Subchapter C. GENERAL OPERATING REQUIREMENTS FOR
THE LAND APPLICATION OF RESIDUAL WASTE

§ 291.201. General provisions.

 (a)  A person or municipality may not own or operate a land application facility for residual waste unless the Department has issued a permit to that person or municipality under this chapter.

 (b)  A person or municipality that owns or operates a land application facility for residual waste shall comply with the following:

   (1)  The act, this subchapter and the additional operating requirements for the specific type of operation that are in Subchapter D or E (relating to additional requirements for the agricultural utilization of residual waste; and additional requirements for land reclamation).

   (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.

   (3)  The Department guidelines for land application.

   (4)  If a component of the residual waste contains human waste, the pathogen and vector attraction reduction requirements in Chapter 271, Subchapter J (relating to beneficial use) shall be met in addition to the operating requirements of this chapter.

 (c)  Municipal waste and hazardous waste may not be stored, processed or disposed at the facility.

 (d)  Residual waste may not be applied to the land if it is likely to adversely affect a Federal or Pennsylvania threatened or endangered species, or its designated critical habitat, identified pursuant to the Endangered Species Act (16 U.S.C.A. § §  1531—1544), 30 Pa.C.S. §  2305 (relating to threatened and endangered species) or 34 Pa.C.S. §  2167 (relating to endangered or threatened species).

 (e)  Residual waste may not be applied to a site that is flooded, frozen, or snow-covered, except as expressly provided in the permit.

   The provisions of this §  291.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (266338).

 (a)  Except for areas permitted by the Department prior to the effective date of these regulations, the land application of residual waste may not be conducted as follows:

   (1)  Within 100 feet of an intermittent or perennial stream.

   (2)  Within 300 feet of a water source unless the current owner of this water source has provided a written waiver consenting to the activities closer than 300 feet. This paragraph does not apply to features that may come into existence after the dates upon which adjacent landowner notification is given under §  287.151(b) (relating to public notice by applicant).

   (3)  Within 100 feet of a sinkhole.

   (4)  In or within 100 feet of an exceptional value wetland.

   (5)  Within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the activities closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.

 (b)  The Department may waive the isolation distances in this section for areas that were included in the permit area of a permit application that was determined by the Department to be administratively complete before July 4, 1992.

   The provisions of this §  291.202 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266338) to (266339).

 (a)  Residual waste may not be applied to land where the regional groundwater table is less than 3.3 feet from the surface.

 (b)  Residual waste may not be disposed or applied so as to adversely affect the soil or food chain, cause odors or allow vectors.

 (c)  Prior to land application, residual waste shall be treated or stabilized if it has potential to cause odors or other adverse environmental effects.

 (d)  Unless otherwise approved by the Department in writing, residual waste may not be applied to land where root vegetables or vegetables which are eaten raw are grown or will be grown.

 (e)  Residual waste shall be applied to the soil surface or incorporated in a manner that prevents ponding or standing accumulations of liquid or residual waste.

 (f)  A person or municipality may not use spray irrigation equipment to apply residual waste unless the person has demonstrated to the Department in the permit application that the equipment will not cause aerosol transport offsite, and the Department has approved the equipment as part of the permit.

 (g)  Livestock may not be allowed to graze on areas where the residual waste is visible on the vegetation or the surface of the ground, unless otherwise approved by the Department in writing.

 A person or municipality may not store residual waste on the site unless the residual waste is:

   (1)  Stabilized or treated, if stabilization or treatment is required by the Department.

   (2)  Stored as part of the operator’s permit.

   (3)  Stored in a manner that is consistent with Chapter 299, Subchapter A (relating to standards for storage of residual waste).

 (a)  The operator shall manage surface water and control erosion and sedimentation to meet the applicable requirements of Chapter 102 (relating to erosion and sediment control).

 (b)  For land reclamation, rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted when rills or gullies deeper than 9 inches form in areas where residual waste has been applied or stored.

 (c)  For agricultural utilization, rills and gullies shall be filled, graded or otherwise stabilized and, when necessary, the area reseeded or replanted, when rills or gullies deeper than 3 inches form in areas where residual waste has been applied or stored.

 (d)  Rills or gullies of lesser size shall be stabilized and the area reseeded or replanted if the rills or gullies may result in additional erosion, sedimentation or pollution.

 (a)  The operator may not cause or allow a point or nonpoint source discharge in violation of The Clean Stream Law from or on the facility to surface waters of this Commonwealth.

 (b)  The facility shall be operated to prevent and control water pollution. An operator shall operate and maintain necessary water treatment facilities until water pollution from or on the facility has been permanently abated.

 (c)  The operator may not cause or allow water pollution within or outside of the site.

 (a)  An operator 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.

 (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 and §  291.201 (relating to general provisions).

 (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)  The operator shall control and minimize the attraction, harborage or breeding of vectors.

 (b)  The operator shall also control and minimize conditions not otherwise prohibited by this subchapter 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 §  291.210 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (239032).

   This section cited in 25 Pa. Code §  291.107 (relating to nuisance control plan).

RECORDKEEPING AND REPORTING

§ 291.221. Daily operational records.

 (a)  A person or municipality that disposes of residual waste by land application shall make and maintain an operational record for each day that the residual waste is applied.

 (b)  The daily operational record shall include the following:

   (1)  The type, percent solids and weight or volume of the residual waste that was applied.

   (2)  The name, mailing address, county and state of each generator of residual waste.

   (3)  The transporters of the residual waste.

   (4)  The particular map location of the area being used for land application of residual waste, and the weight or volume of residual waste this area received in the previous calendar year.

   (5)  A record of deviations from the permit.

   (6)  General weather conditions during disposal.

   (7)  The application rate for residual waste.

   (8)  A record of actions taken to correct violations of the act, the environmental protection acts and this title.

   (9)  A description of waste handling problems or emergency disposal facilities.

 (c)  If residual waste is being stored at the site, the operator shall maintain, on forms provided by the Department, accurate operational records sufficient to determine whether the waste is being stored in accordance with §  291.204 (relating to storage of residual waste).

 (d)  Daily operational records shall be retained for the life of the facility bond, or longer if determined by the Department to be necessary to meet the standards of the environmental protection acts. These records shall be made available to the Department upon request.

   The provisions of this §  291.221 issued under the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § §  471—480); The Clean Streams Law (35 P. S. § §  691.1—691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-5, 510-17 and 510-20); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § §  4000.101—4000.1904); 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); the Infectious and Chemotherapeutic Waste Law (35 P. S. § §  6019.1—6019.6); and the Vehicle Code, 75 Pa.C.S. §  4909(e).

 (a)  A person or municipality that applies residual waste to land under this chapter shall submit to the Department an annual operation report for each permitted facility on or before March 1 of each year.

 (b)  The annual operation report, which shall be submitted on a form supplied by the Department, shall include the following:

   (1)  The weight or volume of each type of residual waste received, and the weight or volume applied to each field or other application area.

   (2)  The type, percent solids and weight or volume of residual waste received from each generator, including the name, mailing address, county and state of each generator.

   (3)  A current certificate of insurance, as specified in §  287.373(a) (relating to proof of insurance coverage), evidencing continuous coverage for comprehensive general liability insurance as required by §  287.371 (relating to insurance requirement).

   (4)  Changes in ownership of the land where the operation is conducted or a change in a lease agreement for the use of the land that may affect or alter the operator’s rights upon the lands.

   (5)  The annual groundwater monitoring evaluation if groundwater monitoring is required by the Department.

   (6)  For agricultural utilization facilities which have received residual waste in the calendar year, a chemical analysis of soil for each field or soil series at the facility for pH, phosphorus, cadmium, zinc, copper, nickel, lead, chromium, mercury and any other constituents contained in the waste that may be leached into the environment, as determined under §  287.132 (relating to chemical analysis of waste), unless otherwise specified by the Department in the permit. The procedure for soil sampling and analysis shall be consistent with the Department guidelines.

   (7)  Certification that the operator has received the analysis or certification required by §  287.54 (relating to chemical analysis of waste) for each type of residual waste or special handling waste received at the facility, and that the residual waste that is received at the facility meets the conditions in the facility’s permit.

 (c)  The annual operation report shall also contain a topographic map of the same scale and contour interval as the map required under §  291.103 (relating to maps and related information), showing the field boundaries where residual waste has been applied, and the volume applied to each field or other designated application area.

 (d)  The annual operation report shall be accompanied by a nonrefundable annual permit administration fee in the form of a check payable to the “Commonwealth of Pennsylvania” for the following amounts:

   (1)  Six hundred dollars for the agricultural utilization of residual waste.

   (2)  Nineteen hundred dollars for land reclamation of residual waste.

 (e)  The Department may waive any of the requirements of this section if no residual waste was disposed of by land application in the previous year.

   The provisions of this §  291.222 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239033) and (226807) to (226808).

   This section cited in 25 Pa. Code §  287.411 (relating to when a penalty will be assessed); and 25 Pa. Code §  291.418 (relating to soil and analysis).