ISSUANCE OF GENERAL PERMITS


§ 287.621. 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 residual waste or for a category of processing of residual waste, where 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 type of residual waste to be covered by the general permit, including physical and chemical characteristics of the waste. The chemical description shall contain an analysis meeting the requirements of §  287.132 (relating to chemical analysis of waste) for a sufficient number of samples of residual waste in the waste type to accurately represent the range of physical and chemical characteristics of the waste type.

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

   (3)  A detailed narrative and schematic diagram of the production or manufacturing process from which the waste to be covered by the general permit is generated.

   (4)  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.

   (5)  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 all 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 all 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.

     (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 residual 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. 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 residual waste to be beneficially used meets, at a minimum, the requirements of §  288.623(a) (relating to minimum requirements for acceptable waste). The Department may waive the requirements of §  288.623(a) that relate to secondary MCLs for this demonstration. The Department may waive or modify this provision for the use of oil and gas brines for road stabilization.

     (vi)   If the waste is to be used as a construction material, a description of the construction activities and detailed timelines for the prompt completion of the construction activities.

   (6)  If residual 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.

 (c)  An application for the issuance of a general permit shall be accompanied by a nonrefundable fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for $2,000.

 (d)  The Department will not waive the bonding and public liability insurance requirements in Subchapter E (relating to bonding and insurance requirements) for waste tire operations, waste oil operations and contaminated soil operations, and for other general permit activities if the waste managed is potentially harmful or large quantities of waste are stored.

 (e)  An applicant for a general permit shall provide written notice to each municipality in which the applicant intends to operate, if a location is known, under a general permit. Proof of this notice, including a copy of the notice and a certified or registered mail returned receipt, shall be submitted to the Department. For mobile facilities, written notice shall be provided to the municipality where the primary processing or beneficial use activity is located.

Source

   The provisions of this §  287.621 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226568) to (226570).

Cross References

   This section cited in 25 Pa. Code §  287.5 (relating to public records and confidential information); 25 Pa. Code §  287.421 (relating to administrative inspections); 25 Pa. Code §  287.601 (relating to scope); 25 Pa. Code §  287.611 (relating to authorization for general permit); 25 Pa. Code §  287.612 (relating to nature of a general permit; substitution for individual applications and permits); 25 Pa. Code §  287.624 (relating to approval or denial of an application); 25 Pa. Code §  287.632 (relating to waiver and modification requirements); 25 Pa. Code §  287.641 (relating to inclusion in a general permit); and 25 Pa. Code §  297.1 (relating to scope).



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