounds: Tetrachloroethene, trichloroethene, 1,1,1-trichloroethane, 1,2-dibromoethane, 1,1-dichloroethene, 1,2-dichloroethene (cis and trans isomers), vinyl chloride, 1,1-dichloroethane, 1,2-dichloroethane, methylene chloride, toluene, ethylbenzene, benzene and xylene.

   (5)  Other constituents contained in the waste that may leach into the environment, as determined under §  287.132 (relating to chemical analysis of waste). The quarterly analysis shall be adjusted to reflect parameters detected from leachate analysis under §  289.456 or §  289.556 (relating to leachate analysis; and sludge handling).

 (b)  The Department may modify the requirements of this section, based on the waste analysis conducted under §  287.132 for captive residual waste disposal impoundments that receive only one type of waste, for parameters and monitoring frequencies that are not necessary to determine the actual or potential effect of the facility on surface or groundwater. This subsection does not apply to subsection (a)(1).

 (c)  For facilities permitted before July 4, 1992, the parameters described in this section shall be sampled and analyzed beginning October 4, 1992.

   The provisions of this §  289.264 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226735).

 Analyses of data required by this subchapter shall be submitted, on a form provided by the Department, within 60 days of sampling or 15 days after completion of analyses, whichever is sooner, unless the Department approves another time period in the permit. The data analysis shall be accompanied by a data evaluation as required by §  289.152(b)(4) (relating to water quality monitoring plan).

 (a)  Requirement. A person or municipality operating a residual waste disposal impoundment shall prepare and submit to the Department a groundwater assessment plan within 60 days after one of the following occurs:

   (1)  Data obtained from monitoring by the Department or the operator indicates groundwater degradation at any monitoring point.

   (2)  Laboratory analysis of one or more public or private water supplies indicates groundwater degradation that could reasonably be attributed to the facility.

 (b)  Exception. The operator is not required to conduct an assessment under this section if one of the following applies:

   (1)  Within 10 working days after receipt of sample results indicating groundwater degradation, the operator resamples the affected wells and analysis from resampling shows to the Department’s satisfaction that groundwater degradation has not occurred.

   (2)  Within 20 working days after receipt of sample results indicating groundwater degradation, the operator demonstrates that the degradation was caused entirely by earthmoving and other activities related to facility construction, or by seasonal variations.

 (c)  Assessment plan. The groundwater assessment plan shall specify the manner in which the operator will determine the existence, quality, quantity, areal extent and depth of groundwater degradation and the rate and direction of migration of contaminants in the groundwater. A groundwater assessment plan shall be prepared by an expert in the field of hydrogeology. The plan shall contain, at a minimum, the following information:

   (1)  The number, location, size, casing type and depth of wells, lysimeters, borings, pits, piezometers and other assessment structures or devices to be used. If the operator establishes compliance points as part of the assessment, the points shall be wells constructed in accordance with § §  289.262 and 289.263 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).

   (2)  Sampling and analytical methods for the parameters to be evaluated.

   (3)  Evaluation procedures, including the use of previously gathered groundwater quality information, to determine the concentration, rate and extent of groundwater degradation from the facility.

   (4)  An implementation schedule.

   (5)  Identification of the abatement standard that will