Subchapter B. STANDARDS FOR COLLECTING AND TRANSPORTING OF RESIDUAL WASTE

§ 299.201. Scope.

 (a)  A person or municipality that transports residual waste that is not mixed with waste that is regulated under Article VIII (relating to municipal waste) shall comply with § §  299.211—299.221 (relating to general provisions). In addition, a person or municipality that transports waste referred to in § §  299.231 and 299.232 (relating to types of waste) shall transport the waste in accordance with the applicable provisions of these sections, and may not mix the waste with other types of waste.

 (b)  A person or municipality that transports residual waste that is mixed with waste that is regulated under Article VIII shall comply with § §  285.211—285.219 (relating to general provisions).

   The provisions of this §  299.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255127).

GENERAL PROVISIONS

§ 299.211. General requirements.

 (a)  Residual waste shall be completely enclosed or covered during transportation, including parking, unless the waste cannot be dispersed.

 (b)  A person or municipality that transports residual waste may not mix the waste with:

   (1)  Hazardous waste that is regulated under Article VII (relating to hazardous waste management).

   (2)  Other solid waste to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.

 (a)  A person or municipality that is responsible for transporting residual waste from the point of generation shall remove the waste with sufficient frequency to prevent a nuisance or hazard to public health, safety or welfare.

 (b)  A person or municipality that generates residual waste that is processed or disposed offsite shall schedule removal of the waste with sufficient frequency to prevent a nuisance.

 (c)  A person or municipality may not park a residual waste transportation vehicle in a manner that causes a nuisance or a hazard to public health, safety and welfare.

 (d)  A person or municipality may not store putrescible residual waste in transportation vehicles for more than 24 hours. A person or municipality may not store nonputrescible residual waste in transportation vehicles for more than 5 days.

 (a)  Equipment used to transport residual waste shall comply with the following, unless otherwise approved by the Department in writing:

   (1)  Transportation equipment shall be:

     (i)   Cleaned as frequently as necessary to prevent odors, vectors and other nuisances.

     (ii)   Constructed to prevent littering and the ingress or egress of vectors.

     (iii)   Equipped with fire extinguishing equipment.

   (2)  Load compartments in transportation equipment shall be:

     (i)   Constructed to be easily cleaned.

     (ii)   Constructed in a manner that provides easy access for the application of odor masking agents and for the performance of required maintenance.

     (iii)   Provided with drain plugs or valves at their lowest points.

     (iv)   Fireproof, if the waste is combustible.

 (b)  Roll-off containers shall be:

   (1)  Constructed to be easily cleaned.

   (2)  Cleaned as frequently as necessary to prevent odors, vectors and other nuisances.

   (3)  Constructed to prevent littering and the ingress or egress of vectors.

   (4)  Fireproof, if the waste is combustible.

 (c)  Equipment used to transport residual waste shall be routinely tested, inspected and maintained by the operator to ensure that there is no release or leakage of waste during transportation.

 Transportation equipment cleaning areas shall meet the following requirements:

   (1)  Drainage from equipment cleaning areas shall be managed to prevent water pollution.

   (2)  Drainage shall be discharged to a sanitary sewer system or other treatment facility.

   (3)  The surface of the equipment cleaning area shall be constructed of impervious material that can be easily cleaned and is well drained.

   (4)  Windborne drift of steam or atomized water shall be controlled.

 (a)  Residual waste shall be transported to prevent a nuisance or hazard to public health, safety or welfare.

 (b)  A person or municipality may not transport residual waste to solid waste processing or disposal facility in this Commonwealth unless the facility has a permit or written approval from the Department that expressly allows processing or disposal of the particular residual waste being transported.

 (c)  A person or municipality may not transport residual waste in a manner that is contrary to the terms and conditions of a permit, an order issued by the Department, or requirements in the act, the environmental protection acts or this title.

 (a)  A person or municipality that transports residual waste shall have safety equipment available in the vehicle for use during discharges, fires and other emergencies. The equipment shall include protective clothing and equipment and first-aid supplies.

 (b)  Personnel operating transportation equipment shall be capable of operating the equipment in compliance with the act and this article and applicable public safety laws.

 (c)  Vehicles for the transportation of liquid residual waste shall be equipped with absorbent mats and material to absorb liquids that might leak from a damaged container during transportation.

 (d)  A person or municipality that transports residual waste shall have a contingency plan to minimize and abate a discharge of residual waste during transportation. A copy of the plan shall be kept in the cab of each transportation vehicle.

 In the event of a discharge or release of residual waste during transportation, the transporter shall immediately:

   (1)  Telephone the Department and report the following information:

     (i)   The name of the person reporting the incident and telephone number where that person can be reached.

     (ii)   The name, address and telephone number of the transporter.

     (iii)   The date, time and location of the incident.

     (iv)   The mode of transportation and the type of vehicle.

     (v)   A brief description of the nature of the incident, and what dangers to public health and safety, public welfare and the environment exist or may occur.

     (vi)   The nature of any injuries.

     (vii)   For each waste involved in the incident:

       (A)   The name and address of the generator of the waste.

       (B)   The estimated weight or volume of waste discharged or released.

   (2)  Notify the State or local police and the county emergency management official of the incident and the nature of the discharge or release.

   (3)  Clean up the residual waste and take other action as may be required or approved by the Department so that the discharge presents no threat to public health, safety, welfare and the environment.

 (a)  A person or municipality that generates or releases residual waste as a result of an accident, spill or emergency shall notify the Department prior to the disposal or processing of the waste. Processing or disposal shall be under §  287.103 (relating to emergency disposal or processing).

 (b)  The Department may immediately approve emergency storage or transportation methods necessary to prevent or mitigate harm to the public health, safety or the environment. Storage may be at the site of the emergency, at a permitted processing or disposal facility under §  299.117 (relating to emergency storage) or at a site approved by the Department.

 (c)  After a release or other emergency, the transporter shall decontaminate equipment used to handle residual waste, including storage containers, processing equipment, trucks and loaders, before returning the equipment to service. Contaminated wash water, waste solutions and residues generated from washing or decontaminating equipment are deemed to be a residual waste, and shall be collected and disposed or processed in compliance with applicable laws and regulations.

 (d)  Compliance with this section does not relieve a person from criminal or civil liability, under the act, the environmental protection acts or this title.

 (a)  A person or municipality that transports residual waste shall make and maintain an operational record for each day that residual waste is collected or transported, or both. The daily operational record shall be kept in the cab of each transportation vehicle on the date of collection or transportation. The record shall include the following:

   (1)  The types or classifications of residual waste transported.

   (2)  The weight or volume of the types of wastes transported.

   (3)  The name, mailing address, telephone number, county and state of each generator of transported waste.

   (4)  The name and location of a transfer facility that has received, or will receive, the waste.

   (5)  The name and location of the solid waste processing or disposal facility where the waste will be ultimately disposed or processed.

   (6)  A description of handling problems or emergency disposal activities.

   (7)  The name and address of he person or municipality collecting or transporting the waste.

   (8)  The license plate number of the trailer transporting the waste.

 (b)  The records required in subsection (a) shall be made available to the Department upon request and shall be retained for at least 5 years.

   The provisions of this §  299.219 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).

   The provisions of this §  299.219 amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (239049) to (239050).

 A vehicle or conveyance that is ordinarily or primarily used for the transportation of solid waste shall bear a sign that meets the following:

   (1)  The sign shall include the name and business address of the person or municipality that owns the vehicle or conveyance.

     (i)   The name shall be the actually and commonly recognized name of the person or municipality. Abbreviations or acronyms are permissible if they do not obscure the meaning.

     (ii)   The address shall include the city, state and five digit zip code for the principal place of business for the person or municipality.

   (2)  The sign shall include the specific type of solid waste transported by the vehicle or conveyance.

     (i)   Infectious or chemotherapeutic waste shall be designated: Infectious/Chemotherapeutic waste.

     (ii)   Other municipal waste shall be designated: Municipal Waste.

     (iii)   Residual waste shall be designated: Residual Waste.

     (iv)   Mixed municipal and residual waste shall be designated: Municipal/Residual Waste.

   (3)  The sign shall have lettering that is 6 inches in height. The lettering shall be placed on the roll-off box or trailer. If available space for lettering on the trailer or roll-off box is so limited that all letters cannot be 6 inches in height, the lettering shall be as close to 6 inches as possible. The required information shall be clearly visible and easily readable.

   (4)  The sign may be permanent or detachable.

   The provisions of this §  299.220 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

 (a)  A person or municipality may not transport, or knowingly provide a vehicle for the transportation of, a food product or produce intended for human or livestock consumption, in a vehicle which has been used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.

 (b)  A person or municipality may not knowingly accept a food product or produce from, or provide a food product or produce to, a vehicle used to transport municipal, residual or hazardous waste, or, chemical or liquid, in bulk, which is not a food product or produce.

 (c)  As used in this section, the following words and phrases have the following meanings:

   (1)  Food product or produce—A raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.

   (2)  In bulk—Not divided into parts or packaged in separate units.

   (3)  Chemical or liquid—The term includes any chemical or liquid, including any pesticide or herbicide regardless of its use or intended use. The term does not include the following:

     (i)   A chemical or liquid food product or produce.

     (ii)   A chemical or liquid being transported for use directly in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquacultural crops and commodities.

     (iii)   A chemical or liquid being transported for use as an ingredient in a product used in the production and preparation for market of poultry, livestock and their products or in the production, harvesting or preparation for market of agricultural, agronomic, horticultural, silvicultural or aquacultural crops and commodities.

   The provisions of this §  299.221 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

TYPES OF WASTE

§ 299.231. Transportation of ash residue from residual waste incineration.

 Ash residue from residual waste incineration shall be transported in an enclosed or covered vehicle that prevents the dispersal of ash residue.

 (a)  Friable asbestos-containing waste shall be transported in a vehicle without compaction and in a manner that will not create visible emissions to the outside air.

 (b)  If it is not feasible to enclose the waste in one or more plastic bags or drums as provided in §  299.152(a)(1) or (2) (relating to storage and containment of friable asbestos-containing waste), the transportation vehicle shall be covered with a tarp and the waste shall be wetted prior to transportation.

   This section cited in 25 Pa. Code §  299.201 (relating to scope).