Subchapter I. BENEFICIAL USE


SCOPE

Sec.


271.801.    Scope

GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE; AUTHORIZATION AND LIMITATIONS


271.811.    Authorization for general permit.
271.812.    Nature of a general permit.

ISSUANCE OF GENERAL PERMITS


271.821.    Application for general permit.
271.822.    Completeness review.
271.823.    Public notice and review period.
271.824.    Approval or denial of an application.
271.825.    Department initiated general permits.
271.826.    Permit renewal.

CONTENT OF GENERAL PERMITS AND WAIVERS


271.831.    Contents of general permits.
271.832.    Waiver and modification of requirements.

REGISTRATION AND DETERMINATION OF APPLICABILITY


271.841.    Inclusion in a general permit.
271.842.    Determination of applicability.
271.843.    Registration.

COMPLIANCE


271.851.    Investigations and corrective action.
271.852.    Compliance with permit conditions, regulations and laws.

Source

   The provisions of this Subchapter I adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521, unless otherwise noted.

Cross References

   This subchapter cited in 25 Pa. Code §  271.1 (relating to definitions); 25 Pa. Code §  271.126 (relating to requirement for environmental assessment); 25 Pa. Code §  271.421 (relating to administrative inspections); 25 Pa. Code §  271.601 (relating to scope); 25 Pa. Code §  271.611 (relating to chemical analysis of waste); 25 Pa. Code §  281.234 (relating to sale or utilization of compost); and 25 Pa. Code §  287.611 (relating to authorization for general permit).

SCOPE


§ 271.801. Scope.

 (a)  This subchapter sets forth requirements for general permits for the processing and beneficial use of municipal waste, except as follows:

   (1)  This subchapter does not set forth requirements for general permits for the processing or beneficial use of regulated medical or chemotherapeutic waste.

   (2)  This subchapter does not set forth requirements for general permits for the beneficial use of sewage sludge by land application, except as provided in §  271.821(b)(6) (relating to application for general permit). A general or individual permit for the beneficial use of sewage sludge not mixed with residual waste will be issued only under Subchapter J (relating to beneficial use of sewage sludge by land application).

 (b)  An operation that is approved under this subchapter does not require an individual processing or disposal permit under this article. The requirements of Subchapters A—G and Chapters 273, 277, 279, 281, 283 and 285 are applicable to the extent required in §  271.832 (relating to waiver and modification of requirements).

Source

   The provisions of this §  271.801 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (272900) to (272901).

GENERAL PERMIT FOR PROCESSING OR BENEFICIAL USE, OR BOTH, OF MUNICIPAL WASTE; AUTHORIZATION AND LIMITATIONS


§ 271.811. Authorization for general permit.

 (a)  Under § §  271.812 and 271.821—271.825, the Department may issue general permits on a regional or Statewide basis for a category of processing when processing is necessary to prepare the waste for beneficial use, or for a category of beneficial use, or both, of municipal waste, if the following are met:

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

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

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

 (b)  The Department may issue a general permit upon its own motion under §  271.825 (relating to Department initiated general permits) or upon an application from a person or municipality under § §  271.821—271.824.

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

 (d)  The Department may modify, suspend, revoke, issue or reissue a general permit or coverage under a general permit under this subchapter as it deems necessary to prevent violation of or interference with the laws or solid waste management plans of any state, county or municipality.

 (e)  The Department may issue a general permit for processing combinations of municipal and residual wastes when processing is necessary to prepare a waste for beneficial use, or for beneficial use of combinations of municipal and residual wastes, or both, under this article or Article IX (relating to residual waste management), whichever the Department determines is appropriate. The Department will determine which article is appropriate based on factors including whether the facility is captive or noncaptive, and the proportions of municipal and residual wastes. A general permit for processing or beneficial use of combinations of sewage sludge and residual waste will be issued only under this subchapter.

 (f)  The requirements in this subchapter that apply to municipal waste also apply to residual waste when residual waste is mixed with municipal waste.

 (g)  The Department will not issue a general permit under this subchapter for the following:

   (1)  A municipal waste landfill, the use of municipal waste to fill open pits from coal or noncoal mining, or the use of municipal waste solely to level an area or bring the area to grade unless construction activity is completed on the area promptly after placement of the waste.

   (2)  A facility or activity which should be covered under the individual permitting process required in this article because of its size and potential to affect the environment adversely or because of its relationship to municipal waste management plans.

   (3)  The processing or beneficial use of regulated medical or chemotherapeutic waste.

   (4)  The beneficial use of sewage sludge by land application for sewage sludge that is not mixed with residual waste.

   (5)  The use of a waste for construction or operations at a resource recovery facility or disposal facility.

Source

   The provisions of this §  271.811 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (272901) to (272903).

Cross References

   This section cited in 25 Pa. Code §  271.824 (relating to approval or denial of an application); 25 Pa. Code §  271.825 (relating to Department initiated general permits); 25 Pa. Code §  271.831 (relating to contents of general permits).

§ 271.812. Nature of a general permit.

 (a)  When the Department issues a general permit for a specified category of beneficial use or processing of municipal waste on either a regional or Statewide basis, persons or municipalities may beneficially use or process municipal waste in accordance with the terms and conditions of the general permit and this subchapter without filing an individual application for, and first obtaining, an individual permit, if the persons or municipalities comply with this section and this subchapter.

 (b)  The use of an applicable general permit for the beneficial use or processing of municipal waste satisfies the permit requirements in §  271.101(a) (relating to permit requirement) if the following are met:

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

   (2)  The person or municipality conducting the beneficial use or processing activities is the permittee identified in the general permit or is otherwise authorized to operate under the applicable general permit in accordance with §  271.841 (relating to inclusion in a general permit).

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

Cross References

   This section cited in 25 Pa. Code §  271.811 (relating to authorization for general permit); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

ISSUANCE OF GENERAL PERMITS


§ 271.821. Application for general permit.

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

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

   (1)  A description of the waste to be covered by the general permit, including the physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of §  271.611 (relating to chemical analysis of waste) for a sufficient number of samples of the waste to represent accurately the range of physical properties and chemical characteristics of the waste.

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

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

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

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

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

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

     (iv)   If the waste is to be used as a construction material, soil substitute, soil additive or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the municipal waste. The evaluation shall identify the particular constituents of the waste which present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through groundwater, surface water, air and the food chain. This requirement does not apply to general permits for the land application of sewage sludge. The Department may waive or modify this requirement in writing.

     (v)   If the waste is to be used without reclamation as a construction material, soil additive, soil substitute or antiskid material or is to be otherwise placed directly onto the land, a demonstration that the leaching analysis of the municipal waste to be beneficially used is no greater than 25 times the primary maximum contaminant level (MCL) for metals and other cations and the primary MCL for contaminants other than metals and cations.

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

   (6)  For a mixture of sewage sludge and residual waste, a demonstration that the following requirements are met in addition to the other requirements of this subchapter:

     (i)   The person who prepares the sewage sludge has one of the following:

       (A)   A permit for operation of the facility issued by the Department under the procedures and requirements of Chapter 91 or 92 (relating to general provisions; and National Pollutant Discharge Elimination System) or this chapter, as applicable.

       (B)   A permit for operation of the facility in which the sewage sludge is prepared, that is issued or modified by the State in which the facility is located or by the EPA, from which the Department may determine that the sewage sludge and residual waste mixture to be land applied will meet the standards in 40 CFR Part 503 (relating to standards for the use or disposal of sewage sludge).

     (ii)   The requirements of the following sections are met: § §  271.902(g), 271.904—271.907, 271.911, 271.913—271.919 and 271.931—271.933.

 (c)  Except as provided in subsection (d), an application for the issuance of a general permit under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for $1,000.

 (d)  An application for issuance of a general permit that involves the mixture of residual waste and municipal waste under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for $2,000.

 (e)  The Department may not waive bonding and insurance requirements in Subchapter D (relating to financial assurances requirements) for composting facilities, construction/demolition waste processing facilities, facilities that process municipal waste to produce refuse derived fuel and for other general permit activities if the waste managed is potentially harmful or large quantities of waste are stored.

 (f)  An applicant for a general permit shall provide written notice to each municipality in which the applicant intends to operate under a general permit, if a location is known. Proof of this notice, including a copy of the notice and certified or registered mail returned receipt, shall be submitted to the Department.

Source

   The provisions of this §  271.821 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226051) to (226053).

Cross References

   This section cited in 25 Pa. Code §  271.5 (relating to public records and confidential information); 25 Pa. Code §  271.801 (relating to scope); 25 Pa. Code §  271.811 (relating to authorization for general permit); 25 Pa. Code §  271.824 (relating to approval or denial of an application); 25 Pa. Code §  271.832 (relating to waiver and modification of requirements); and 25 Pa. Code §  271.841 (relating to inclusion in a general permit).

§ 271.822. Completeness review.

 (a)  After receipt of an application for the issuance of a general permit, or an application for a determination of applicability under §  271.842 (relating to determination of applicability), the Department will determine whether the application is administratively complete. For purposes of this subchapter, an application is administratively complete if it contains the necessary analyses, fees, documents and information, regardless of whether the analyses, fees, documents and information would be sufficient for the issuance of the permit, or the determination of applicability.

 (b)  If the application is not administratively complete, the Department will, within 30 days of receipt of the application, return it to the applicant, along with a written statement of the specific analyses, fees, documents or other information that is required to make the application administratively complete.

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

Cross References

   This section cited in 25 Pa. Code §  271.811 (relating to authorization for general permit); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

§ 271.823. Public notice and review period.

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

 (b)  The notice will include:

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

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

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

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

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

 (d)  The Department will approve or deny an application for a general permit within 6 months from the last day of the comment period established in subsection (b)(4). Failure by the Department to comply with this timetable will not result in grounds for issuance of a general permit.

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

Cross References

   This section cited in 25 Pa. Code §  271.811 (relating to authorization for general permit); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

§ 271.824. Approval or denial of an application.

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

   (1)  The application for the general permit is accurate and complete and the requirements of § §  271.811, 271.812, 271.821—271.826, 271.831, 271.832, 271.841—271.843, 271.851 and 271.852 have been complied with.

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

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

Cross References

   This section cited in 25 Pa. Code §  271.811 (relating to authorization for general permit).

§ 271.825. Department initiated general permits.

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

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

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

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

   (2)  The standards in §  271.811(a) (relating to authorization for general permit), and a brief description of the reasons for the Department’s determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.

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

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

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

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

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

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

Cross References

   This section cited in 25 Pa. Code §  271.811 (relating to authorization for general permit); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

§ 271.826. Permit renewal.

 (a)  A person or municipality that plans to process or beneficially use municipal waste after the expiration of the term in the general permit shall file a complete application for permit renewal on forms provided by the Department at least 180 days before the expiration date of the permit. A permit renewal shall authorize persons or municipalities that have applied for renewal within the time period provided in this subsection to operate under the renewal permit.

 (b)  A person or municipality that does not file an application for permit renewal within the time period in subsection (a) shall be required either to register or obtain a determination of applicability, whichever is applicable, under a renewed general permit.

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

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

Cross References

   This section cited in 25 Pa. Code §  271.824 (relating to approval or denial of an application).

CONTENT OF GENERAL PERMITS AND WAIVERS


§ 271.831. Contents of general permits.

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

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

   (2)  The standards in §  271.811(a) (relating to authorization for general permit), and a brief description of the reasons for the Department’s determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.

   (3)  A specification of registration or determination of applicability requirements established in accordance with §  271.841 (relating to inclusion in a general permit) and the fee imposed on registrants or applicants for coverage under the general permit.

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

     (i)   The limits on the physical and chemical properties of waste that may be beneficially used or processed. The permit shall also include a requirement that persons or municipalities that conduct activities authorized by the general permit shall immediately notify the Department, on forms provided by the Department, of a change in the physical properties or chemical characteristics of the municipal waste, including leachability, or of a change in the information required by §  271.841(f).

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

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

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

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

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

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

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

       (D)   The generators of the municipal waste.

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

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

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

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

Cross References

   This section cited in 25 Pa. Code §  271.611 (relating to chemical analysis of waste); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

§ 271.832. Waiver and modification of requirements.

 (a)  An operation that is approved under this subchapter is subject to this article.

 (b)  For an operation that is approved under this subchapter, the Department may waive or modify any application and operating requirements in this article, except the Department may not waive §  271.123 and may not waive or modify Subchapter A, § §  271.124, 271.125 and 271.129, Subchapter D in accordance with §  271.821(d) or Subchapter E.

Source

   The provisions of this §  271.832 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226058).

Cross References

   This section cited in 25 Pa. Code §  271.801 (relating to scope); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

REGISTRATION AND DETERMINATION OF APPLICABILITY


§ 271.841. Inclusion in a general permit.

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

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

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

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

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

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

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

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

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

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

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

   (4)  If a general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used, an analysis that is in accordance with §  271.611 (relating to chemical analysis of waste).

   (5)  For beneficial use general permits for which an evaluation was submitted under §  271.821(b)(4)(iv) (relating to application for general permit), a supplemental evaluation that meets the requirements of that section if the waste contains constituents at levels not reviewed as part of the general permit, or if the proposed beneficial use would be at a type of location not reviewed as part of the general permit.

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

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

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

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

Cross References

   This section cited in 25 Pa. Code §  271.812 (relating to nature of a general permit); 25 Pa. Code §  271.824 (relating to approval or denial of an application); 25 Pa. Code §  271.831 (relating to contents of general permits); 25 Pa. Code §  271.842 (relating to determination of applicability); and 25 Pa. Code §  271.843 (relating to registration).

§ 271.842. Determination of applicability.

 (a)  This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The requirements in this section are in addition to the applicable requirements of §  271.841 (relating to inclusion in a general permit).

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

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

 (d)  The Department will make a determination that a general permit is or is not applicable to an activity for which an application for determination of applicability is filed under §  271.841 within 60 days from the publication of the notice under subsection (c) or for construction materials when a 60-day comment period is provided, within 120 days after publication of the notice under subsection (c). The time period does not include periods beginning with the date that the Department in writing has requested the applicant to make substantive corrections or changes to the application and ending with the date that the applicant submits corrections or changes to the Department’s satisfaction. Failure by the Department to comply with this timetable will not be construed or understood to constitute grounds for a determination that the general permit applies to the proposed activity.

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

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

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

Cross References

   This section cited in 25 Pa. Code §  271.822 (relating to completeness review); and 25 Pa. Code §  271.824 (relating to approval or denial of an application).

§ 271.843. Registration.

 (a)  This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to register with the Department prior to operating under the general permit. The requirements of this section are in addition to the applicable requirements of §  271.841 (relating to inclusion in a general permit).

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

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

 (d)  Persons or municipalities may operate under a general permit upon registering with the Department under §  271.841 and the terms of the general permit.

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

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

Cross References

   This section cited in 25 Pa. Code §  271.824 (relating to approval or denial of an application).

COMPLIANCE


§ 271.851. Investigations and corrective action.

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

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

Cross References

   This section cited in 25 Pa. Code §  271.824 (relating to approval or denial of an application).

§ 271.852. Compliance with permit conditions, regulations and laws.

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

Cross References

   This section cited in 25 Pa. Code §  271.824 (relating to approval or denial of an application).



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