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CHAPTER 289. RESIDUAL WASTE DISPOSAL
IMPOUNDMENTS
Subchap. Sec.
A. GENERAL 289.1
B. APPLICATION REQUIREMENTS 289.101
C. OPERATING REQUIREMENTS 289.201
D. ADDITIONAL REQUIREMENTS FOR CLASS I RESIDUAL WASTE DISPOSAL IMPOUNDMENTS 289.401
E. ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL
WASTE DISPOSAL IMPOUNDMENTS 289.501Authority The provisions of this Chapter 289 issued under the Solid Waste Management Act (35 P. S. § § 6018.1016018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § § 471480); The Clean Streams Law (35 P. S. § § 691.1691.1001); 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. § § 4000.1014000.1904); 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); and the Vehicle Code, 75 Pa.C.S. § 4909(e), unless otherwise noted.
Source The provisions of this Chapter 289 adopted July 2, 1992, effective July 4, 1992, 22 Pa.B. 3389, unless otherwise noted.
Cross References This chapter cited in 25 Pa. Code § 252.3 (relating to scope); 25 Pa. Code § 261a.2 (relating to definition of solid waste); 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 287.121 (relating to application contents); 25 Pa. Code § 287.504 (relating to operating requirements); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 299.143 (relating to application requirements); and 25 Pa. Code § 299.145 (relating to failure).
Subchapter A. GENERAL
Sec.
289.1. Scope.§ 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 managementgeneral 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.
PHASE I APPLICATION REQUIREMENTS
GENERAL PROVISIONS
289.111. Basic requirements.
289.112. Facility plan.
289.113. Maps and related information.
289.114. Waste solidification plan.
PHASE I APPLICATION REQUIREMENTS
SITE ANALYSIS
289.121. Description of geology, soils and hydrology; general requirements.
289.122. Geology and groundwater description.
289.123. Groundwater quality description.
289.124. Soil description.
289.125. Surface water information.
289.126. Alternative water supply information.
289.127. Mineral deposits information.
289.128. Notification of proximity to airport.
PHASE II APPLICATION REQUIREMENTS
GENERAL PROVISIONS
289.131. Basic requirements.
289.132. Operation plan.
289.133. Map and grid requirements.
289.134. Plan for access roads.
289.135. Access control plan.
289.136. Nuisance minimization and control plan.
289.137. Daily volume.
289.138. Radiation Protection Action Plan.
PHASE II APPLICATION REQUIREMENTSCOVER
AND REVEGETATION
289.141. Cover plan.
289.142. Revegetation plan.
PHASE II APPLICATION REQUIREMENTSWATER QUALITY PROTECTION AND MONITORING
289.151. Soil erosion and sedimentation control plan.
289.152. Water quality monitoring plan.
PHASE II APPLICATION REQUIREMENTS
MISCELLANEOUS PROVISIONS
289.161. Impoundment plan.
289.162. Gas monitoring and control plan.
289.163. Contingency plan.
PHASE II APPLICATION REQUIREMENTS
CLOSURE PROVISIONS
289.171. Postclosure land use plan.
289.172. Closure plan.
Cross References This subchapter cited in 25 Pa. Code § 289.411 (relating to additional provisions); 25 Pa. Code § 289.415 (relating to waste classification plan); 25 Pa. Code § 289.511 (relating to general requirements); and 25 Pa. Code § 289.515 (relating to waste classification plan).
PHASE I AND PHASE II APPLICATION
§ 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 § § 289.112289.114 and 289.121289.128.
(2) Comply with Chapter 287, Subchapter C (relating to general requirements for permits and permit applications).
Source The provisions of this § 289.111 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226704).
§ 289.112. Facility plan.
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.
Source 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).
Cross References 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).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
§ 289.114. Waste solidification plan.
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.
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
PHASE I APPLICATION REQUIREMENTSSITE ANALYSIS
§ 289.121. Description of geology, soils and hydrology; general requirements.
In preparing the soils, geology and hydrology descriptions required by this section and § § 289.122289.127 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 § § 289.122289.128 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.
Source 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).
Cross References 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).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements); 25 Pa. Code § 289.125 (relating to surface water information); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); and 25 Pa. Code § 289.201 (relating to basic limitations).
§ 289.124. Soil description.
(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 Agricultures Soil Classification System is published in Soil TaxonomyAgriculture 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.
Source 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).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.113 (relating to maps and related information); and 25 Pa. Code § 289.121 (relating to geology, soils and hydrology; general requirements).
§ 289.125. Surface water information.
(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).
Cross References 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).
§ 289.126. Alternative water supply information.
(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 applicants 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.
Cross References 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).
§ 289.127. Mineral deposits information.
(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.
Source 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).
Cross References This section cited in 25 Pa. Code § 289.111 (relating to basic requirements); 25 Pa. Code § 289.121 (relating to description of geology, soils and hydrology; general requirements); 25 Pa. Code § 289.122 (relating to geology and groundwater description); and 25 Pa. Code § 289.281 (relating to mineral resources).
§ 289.128. Notification of proximity to airport.
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.
Source The provisions of this § 289.128 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References 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 § § 289.132289.138, 289.141, 289.142, 289.151, 289.152, 289.161289.163, 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 § § 289.132289.138, 289.141, 289.142, 289.151, 289.152, 289.161289.163, 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.
Source 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).
Cross References 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).
Cross References This section cited in 25 Pa. Code § 287.135 (relating to transition period for radiation monitoring); 25 Pa. Code § 289.113 (relating to maps and related information); 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.132 (relating to operation plan).
§ 289.134. Plan for access roads.
The application shall contain designs, cross sections and specifications for access roads, including load limits, in accordance with § 289.223 (relating to access roads).
Source 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).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.223 (relating to access roads).
§ 289.135. Access control plan.
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.
Cross References 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).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); and 25 Pa. Code § 289.228 (relating to nuisance minimization and control).
§ 289.137. Daily volume.
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).
Source The provisions of this § 289.137 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References The provisions of this § 289.138 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References 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.
Source 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).
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
§ 289.142. Revegetation plan.
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.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements).
PHASE II APPLICATION REQUIREMENTSWATER
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 § § 289.252289.254 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.
Cross References 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).
Cross References 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 § § 289.271289.274 (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.
Cross References This section cited in 25 Pa. Code § 289.131 (relating to basic requirements); 25 Pa. Code § 289.282 (relating to gas control and monitoring); and 25 Pa. Code § 289.283 (relating to gas recovery).
§ 289.163. Contingency plan.
An application shall contain a contingency plan consistent with § § 289.291289.293 (relating to emergency procedures). The plan shall include a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Departments most recent guidelines for the development and implementation of PPC plans.
Cross References 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.
Cross References 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).
Cross References 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.
289.202. Certification.
WASTE LIMITATIONS
289.211. Waste analysis.
289.212. Waste solidification.
DAILY OPERATIONS
289.221. Signs and markers.
289.222. Access control.
289.223. Access roads.
289.224. Measurement and inspection of waste.
289.225. Equipment.
289.226. Unloading.
289.227. Air resources protection.
289.228. Nuisance minimization and control.
289.229. Daily volume.
289.230. Radiation monitoring and response for noncaptive residual waste disposal impoundments.
COVER AND REVEGETATION
289.241. [Reserved].
289.242. Cover.
289.243. Noncontiguous borrow areas.
289.244. Revegetation.
289.245. Standards for successful revegetation.
WATER QUALITY PROTECTION
289.251. General requirements.
289.252. Soil erosion and sedimentation control.
289.253. Sedimentation ponds.
289.254. Discharge structures.
289.255. Water supply replacement.
WATER QUALITY MONITORING
289.261. General requirements.
289.262. Number, location and depth of monitoring points.
289.263. Standards for wells and casing of wells.
289.264. Sampling and analysis.
289.265. Reporting of analysis results and data evaluation.
289.266. Groundwater assessment plan.
289.267. Abatement plan.
289.268. Recordkeeping.
IMPOUNDMENTS
289.271. General requirements.
289.272. Inside slopes.
289.273. Outside slopes and terraces.
289.274. Failure.
MINERAL AND GAS
289.281. Mineral resources.
289.282. Gas control and monitoring.
289.283. Gas recovery.
EMERGENCY PROCEDURES
289.291. Hazard prevention.
289.292. Emergency equipment.
289.293. Implementation of contingency plan.
RECORDKEEPING AND REPORTING
289.301. Daily operational records.
289.302. [Reserved].
289.303. Annual operation report.
CLOSURE PROVISIONS
289.311. Postclosure land use.
289.312. Closure.
Cross References This subchapter cited in 25 Pa. Code § 289.131 (relating to basic requirements); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.521 (relating to limitations).
GENERAL PROVISIONS
§ 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 Departments 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.
Source 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).
Cross References 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.
(c) A person or municipality shall immediately notify the Department if analyses under § 287.134 indicate that there is a significant change in the quality of the waste.
§ 289.212. Waste solidification.
(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.
Source 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).
Cross References 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.
Source The provisions of this § 289.221 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226724).
§ 289.222. Access control.
(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.
Source 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).
Cross References 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).
Cross References This section cited in 25 Pa. Code § 289.134 (relating to plan for access roads); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.224. Measurement and inspection of waste.
(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.
Source 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).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan).
§ 289.225. Equipment.
(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 operators equipment occurs, the operator shall utilize standby equipment as necessary to comply with the act, the environmental protection acts, this subchapter and permit conditions.
Source 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).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan).
§ 289.226. Unloading.
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.
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).
Cross References 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).
Cross References This section cited in 25 Pa. Code § 289.136 (relating to nuisance control plan); 25 Pa. Code § 290.411 (relating to storage impoundmentsoperating requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.229. Daily volume.
(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.
Source The provisions of this § 289.229 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References The provisions of this § 289.230 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
COVER AND REVEGETATION
§ 289.241. [Reserved].
Source 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).
Cross References This section cited in 25 Pa. Code § 289.141 (relating to cover plan).
§ 289.243. Noncontiguous borrow areas.
Extraction and removal of cover and related material from offsite borrow areas shall be subject to the Noncoal Surface Mining Conservation and Reclamation Act (51 P. S. § § 33013326), The Clean Streams Law, and regulations promulgated thereunder, including Chapter 102 (relating to erosion and sediment control). Borrow areas located less than 300 feet from the disposal area shall be included in the permit area for the disposal facility as part of the permit application under this article.
§ 289.244. Revegetation.
(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.
Cross References 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).
§ 289.245. Standards for successful revegetation.
(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.
Cross References 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.
Cross References This section cited in 25 Pa. Code § 289.151 (relating to soil erosion and sedimentation control plan).
§ 289.254. Discharge structures.
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).
Cross References 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).
Cross References 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 § § 289.262289.268.
(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.
Cross References 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).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); 25 Pa. Code § 289.303 (relating to annual operation report); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.263. Standards for wells and casing of wells.
(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.
Source 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).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.123 (relating to groundwater quality description); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.264. Sampling and analysis.
(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.
Source 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).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.435 (relating to leachate detection zone); 25 Pa. Code § 289.534 (relating to leachate detection zone); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.265. Reporting of analysis results and data evaluation.
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).
Cross References The provisions of this § 289.266 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226736) to (226737).
Cross References The provisions of this § 289.267 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226737) to (226740).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.268. Recordkeeping.
A person or municipality subject to the requirements of this subchapter shall retain records of analyses and evaluations of monitoring data and groundwater elevations required under this subchapter until release of the bonds, and shall make the records available to the Department upon request.
Cross References This section is cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
IMPOUNDMENTS
§ 289.271. General requirements.
(a) Impoundments shall be designed, constructed, operated and maintained in accordance with the following:
(1) An impoundment shall have sufficient freeboard to prevent overtopping, including overtopping caused by the 24-hour precipitation event in inches to be expected once in 25 years. The freeboard may not be less than 2 feet.
(2) The dike shall have sufficient structural integrity to prevent failure. The liner system of the impoundment may not be considered in determining the structural integrity of the dike.
(3) The dike shall be capable of withstanding anticipated static and dynamic loadings with a minimum safety factor for the most critical failure surface of 1.5 for static loading and 1.2 for dynamic loading.
(4) An impoundment shall be equipped so that flow of residual waste into the impoundment can be shut off immediately.
(5) Dikes and berms shall be free of burrowing mammals and plants with root systems capable of displacing earthen materials upon which the structural integrity of the dikes or berms is dependent.
(6) An impoundment shall be surrounded by structures sufficient to prevent surface runoff from a 25-year, 24-hour precipitation event from entering the impoundment.
(7) Odors and the dispersal of residual waste or waste constituents by wind and water erosion shall be prevented.
(b) Residual waste may not be disposed in tanks.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.272. Inside slopes.
Except for impoundments with concrete walls that are approved in the permit, the inside slopes of an impoundment shall be designed, constructed, operated and maintained as follows:
(1) An inside slope may not exceed a grade of 25%, except that the Department may approve slopes up to 33% based on a stability analysis.
(2) An inside slope shall be designed and constructed with sufficient protective cover to prevent wind and water erosion, and to preserve the structural integrity of the dike.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.273. Outside slopes and terraces.
The outside slopes and terraces of an impoundment shall be designed, constructed, operated and maintained as follows:
(1) The outside slopes of the dike may not exceed 25% unless the following requirements are met:
(i) A horizontal terrace with a minimum width of 10 feet is constructed at each 20-foot vertical rise of the slope, or the Department approves in the permit a terrace with different dimensions.
(ii) Surface water on the terrace is collected and discharged so that it does not erode or otherwise adversely affect the stability of the dike.
(iii) The final slope does not exceed 50%.
(2) The outside slope and terraces of the dike shall be stabilized with permanent vegetation, rock rip-rap or other nonerodable material to prevent wind and water erosion and preserve the structural integrity of the dike.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.274. Failure.
(a) If an impoundment fails, the operator shall immediately comply with the following:
(1) Stop adding waste to the impoundment.
(2) Contain discharges that have occurred or are occurring.
(3) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.
(b) An impoundment that has been removed from service due to failure may not be restored to service unless the impoundment has been repaired, the repair has been certified to the Department in writing by a registered professional engineer and the Department has approved in writing the restoration of the impoundment to service.
Cross References This section cited in 25 Pa. Code § 289.161 (relating to impoundment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
MINERAL AND GAS
§ 289.281. Mineral resources.
(a) The operator shall isolate coal seams, coal outcrops and coal refuse from combustible waste deposits in a manner that prevents the combustion of the waste and that prevents damage to the liner system.
(b) Mine openings within the site shall be sealed in a manner approved by the Department.
(c) The operator shall implement a plan for controlling potential for damage from subsidence that was submitted and approved under § 289.127 (relating to mineral deposits information).
Source The provisions of this § 289.281 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226742).
§ 289.282. Gas control and monitoring.
(a) If the waste disposed at the facility generates, or is likely to generate gas, the operator shall establish and implement a gas control and monitoring program plan under § 289.162 (relating to gas monitoring and control plan).
(b) The operator shall control decomposition gases generated within the site to prevent danger to workers, structures and to occupants of adjacent property.
(c) Gas venting and monitoring systems shall be installed during construction at facilities.
(d) Gas monitoring shall be conducted in accordance with the approved plan. Gas monitoring shall be conducted quarterly by the operator during active operations and after closure until the Department determines in writing that gas monitoring is not necessary to ensure compliance with the act, the environmental protection acts, regulations thereunder and the terms and conditions of the permit.
(e) Combustible gas levels may not equal or exceed:
(1) Twenty-five percent of the lower explosive limit in a structure within the site.
(2) The lower explosive limit at the boundaries of the site.
(f) The operator shall conduct active forced ventilation of the facility, using vents located at least 3 feet above the disposal impoundment surface, if:
(1) Passive venting has caused or may cause violations of subsection (e).
(2) Induced positive gas flows will prevent or control offsite odors.
Source The provisions of this § 289.282 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226742) and (255111).
Cross References This section cited in 25 Pa. Code § 289.162 (relating to gas monitoring and control plan).
§ 289.283. Gas recovery.
(a) Gas recovery shall be conducted as follows:
(1) So that it does not interfere or conflict with activities on the site or required control measures.
(2) Without creating or causing damage to persons or property.
(3) According to the plan approved by the Department under § 289.162 (relating to gas monitoring and control plan).
(b) The operator shall, on an annual basis, physically and chemically characterize recovered gas, condensates or other residues which are generated. Users of the recovered gas shall be informed of the chemical quality of the gas. If the gas, condensates or other residues are hazardous, they shall be managed under Article VII (relating to hazardous waste management).
Cross References This section cited in 25 Pa. Code § 289.162 (relating to gas monitoring and control plan).
EMERGENCY PROCEDURES
§ 289.291. Hazard prevention.
Residual waste disposal impoundments shall be designed, constructed, maintained and operated to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth that could threaten public health or safety, public welfare or the environment.
Source The provisions of this § 289.291 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255111).
Cross References The provisions of this § 289.292 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255112).
Cross References This section cited in 25 Pa. Code § 289.163 (relating to contingency plan).
RECORDKEEPING AND REPORTING
§ 289.301. Daily operational records.
(a) The operator of a facility shall make and maintain an operational record for each day that residual waste is received, processed or disposed, and each day that construction, monitoring or postclosure activity occurs. The operator of a captive residual waste facility may maintain a monthly operational record instead of a daily operational record for each month in which residual waste is received, processed or disposed, and each month that construction, monitoring or postclosure activity occurs. The monthly operational record shall contain the information required in subsection (b)(1)(6).
(b) The operational record shall include the following:
(1) The type and weight or volume of the solid waste received.
(2) A description of waste handling problems or emergency disposal activities.
(3) A record of deviations from the approved design or operational plans.
(4) A record of activities for which entries are needed to comply with the annual operation report required in § 289.303 (relating to annual operation report).
(5) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(6) A record of rejected waste loads, the reason for rejecting the loads, and for noncaptive facilities, the name of the transporter and the name, mailing address, county and state of the generator shall also be included.
(7) For noncaptive facilities, the following:
(i) The transporters of the waste.
(ii) The name, mailing address, county and state of each generator of residual waste.
(iii) An analysis of the quality and quantity of leachate flowing from the impoundment into the leachate storage and treatment systems.
(iv) A record of each incident in which radioactive material is detected in waste loads. The record shall include:
(A) The date, time and location of the occurrence.
(B) A brief narrative description of the occurrence.
(C) Specific information on the origin of the material, if known.
(D) A description of the radioactive material involved, if known.
(E) The name, address and telephone numbers of the supplier or handler of the radioactive material and the name of the driver.
(F) The final disposition of the material.
(v) A record of each vehicle, other than a combination that exceeds 73,280 pounds gross weight and of each combination that exceeds 80,000 pounds gross weight.
(A) The record shall include:
(I) The gross weight of the vehicle when weighed at the facility.
(II) The registration plate number and home, or base state registration of the vehicle.
(III) The name, business address and telephone number of the owner of the vehicle.
(IV) The date that the weight scale was last tested in accordance with 3 Pa.C.S. Chapter 41 (relating to the Consolidated Weights and Measures Act).
(V) The date and time when the vehicle was weighed at the facility.
(B) For purposes of this subparagraph, the following terms shall have the following meanings:
(I) CombinationTwo or more vehicles physically interconnected in tandem. An example of a combination is a truck trailer attached to a semitrailer.
(II) Gross weightThe combined weight of a vehicle or combination of vehicles and its load excluding the drivers weight.
(III) RegistrationThe authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.
(c) The operator shall maintain accurate operational records sufficient to determine whether residual waste is being stored under Chapter 299, Subchapter A (relating to standards for storage of residual waste).
(d) Daily and monthly 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.
Authority The provisions of this § 289.301 amended under the Solid Waste Management Act (35 P. S. § § 6108.1016018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.1014000.1904); The Clean Streams Law (35 P. S. § § 691.1691.1001); and the Infectious and Chemotherapeutic Waste Law (35 P. S. § § 6019.16019.6).
Source The provisions of this § 289.301 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 (239027) to (239028).
§ 289.302. [Reserved].
Source The provisions of this § 289.303 issued under the Solid Waste Management Act (35 P. S. § § 6018.1016018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § § 471480); The Clean Streams Law (35 P. S. § § 691.1691.1001); 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. § § 4000.1014000.1904); 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. § § 6019.16019.6); and the Vehicle Code, 75 Pa.C.S. § 4909(e).
Source The provisions of this § 289.303 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 (239028) to (239029).
Cross References This section cited in 25 Pa. Code § 289.301 (relating to daily operational records).
CLOSURE PROVISIONS
§ 289.311. Postclosure land use.
The provisions of this § 289.312 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (239030).
Cross References This section cited in 25 Pa. Code § 299.144 (relating to operating requirements).
Subchapter D. ADDITIONAL REQUIREMENTS FOR CLASS I
RESIDUAL WASTE DISPOSAL IMPOUNDMENTS
SCOPE Sec.
289.401. Scope.
ADDITIONAL APPLICATION REQUIREMENTS
289.411. Additional provisions.
289.412. Liner system and leachate control plan.
289.413. Leachate treatment plan.
289.414. Modification of leachate treatment plan.
289.415. Waste classification plan.
ADDITIONAL OPERATING REQUIREMENTS
GENERAL PROVISIONS
289.421. Basic limitations.
289.422. Areas where Class I residual waste disposal impoundments
are prohibited.
289.423. Minimum requirements for acceptable waste.
ADDITIONAL OPERATING REQUIREMENTS
LINER SYSTEM
289.431. Scope and requirements.
289.432. General limitations.
289.433. Subbase.
289.434. Secondary liner.
289.435. Leachate detection zone.
289.436. Primary liner.
289.437. Protective cover.
289.438. Leachate collection system within protective cover.
289.439. Liner system; initial placement of solid waste.
ADDITIONAL OPERATING REQUIREMENTS
LEACHATE TREATMENT
289.451. Scope.
289.452. Basic treatment methods.
289.453. Leachate transportation.
289.454. Leachate recirculation.
289.455. Leachate collection and storage.
289.456. Leachate analysis and sludge handling.
289.457. Departmental notice and remedial action.
SCOPE
§ 289.401. Scope.
This subchapter sets forth additional application and operating requirements for Class I residual waste disposal impoundments.
ADDITIONAL APPLICATION REQUIREMENTS
§ 289.411. Additional provisions.
In addition to the application requirements in Subchapter B (relating to application requirements), an application for a permit to operate a Class I residual waste disposal impoundment shall comply with § § 289.412289.414 (relating to liner system and leachate control plan; leachate treatment plan; and modification of leachate treatment plan). These requirements shall be part of the Phase II permit application.
§ 289.412. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with § § 289.431289.439 (relating to additional operating requirementsliner system), including the following:
(1) The design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone, and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include, at a minimum, the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during initial disposal of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during initial disposal of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liners ability to restrict the flow of solid waste, solid waste constituents or leachate, based on EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed primary and secondary liners, based on ASTM methods when appropriate. Except to the extent that the Department waives, in writing, one or more of the following for nonsynthetic secondary liners, these properties shall include, at a minimum:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength% of liner strength.
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction.
(14) Stress crack resistance.
(15) Oxidative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
Source The provisions of this § 289.412 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226750) to (226751).
Cross References This section cited in 25 Pa. Code § 289.411 (relating to additional provisions); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); and 25 Pa. Code § 289.455 (relating to leachate collection and storage).
§ 289.414. Modification of leachate treatment plan.
(a) If a problem identified in § 289.457 (relating to Departmental notice and remedial action) occurs, the operator shall submit to the Department, within 60 days, a permit modification application under § 287.222 (relating to permit modification), with plans, designs and cross sections to modify its leachate treatment plan.
(b) The Department may approve permit modification applications under § 287.222 to extend, by 1 year at a time, the 3-year limitation for leachate transportation in § 289.453(a) (relating to leachate transportation), if the following apply:
(1) The applicant complies with § 289.413(b) (relating to leachate treatment plan).
(2) The applicant has obtained necessary permits to construct and operate a leachate treatment system under § 289.452 (relating to basic treatment methods).
(3) Leachate transportation from the facility has not caused or contributed to violations of the terms or conditions of the permit.
(4) The applicant has a valid contract for the treatment of leachate at an offsite treatment facility for the 1-year term of the proposed permit modification.
(5) The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law and regulations thereunder, and is otherwise capable of accepting and treating leachate from the disposal impoundment.
(6) The disposal impoundment has a remaining permitted life, based on permitted capacity, of at least 3 years.
Cross References This section cited in 25 Pa. Code § 289.411 (relating to additional provisions); and 25 Pa. Code § 289.453 (relating to leachate transportation).
§ 289.415. Waste classification plan.
In addition to the application requirements in Subchapter B (relating to application requirements), the application shall demonstrate that waste that is proposed to be disposed of at the facility complies with § 289.423 (relating to minimum requirements for acceptable waste).
ADDITIONAL OPERATING REQUIREMENTS
GENERAL PROVISIONS
§ 289.421. Basic limitations.
The provisions of this § 289.422 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226754) to (226756).
Cross References The provisions of this § 289.423 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226756) and (255113).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan); 25 Pa. Code § 289.211 (relating to waste analysis); 25 Pa. Code § 289.415 (relating to waste classification plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 299.144 (relating to operating requirements).
ADDITIONAL OPERATING REQUIREMENTS
LINER SYSTEM
§ 289.431. Scope and requirements.
(a) A person or municipality operating a Class I residual waste disposal impoundment shall design, construct, operate and maintain a liner system for disposal areas of a residual waste disposal impoundment or components thereof under this section and § § 289.432289.439.
(b) The liner system for a Class I residual waste disposal impoundment shall include the following elements:
(1) The subbase, which is the prepared layer of soil or earthen materials upon which the remainder of the liner system is constructed.
(2) The secondary liner, which is a continuous layer of synthetic materials or remolded clay placed on the subbase.
(3) The leachate detection zone, which is a prepared layer placed on top of the secondary liner and upon which the primary liner is placed, and in which a leachate detection system is located.
(4) The primary liner, which is a continuous layer of synthetic materials placed on the leachate detection zone.
(5) The protective cover and leachate collection zone, which is a prepared layer placed over the primary liner in which a leachate collection system is located.
(c) Either the primary liner or the secondary liner shall be a composite liner, which is a continuous layer of synthetic materials over earthen materials.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); and 25 Pa. Code § 289.421 (relating to basic limitations).
§ 289.432. General limitations.
(a) The bottom of the subbase of the liner system cannot be in contact with the seasonal high water table or perched water table without the use of groundwater pumping systems.
(1) Soil mottling may indicate the presence of a seasonal high water table.
(2) Drainage systems may be utilized to prevent contact between the bottom of the subbase of the liner system and the seasonal high water table or perched water table. The operator may not use a drainage system if the system is likely to adversely affect the quality or quantity of water provided by a public or private water supply, even if a replacement supply is available under § 289.255 (relating to water supply replacement). The drainage system shall be limited to drain tile, piping, french drains or equivalent methods.
(b) For unconfined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the regional groundwater table. The regional groundwater table may not be artificially lowered.
(c) For confined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(d) If the approved design plans provide for the placement of additional adjacent liner:
(1) Waste may not be placed within 25 feet of an edge of the liner.
(2) The edge of the liner shall be protected by approved soil cover, or another material approved in the permit, until additional liner is added.
(e) If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 4 feet of an edge of the liner.
(f) The edge of the liner shall be clearly marked.
Source The provisions of this § 289.432 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255114) and (226759).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.433. Subbase.
(a) The subbase shall meet the following performance standards. The subbase shall:
(1) Bear the weight of the liner system, waste, waste cover material and equipment operating on the facility without causing or allowing a failure of the liner system.
(2) Accommodate potential settlement without damage to the liner system.
(3) Be a barrier to the transmission of liquids.
(4) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the subbase shall meet the following design requirements. The subbase shall:
(1) Consist of an upper 6 inches that is:
(i) Compacted to a standard proctor density of at least 95%.
(ii) No more permeable than 1.0 x 10-5 cm/sec., based on laboratory and field testing, unless the clay component of a composite liner is located directly above the subbase.
(iii) Hard, uniform, smooth and free of debris, rock fragments, plant materials and other foreign material.
(2) Have a postsettlement slope of at least 2% and no more than 33%.
Source The provisions of this § 289.433 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226759) to (226760).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.434. Secondary liner.
(a) Requirements. The secondary liner shall meet the following requirements:
(1) The secondary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the secondary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The secondary liner shall be resistant to physical failure, chemical failure and other failure from the sources identified under § 289.412(d) (relating to liner system and leachate control plan).
(4) The secondary liner shall cover the bottom and sidewalls of the facility.
(b) Design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) as part of the permit under § 287.231 (relating to equivalency review procedure) are approved, the secondary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Construction requirements. A secondary liner shall:
(1) Be no more permeable than 1.0 x 10-7 cm/sec., based on laboratory testing. For nonsynthetic liners, field testing shall also be conducted.
(2) Be installed, if the liner is synthetic, according to manufacturers specifications under the supervision of an authorized representative of the manufacturer. An approved quality assurance and quality control plan shall be implemented in the field during the installation of the liner.
(3) Be designed, installed and maintained, if the liner is remolded clay, according to a quality assurance and quality control plan approved by the Department.
(4) Be inspected for uniformity, damage and imperfections during construction and installation.
(d) Compacted lifts. Secondary liners made of clay, bentonite and bentonite-like materials shall be constructed in compacted lifts not exceeding 6 inches in depth. A lift shall be scarified before placement of the next lift.
(e) Composite secondary liners.
(1) If the operator does not design, construct, operate and maintain a composite primary liner, the operator shall design, construct, operate and maintain a composite secondary liner which has the following:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirements of this section independently of the upper component, except that the composite component may not be more permeable than 1.0 x 10-6 cm/sec., based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact, between them.
(3) Use of a composite secondary liner does not relieve the operator of responsibility for a separate primary liner under § 289.436 (relating to primary liner).
(f) Natural attenuation prohibited. A facility or a component thereof that is subject to this section may not have a secondary liner based upon natural attenuation of leachate.
Source The provisions of this § 289.434 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226760) to (226761).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); 25 Pa. Code § 289.436 (relating to primary liner); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.435. Leachate detection zone.
(a) The leachate detection zone shall meet the following performance standards. The leachate detection zone shall:
(1) Rapidly detect and collect liquid entering the leachate detection zone, and rapidly transmit the liquid to the leachate treatment system.
(2) Withstand chemical attack from waste or leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Prevent the liner from puncturing, cracking, tearing, stretching or otherwise losing its physical integrity.
(6) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate detection zone of a liner system shall meet the following design requirements. The leachate detection zone shall:
(1) Be at least 12 inches thick.
(2) Contain no material exceeding 0.5 inches in particle size.
(3) Create a flow zone between the secondary liner and the primary liner equal to, or more permeable, than 1.0 x 10-2 cm/sec., based on a laboratory testing and, when required by the Department, field testing.
(4) Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to a collection sump for storage, processing or disposal. The sump shall be separate from the leachate collection sump, and shall be of a sufficient size to transmit leachate that is generated.
(5) The piping system shall also meet the following requirements:
(i) The slope, size and spacing of the piping system shall assure that liquids drain from the leachate detection zone.
(ii) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(iii) The minimum diameter of the perforated pipe shall be 4 inches with a wall thickness of Schedule-80 or greater, as specified by ASTM, or equivalent.
(iv) The pipes shall be cleaned and maintained as necessary.
(6) The leachate detection zone shall have a minimum bottom slope of 2%.
(7) Contain noncarbonate stones or aggregate with no sharp edges.
(c) The operator shall monitor the leachate detection zone weekly to determine whether liquid is flowing from the zone.
(d) If liquid is flowing from the leachate detection zone, the operator shall immediately do the following:
(1) Notify the Department in writing.
(2) Estimate on a weekly basis, the volume of liquid flowing from the zone.
(3) Sample and analyze the liquid quarterly, unless a more frequent basis is required by the Department, for pH, specific conductivity, total organic carbon, chlorides and other parameters specified in the permit. The Department may also require sampling and analysis for other constituents expected to be found in the waste.
(4) Provide written copies of flow and analysis data to the Department.
(e) If leachate flow is greater than 100 gallons per acre of lined collection area per day, or more than 10% of leachate generation, the operator shall:
(1) Submit to the Department within 30 days a plan for locating the source of leachate in the leachate detection zone, and for determining the severity and cause of leachate penetration.
(2) Implement the plan upon Department approval, and complete the plan in a reasonable time not to exceed 6 months.
(3) Submit to the Department within 45 days after completion of the plan a report containing the new data collected, analysis of the data and recommendations concerning a remedial plan.
(4) Conduct quarterly sampling and analysis for the parameters in § 289.264(a)(1) (relating to sampling and analysis), and submit copies of the results of the analysis to the Department.
(f) If sampling results indicate the presence of constituents at concentrations that could result in groundwater degradation at a monitoring well, the operator shall:
(1) Submit a remedial plan for controlling the source of leachate in the leachate detection zone and correcting a malfunction or defect in the liner system, and implement the plan upon Department approval.
(2) Submit a permit modification application under § 287.222 (relating to permit modification) for increased groundwater monitoring, giving consideration to monitoring frequency, number of wells and other factors, and conduct increased groundwater monitoring upon Department approval of the application.
Source The provisions of this § 289.435 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226761) to (226763).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.436. Primary liner.
(a) Requirements. The primary liner shall meet the following requirements:
(1) The primary liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the primary liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The primary liner shall be resistant to physical failure, chemical failure and other failure from the properties identified under § 289.161 (relating to impoundment plan).
(4) The primary liner shall cover the bottom and sidewalls of the facility.
(b) Design requirements. Unless alternative design standards to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the primary liner shall meet, at the minimum, the requirements of Appendix A, Table I (relating to minimum liner design standards).
(c) Specifications. A primary liner shall be:
(1) No more permeable than 1.0 x 10-7 cm/sec., based on laboratory testing.
(2) Installed, if the liners are synthetic, according to the manufacturers specifications under the supervision of an authorized representative of the manufacturer. The approved quality control program shall be implemented in the field during the installation of the liner.
(3) Inspected for uniformity, damage and imperfections during construction or installation.
(d) Composite primary liner.
(1) If the operator does not design, construct, operate and maintain a composite secondary liner, the operator shall design, construct, operate and maintain a composite primary liner which has the following characteristics:
(i) An upper component made of a manufactured geosynthetic liner that meets the requirements of this section independently of the composite component.
(ii) A composite component made of earthen material that meets the requirement of § 289.434 (relating to secondary liner) independently of the upper component, except that the composite component may not be more permeable than 1.0 x 10-6 cm/sec., based on laboratory and field testing.
(2) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact between them.
(3) The use of a composite primary liner does not relieve the operator of responsibility for a separate secondary liner under § 289.434.
(e) Clay or earthen material prohibited. Except as provided in subsection (d), a facility or component thereof that is subject to this section may not have a primary liner made of clay or earthen material or a primary liner based upon natural attenuation of leachate.
Source The provisions of this § 289.436 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226763) to (226764).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.242 (relating to cover); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); 25 Pa. Code § 289.434 (relating to secondary liner); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.437. Protective cover.
(a) The protective cover shall meet the following performance standards. The protective cover shall:
(1) Protect the primary liner from physical damage from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.
(2) Protect the leachate collection system within the protective cover from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.
(3) Allow the continuous and free flow of leachate into the leachate collection system within the protective cover.
(4) The protective cover shall cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the protective cover shall meet the following design requirements. The protective cover shall be:
(1) Comprised of clean earthen material that contains no aggregate, rocks, debris, plant material or other solid material larger than 1/2 inch in diameter, and no material with sharp edges.
(2) Graded, uniformly compacted and smooth.
(3) As permeable as, or more permeable than, 1.0 x 10-2 cm/sec. based on laboratory testing, and shall allow the free flow of liquids and leachate passing through or generated by solid waste. Field testing shall also be conducted if required by the Department.
(4) At least 18 inches thick.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.438. Leachate collection system within protective cover.
(a) The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:
(1) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system.
(2) Withstand chemical attack from leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system with the protective cover shall comply with the following design requirements.
(1) The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of a sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.
(2) The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.
(3) The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule-80 or greater as specified by ASTM, or equivalent.
(4) The leachate collection system shall contain stones or aggregates.
(5) The pipes shall be installed primarily perpendicular to the flow and shall have a minimum postsettlement grade of at least 2%.
(6) The leachate collection system shall be cleaned and maintained as necessary.
(7) The leachate collection system shall have a minimum bottom slope of 2%.
(c) The Department may, in the permit, authorize the operator to delay activation of the leachate collection system until closure if the following are met:
(1) The impoundment is designed so that liquid covers waste during the active life of the facility.
(2) Wastes disposed at the impoundment are free draining.
(3) Solidification is solely dependent on gravity drainage.
(4) Test data or historical information, or both, from impoundments that received similar wastes show that the requirements of § 289.212(b) (relating to waste solidification) will be met 2 years after waste disposal ceases.
Source The provisions of this § 289.438 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226765) to (226766).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.212 (relating to waste solidification); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.431 (relating to scope and requirements); and 25 Pa. Code § 289.455 (relating to leachate collection and storage).
§ 289.439. Liner system; initial placement of solid waste.
The first 8 feet of solid waste placed on the protective cover may not contain material capable of penetrating or puncturing the protective cover.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.412 (relating to liner system and leachate control plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.431 (relating to scope and requirements).
ADDITIONAL OPERATING REQUIREMENTS
LEACHATE TREATMENT
§ 289.451. Scope.
A person or municipality operating a Class I residual waste disposal impoundment shall comply with this section and § § 289.452289.457.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); and 25 Pa. Code § 289.421 (relating to basic limitations).
§ 289.452. Basic treatment methods.
(a) Except as otherwise provided in this section, leachate shall be collected and handled by direct discharge into a permitted publicly-owned treatment works, following pretreatment, if pretreatment is required by Federal, state or local law or by discharge into another permitted treatment facility.
(b) Leachate may be collected and handled by onsite treatment and discharged into a receiving stream under a permit issued by the Department under The Clean Streams Law and regulations thereunder, if the Department approves this method in a residual waste disposal impoundment permit.
(c) Leachate may be collected and handled by spray irrigation following treatment. This method will not be allowed unless, at a minimum, the following apply:
(1) Discharge into a publicly-owned treatment works or other permitted treatment facility is not practicable.
(2) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and the regulations thereunder is not attainable.
(3) Spray irrigation will not cause air or water pollution.
(d) If the leachate is hazardous, it shall be managed under Article VII (relating to hazardous waste management).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.451 (relating to scope); 25 Pa. Code § 289.453 (relating to leachate transportation); and 25 Pa. Code § 289.454 (relating to leachate recirculation).
§ 289.453. Leachate transportation.
(a) For the first 3 years following initial discharge of leachate into the collection and handling system, leachate may be handled by vehicular transportation to, and leachate treatment at, an offsite treatment facility. Except as provided in § 289.414 (relating to modification of leachate treatment plan), the operator shall operate a leachate collection and treatment facility as provided in § 289.452 (relating to basic treatment methods) within 3 years following the detection of leachate in the collection or handling system.
(b) Vehicular transportation of leachate to an offsite treatment facility will not be allowed, unless the following requirements are met:
(1) Prior to the disposal of waste at the facility, the operator has in place at the site a permitted and fully operational system for fully pretreating the leachate in accordance with applicable pretreatment requirements of the primary and backup offsite treatment facilities.
(2) One of the following applies:
(i) Direct discharge into a publicly-owned treatment works or other permitted treatment facility is attainable within 3 years.
(ii) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and regulations thereunder in attainable within 3 years.
(3) A leachate recirculation system under § 289.454 (relating to leachate recirculation) is constructed and fully operational.
(4) The disposal impoundment operator has a valid contract for the treatment of leachate at an offsite treatment facility for up to 3 years. The contract shall prohibit the treatment facility operator from refusing to treat leachate without 6 months advance written notice to the landfill operator.
(5) The offsite treatment facility to which the leachate would be transported is operating in compliance with The Clean Streams Law and the regulations thereunder, and is otherwise authorized and capable of accepting and treating leachate from the disposal impoundment.
(c) If the operator loses the ability to dispose of leachate at the facility and is unable to secure an alternate offsite treatment facility acceptable to the Department within 15 days from loss of its approved treatment facility, implementation of the treatment plan required by § 289.452 shall begin immediately.
(d) If the operator cannot immediately implement a treatment plan under § 289.452 in compliance with this article, The Clean Streams Law and regulations thereunder, and cannot locate an alternative offsite treatment facility within 15 days, the operator shall cease accepting waste at the facility for storage, processing or disposal. Cessation shall continue until the operator obtains an acceptable means of treating its leachate from the facility.
(e) Notwithstanding other provisions of this subchapter, the operator shall have in place at the site a permitted and fully operational system for fully treating leachate at least 3 full years before closure of the facility.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.451 (relating to scope); and 25 Pa. Code § 289.454 (relating to leachate recirculation).
§ 289.454. Leachate recirculation.
(a) In conjunction with the treatment methods in § § 289.452 and 289.453 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(6) The leachate will not interfere with the solidification of waste at the impoundment.
(b) An alternate leachate recirculation method may be used if approved by the Department.
Source The provisions of this § 289.454 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255117).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); 25 Pa. Code § 289.451 (relating to scope); and 25 Pa. Code § 289.453 (relating to leachate transportation).
§ 289.455. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with § § 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 289.413 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standard in § 289.438(a)(1) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. The leachate treatment or handling system approved by the Department under § 289.413 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with the requirements in § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
Source The provisions of this § 289.455 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255117) to (255118).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.451 (relating to scope).
§ 289.456. Leachate analysis and sludge handling.
(a) Upon commencement of leachate flow from the facility, the operator shall sample, analyze and maintain a record of the following:
(1) On a daily basis, the average flow rate and volume of leachate flowing from the disposal impoundment into the leachate storage and treatment system.
(2) On a quarterly basis unless otherwise provided in the permit, the chemical composition of leachate flowing into the leachate treatment system. The analysis shall be sufficient to determine the impact of leachate on the liner system, the effectiveness of the leachate treatment system, the need for modification of the groundwater monitoring system or the effluent limitations in an NPDES permit and the actual characteristics of leachate from the waste disposed at the facility. For the purpose of this analysis, the leachate sample shall be collected from the influent storage tank or impoundment and shall be representative of the average mixed influent leachate quality.
(b) Sludges resulting from the treatment of leachate may be disposed at the facility if the sludges are not hazardous under Article VII (relating to hazardous waste management).
Source The provisions of this § 289.456 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (255118).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.264 (relating to sampling and analysis); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.451 (relating to scope).
§ 289.457. Departmental notice and remedial action.
The operator shall immediately notify the Department and describe remedial steps to be taken if:
(1) Operation of the treatment facilities in accordance with the approved plan cannot prevent violation of the terms of its permits, The Clean Stream Law or regulations thereunder.
(2) The facility is generating a quality or quantity of leachate that exceeds the design capacity of the onsite pretreatment system.
(3) The contractual agreement for leachate treatment by an offsite treatment system is breached or expired.
(4) The quality or quantity of solid waste being disposed at the site changes from that set forth in the permit.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.413 (relating to leachate treatment plan); 25 Pa. Code § 289.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 289.421 (relating to basic limitations); and 25 Pa. Code § 289.451 (relating to scope).
Subchapter E. ADDITIONAL REQUIREMENTS FOR CLASS II
RESIDUAL WASTE DISPOSAL IMPOUNDMENTS
SCOPE Sec.
289.501. Scope.
ADDITIONAL APPLICATION REQUIREMENTS
289.511. General requirements.
289.512. Liner system and leachate control plan.
289.513. Leachate treatment plan.
289.514. Modifications of leachate treatment plan.
289.515. Waste classification plan.
ADDITIONAL OPERATING REQUIREMENTSGENERAL
289.521. Limitations.
289.522. Areas where Class II residual waste disposal impoundments
are prohibited.
289.523. Minimum requirements for acceptable waste.
ADDITIONAL OPERATING REQUIREMENTS
LINER SYSTEM
289.531. Scope and requirements.
289.532. General limitations.
289.533. Subbase.
289.534. Leachate detection zone.
289.535. Liner.
289.536. Protective cover.
289.537. Leachate collection system within protective cover.
289.538. Initial placement of solid waste.
ADDITIONAL OPERATING REQUIREMENTS
LEACHATE TREATMENT
289.551. Scope.
289.552. Basic treatment methods.
289.553. Leachate transportation.
289.554. Leachate recirculation.
289.555. Leachate collection and storage.
289.556. Leachate analysis and sludge handling.
289.557. Departmental notice and remedial action.
SCOPE
§ 289.501. Scope.
This subchapter sets forth additional application and operating requirements for Class II residual waste disposal impoundments.
ADDITIONAL APPLICATION REQUIREMENTS
§ 289.511. General requirements.
In addition to the application requirements in Subchapter B (relating to application requirements), an application for a permit to operate a Class II residual waste disposal impoundment shall comply with § § 289.512289.514 (relating to liner system and leachate control plan; leachate treatment plan; and modifications of leachate treatment plan). These requirements shall be part of the Phase II permit application.
§ 289.512. Liner system and leachate control plan.
(a) The application shall contain plans, drawings, cross sections and specifications for a liner system to demonstrate compliance with § § 289.531289.538 (relating to additional operating requirementsliner system), including the following:
(1) The design of the liner system, including thickness and characteristics of the subbase, the thickness and characteristics of the leachate detection zone, the design for the leachate monitoring system in the leachate detection zone, the nature and thickness of the liner material, the thickness and characteristics of the protective cover and leachate collection zone and the design for the leachate collection system in the collection zone.
(2) A plan for installing the liner system.
(b) The application shall include a quality assurance and quality control plan for the construction and installation of the liner system. The plan shall include, at a minimum, the following:
(1) A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system.
(2) A description of the manner in which the protective cover and the liner system will be maintained and protected in unfilled portions of the disposal area prior to and during initial disposal of solid waste.
(3) A description of the manner in which the protective cover and liner system will be protected from weather prior to and during initial disposal of solid waste.
(4) A description of the qualifications of the quality assurance and quality control personnel, presented in terms of experience and training necessary to implement the plan.
(5) A sampling plan for every component of the liner system, including sample size, methods for determining sample locations, sampling frequency, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented as soon as possible.
(6) A plan for documenting compliance with the quality assurance and quality control plan.
(c) The application shall demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liners ability to restrict the flow of solid waste, solid waste constituents or leachate based on EPA or ASTM guidelines approved by the Department.
(d) The application shall include a complete description of the physical, chemical, mechanical and thermal properties for the proposed liner, based on ASTM methods when appropriate. These properties shall include, at a minimum:
(1) Thickness.
(2) Tensile strength at yield.
(3) Elongation at yield.
(4) Elongation at break.
(5) Density.
(6) Tear resistance.
(7) Carbon black content.
(8) Puncture resistance.
(9) Seam strength% of liner strength.
(10) Ultraviolet light resistance.
(11) Carbon black dispersion.
(12) Permeability.
(13) Liner friction.
(14) Stress crack resistance.
(15) Oxidative induction time.
(16) Chemical compatibility.
(17) Percent recycled materials.
Source The provisions of this § 289.512 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226772) to (226774).
Cross References This section cited in 25 Pa. Code § 289.511 (relating to general requirements); 25 Pa. Code § 289.514 (relating to modifications of leachate treatment plan); and 25 Pa. Code § 289.555 (relating to leachate collection and storage).
§ 289.514. Modifications of leachate treatment plan.
(a) If a problem identified in § 289.557 (relating to Departmental notice and remedial action) occurs, the operator shall submit to the Department, within 60 days, a permit modification application under § 287.222 (relating to permit modification), with plans, designs and cross sections to modify its leachate treatment plan.
(b) The Department may approve permit modification applications under § 287.222 to extend, by 1 year at a time, the 3-year limitation for leachate transportation in § 289.553(a) (relating to leachate transportation), if the following conditions apply:
(1) The applicant complies with § 289.513(b) (relating to leachate treatment plan).
(2) The applicant has obtained necessary permits to construct and operate a leachate treatment system under § 289.552 (relating to basic treatment methods).
(3) Leachate transportation from the facility has not caused or contributed to violations of the terms or conditions of the permit.
(4) The applicant has a valid contract for the treatment of leachate at an offsite treatment facility for the 1-year term of the proposed permit modification.
(5) The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law and regulations thereunder, and is otherwise capable of accepting and treating leachate from the disposal impoundment.
(6) The disposal impoundment has a remaining permitted life, based on permitted capacity, of at least 3 years.
Cross References This section cited in 25 Pa. Code § 289.511 (relating to general requirements); and 25 Pa. Code § 289.553 (relating to leachate transportation).
§ 289.515. Waste classification plan.
In addition to the application requirements set forth in Subchapter B (relating to application requirements), the application shall demonstrate that waste that is proposed to be disposed of at the facility complies with § 289.523 (relating to minimum requirements for acceptable waste).
ADDITIONAL OPERATING REQUIREMENTSGENERAL
§ 289.521. Limitations.
(a) In addition to the operating requirements in Subchapter C (relating to operating requirements), a person or municipality that operates a Class II residual waste disposal impoundment shall comply with § § 289.522, 289.523, 289.531289.538 and 289.551289.557.
The provisions of this § 289.522 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226777) to (226779).
Cross References The provisions of this § 289.523 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226779) to (226781).
Cross References This section cited in 25 Pa. Code § 289.132 (relating to operation plan); 25 Pa. Code § 289.211 (relating to waste analysis); 25 Pa. Code § 289.515 (relating to waste classification plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 299.143 (relating to application requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
ADDITIONAL OPERATING REQUIREMENTS
LINER SYSTEM
§ 289.531. Scope and requirements.
(a) A person or municipality operating a Class II residual waste disposal impoundment shall design, construct, operate and maintain a liner system for disposal areas of the facility or components thereof in accordance with this section and § § 289.532289.538.
(b) The liner system for a Class II residual waste disposal impoundment shall include the following elements:
(1) The subbase, which is the prepared layer of soil or earthen material upon which the remainder of the liner system is constructed.
(2) The leachate detection zone, which is a prepared layer placed on top of the subbase and upon which the liner is placed, and in which a leachate detection system is located.
(3) The composite liner, which is a continuous layer of synthetic material over earthen material, placed on the leachate detection zone.
(4) The protective cover and leachate collection zone, which is a prepared layer placed over the liner in which a leachate collection system is located.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); and 25 Pa. Code § 289.521 (relating to limitations).
§ 289.532. General limitations.
(a) The bottom of the subbase of the liner system cannot be in contact with the seasonal high table or perched water table without the use of groundwater pumping systems.
(1) Soil mottling may indicate the presence of a seasonal high water table.
(2) Drainage systems may be utilized to prevent contact between the bottom of the subbase of the liner system and the seasonal high water table or perched water table. The operator may not use a drainage system if the system is likely to adversely affect the quality or quantity of water provided by a public or private water supply, even if a replacement supply is available under § 289.255 (relating to water supply replacement). The drainage system shall be limited to drain tile, piping, french drains or equivalent methods.
(b) For unconfined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the regional groundwater table. The regional groundwater table may not be artificially lowered.
(c) For confined aquifers, at least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(d) If the approved design plans provide for the placement of an additional adjacent liner, the following apply:
(1) Waste may not be placed within 25 feet of an edge of the liner.
(2) The edge of the liner shall be protected by approved soil cover, or another material approved in the permit, until additional liner is added.
(e) If the approved design plans do not provide for the placement of additional adjacent liner, waste may not be placed within 4 feet of an edge of the liner.
(f) The edge of the liner shall be clearly marked.
Source The provisions of this § 289.532 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226782) to (226783).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.531 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.533. Subbase.
(a) The subbase shall meet the following performance standards. The subbase shall:
(1) Bear the weight of the liner system, waste, waste cover material and equipment operating on the facility without causing or allowing a failure of the liner system.
(2) Accommodate potential settlement without damage to the liner system.
(3) Be a barrier to the transmission of liquids.
(4) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the subbase shall meet the following design requirements. The subbase shall:
(1) Consist of an upper 6 inches that is:
(i) Compacted to a standard proctor density of at least 95%.
(ii) No more permeable than 1.0 x 10-5 cm/sec., based on laboratory and field testing.
(iii) Hard, uniform, smooth and free of debris, rock fragments, plant materials and other foreign material.
(2) Have a minimum bearing capacity of 4,500 pounds per square foot plus the total applied load in pounds per square foot.
(3) Have a slope of at least 2% and no more than 25%.
Cross References The provisions of this § 289.534 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226783) to (226785).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.531 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.535. Liner.
(a) Standards of performance. The liner shall meet the following standards of performance:
(1) The liner shall prevent the migration of leachate through the liner to the greatest degree that is technologically possible.
(2) The effectiveness of the liner in preventing the migration of leachate may not be adversely affected by the physical or chemical characteristics of solid waste, solid waste constituents or leachate from the facility.
(3) The liner shall be resistant to physical failure, chemical failure, and other failure from the sources identified under § 289.512(d) (relating to liner system and leachate control plan).
(4) The liner shall cover the bottom and sidewalls of the facility.
(b) Alternative design requirements. Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the liner shall meet, at the minimum, the requirements of Appendix A, Table II (relating to minimum liner design standards).
(c) Requirements. A liner shall meet the following standards. A liner shall include:
(1) An upper component made of a manufactured geosynthetic liner that meets the following requirements independently of the composite component:
(i) The upper component is no more permeable than 1.0 x 10-7 cm/sec. based on laboratory testing.
(ii) The upper component is installed according to manufacturers specifications under the supervision of an authorized representative of the manufacturer. An approved assurance and quality control program shall be implemented in the field during the installation of the liner.
(iii) The upper component is inspected for uniformity, damage and imperfections during construction and installation.
(2) A composite component made of earthen material that meets the following requirements independent of the upper component:
(i) The composite component is no more permeable than 1.0 x 10-6 cm/sec., based on laboratory testing and field testing.
(ii) The composite component is designed, installed and maintained according to a quality assurance and quality control plan approved by the Department.
(iii) The composite component is inspected for uniformity, damage and imperfections during construction and installation.
(iv) The composite component shall be constructed in compacted lifts not exceeding 6 inches in depth. A lift shall be scarified before placement of the next lift.
(3) The two components of the composite liner shall be designed, constructed and maintained to provide a compression connection, or direct continuous contact, between them.
(d) Compacted lifts. Liners made of clay, bentonite and bentonite-like materials shall be constructed in compacted lifts not exceeding 6 inches in depth. A lift shall be scarified before placement of the next lift.
Source The provisions of this § 289.535 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226785) to (226787).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.531 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.536. Protective cover.
(a) The protective cover shall meet the following performance standards. The protective cover shall:
(1) Protect the primary liner from physical damage from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.
(2) Protect the leachate collection system within the protective cover from stresses and disturbances from overlying wastes, waste cover materials and equipment operation.
(3) Allow the continuous and free flow of leachate into the leachate collection system within the protective cover.
(4) The protective cover shall cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to meet the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the protective cover shall meet the following design requirements. The protective cover shall be:
(1) Comprised of clean earth material that contains no aggregate, rocks, debris, plant material or other solid material larger than 1/2 inch in diameter, and no material with sharp edges.
(2) Graded, uniformly compacted and smooth.
(3) As permeable as, or more permeable than 1.0 x 10-2 cm/sec., based on laboratory testing, and shall allow the free flow of liquids and leachate passing through or generated by solid waste. Field testing shall also be conducted if required by the Department.
(4) At least 18 inches thick.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.531 (relating to scope and requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).
§ 289.537. Leachate collection system within protective cover.
(a) The leachate collection system within the protective cover shall meet the following performance standards. The leachate collection system shall:
(1) Ensure that free flowing liquids and leachate will drain continuously from the protective cover to the leachate treatment system.
(2) Withstand chemical attack from leachate.
(3) Withstand anticipated loads, stresses and disturbances from overlying waste, waste cover materials and equipment operation.
(4) Function without clogging.
(5) Cover the bottom and sidewalls of the facility.
(b) Unless alternative design requirements to the performance standards in subsection (a) are approved as part of the permit under § 287.231 (relating to equivalency review procedure), the leachate collection system with the protective cover shall comply with the following design requirements.
(1) The leachate collection system shall include a perforated piping system which is capable of intercepting free flowing liquids and leachate within the protective cover and conveying them to a collection sump for storage, processing or disposal. The collection sump shall be of sufficient size to transmit leachate that is generated and shall be capable of automatic and continuous functioning.
(2) The perforated piping system shall be sloped, sized and spaced to assure that free flowing liquids and leachate will drain continuously from the protective cover to the collection sump or point.
(3) The minimum diameter of the perforated pipes shall be 6 inches with a wall thickness of Schedule-80 or greater as specified by ASTM, or equivalent.
(4) The leachate collection system shall contain stones or aggregates.
(5) The pipes shall be installed primarily perpendicular to the flow, and shall have a minimum postsettlement grade of at least 2%.
(6) The leachate collection system shall be cleaned and maintained as necessary.
(7) The leachate collection system shall have a minimum bottom slope of 2%.
(c) The Department may, in the permit, authorize the operator to delay activation of the leachate collection system until closure if the following are met:
(1) The impoundment is designed so that liquid covers waste during the life of the facility.
(2) Waste disposed at the impoundment are free draining.
(3) Solidification is solely dependent on gravity drainage.
(4) Test data or historical information, or both, from impoundments that received similar wastes show that the requirements of § 289.212(b) (relating to waste solidification) will be met within 2 years after waste disposal ceases.
Source The provisions of this § 289.537 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226787) to (226788) and (255119).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.212 (relating to waste solidification); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.531 (relating to scope and requirements); and 25 Pa. Code § 289.555 (relating to leachate collection and storage).
§ 289.538. Initial placement of solid waste.
The first 8 feet of solid waste placed on the protective cover may not contain material capable of penetrating or puncturing the protective cover.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.512 (relating to liner system and leachate control plan); 25 Pa. Code § 289.521 (relating to limitations); and 25 Pa. Code § 289.531 (relating to scope and requirements).
ADDITIONAL OPERATING REQUIREMENTS
LEACHATE TREATMENT
§ 289.551. Scope.
A person or municipality operating a Class II residual waste disposal impoundment shall comply with the requirements of this section and § § 289.552289.557.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.521 (relating to limitations); and 25 Pa. Code § 289.552 (relating to basic treatment methods).
§ 289.552. Basic treatment methods.
(a) Except as otherwise provided in this section, leachate shall be collected and handled by direct discharge into a permitted publicly-owned treatment works, following pretreatment, if pretreatment is required by Federal, State or local law or by discharge into another permitted treatment facility.
(b) Leachate may be collected and handled by onsite treatment and discharged into a receiving stream under a permit issued by the Department under The Clean Streams Law and regulations thereunder, if the Department approves this method in the permit.
(c) Leachate may be collected and handled by spray irrigation following treatment. This method will not be allowed unless, at a minimum, the following conditions are met:
(1) Discharge into a publicly-owned treatment works or other permitted treatment facility is not practicable.
(2) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and the regulations thereunder is not attainable.
(3) Spray irrigation will not cause air or water pollution.
(d) If the leachate is hazardous, it shall be managed under Article VII (relating to hazardous waste management).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.514 (relating to modifications of leachate treatment plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.551 (relating to scope); 25 Pa. Code § 289.553 (relating to leachate transportation); and 25 Pa. Code § 289.554 (relating to leachate recirculation).
§ 289.553. Leachate transportation.
(a) For the first 3 years following initial discharge of leachate into the collection and handling system, leachate may be handled by vehicular transportation to, and leachate treatment at, an offsite treatment facility. Except as provided in § 289.514 (relating to modifications of leachate treatment plan), the operator shall operate a leachate collection and treatment facility as provided in § 289.552 (relating to basic treatment methods) within 3 years following the detection of leachate in the collection or handling system.
(b) Vehicular transportation of leachate to an offsite treatment facility will not be allowed unless the following requirements are met:
(1) Prior to the disposal of waste at the facility, the operator shall have in place at the site a permitted and fully operational system for fully pretreating the leachate in accordance with applicable pretreatment requirements of the primary and backup offsite treatment facilities.
(2) One of the following applies:
(i) Direct discharge into a publicly-owned treatment works or other permitted treatment facility is attainable within 3 years.
(ii) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and regulations thereunder is attainable within 3 years.
(3) A leachate recirculation system under § 289.554 (relating to leachate recirculation) is constructed and fully approved.
(4) The disposal impoundment operator has a valid contract for the treatment of leachate at an offsite treatment facility for up to 3 years. The contract shall prohibit the treatment facility operator from refusing to treat leachate without 6 months advance written notice to the disposal impoundment operator.
(5) The offsite treatment facility to which leachate would be transported is operating in compliance with The Clean Streams Law and regulations thereunder, and is otherwise capable of accepting and treating leachate from the disposal impoundment.
(c) If the operator loses the ability to dispose of leachate at the facility and is unable to secure an alternate offsite treatment facility acceptable to the Department within 15 days from loss of its approved treatment facility, implementation of the treatment plan required by § 289.552 shall begin immediately.
(d) If the operator cannot immediately implement a treatment plan under § 289.552 to comply with this article, The Clean Streams Law and regulations thereunder, and cannot locate an alternative offsite treatment facility within 15 days, the operator shall cease accepting waste at the facility for storage, processing or disposal. Cessation shall continue until the operator obtains an acceptable means of treating its leachate.
(e) Notwithstanding other provisions of this subchapter, the operator shall have in place at the site a permitted and fully operational system for treating leachate at least 3 full years before closure of the facility.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.514 (relating to modifications of leachate treatment plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.551 (relating to scope); and 25 Pa. Code § 289.554 (relating to leachate recirculation).
§ 289.554. Leachate recirculation.
(a) In conjunction with the treatment methods in § § 289.552 and 289.553 (relating to basic treatment methods; and leachate transportation), recirculation of leachate generated at the facility may be utilized if the following conditions exist:
(1) The area subject to leachate recirculation previously has been filled with solid waste.
(2) There is sufficient residual waste capacity to absorb the leachate.
(3) The area subject to leachate recirculation is underlain by a leachate collection system.
(4) Leachate recirculation is conducted with an approved piping system located under the intermediate cover, and causes no odors, runoff or ponding.
(5) The leachate is not a hazardous waste.
(6) The leachate will not interfere with the solidification of waste at the impoundment.
(b) An alternate leachate recirculation method may be used if approved by the Department.
Source The provisions of this § 289.554 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226791) to (226792).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 289.551 (relating to scope); and 25 Pa. Code § 289.553 (relating to leachate transportation).
§ 289.555. Leachate collection and storage.
(a) Impoundments or tanks for storing leachate before or during treatment shall be constructed in accordance with § § 299.122, 299.142 and 299.145 (relating to storage tanks; general requirements; and failure).
(b) An onsite leachate storage system shall be part of each leachate treatment method used by the operator. The storage system shall contain impoundments or tanks for storage of leachate. For noncaptive facilities, the tanks or impoundments shall have a storage capacity at least equal to the maximum expected production of leachate for a 30-day period for the life of the facility estimated under § 289.513 (relating to leachate treatment plan). For captive facilities, the tank or impoundment shall have sufficient storage capacity to ensure proper operation of the treatment facility in accordance with the approved leachate treatment plan and shall meet the performance standards in § 289.537(a)(1) (relating to leachate collection system within protective cover). No more than 25% of the total leachate storage capacity may be used for flow equalization on a regular basis.
(c) The impoundments or tanks shall be aerated as necessary to prevent and control odors. Impoundments or tanks shall each have a capacity of at least 250,000 gallons, unless otherwise approved by the Department.
(d) The storage capacity of impoundments and tanks at a site shall be increased, if additional storage is required, prior to each major phase of construction and as otherwise necessary.
(e) Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system.
(f) Necessary collection and containment systems shall be installed prior to the deposition of solid waste at the site. A leachate treatment or handling system approved by the Department under § 289.513 shall be installed or ready for use prior to the storage or disposal of solid waste at the site.
(g) For areas permitted after January 13, 2001, all underground pipes used for the transport of leachate from the liner system to the leachate storage impoundments or tanks shall be equipped with secondary containment or comply with § 245.445 (relating to methods for release detection for piping). Secondary containment shall be designed, constructed and installed to direct any release to an area that can be inspected for leaks.
Source The provisions of this § 289.555 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226792).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.521 (relating to limitations); and 25 Pa. Code § 289.551 (relating to scope).
§ 289.556. Leachate analysis and sludge handling.
(a) Upon commencement of leachate flow from the facility, the operator shall sample, analyze and maintain a record of the following:
(1) On a daily basis, the average flow rate and volume of leachate flowing from the disposal impoundment into the leachate storage and treatment system.
(2) On a quarterly basis, unless otherwise specified in the permit the chemical composition of leachate flowing into the leachate treatment system. The analysis shall be sufficient to determine the impact of leachate on the liner system, the effectiveness of the leachate treatment system, the need for modification of the groundwater monitoring system or the effluent limitations in an NPDES permit, and the actual characteristics of leachate from the waste disposed at the facility. For the purpose of the analysis, the leachate sample shall be collected from the influent storage tank or impoundment and shall be representative of the average mixed influent quality.
(b) Sludges resulting from the treatment of leachate may be disposed at the facility if the sludges are not hazardous under Article VII (relating to hazardous waste management).
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.264 (relating to sampling and analysis); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.514 (relating to modifications of leachate treatment plan); 25 Pa. Code § 289.521 (relating to limitations); and 25 Pa. Code § 289.551 (relating to scope).
§ 289.557. Departmental notice and remedial action.
The operator shall immediately notify the Department and describe remedial steps to be taken whenever:
(1) Operation of the treatment facility in accordance with the approved plan cannot prevent violation of the terms of its permits, The Clean Streams Law or regulations thereunder.
(2) The facility is generating a quality or quantity of leachate that exceeds the design capacity of the onsite pretreatment or treatment system.
(3) The contractual agreement for leachate treatment by an offsite treatment system is breached or expired.
(4) The quality or quantity of waste being disposed at the site changes from that in the permit.
Cross References This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 289.513 (relating to leachate treatment plan); 25 Pa. Code § 289.514 (relating to modification of leachate treatment plan); and 25 Pa. Code § 289.551 (relating to scope).
APPENDIX A
TABLE I
MINIMUM LINER DESIGN STANDARDS
Minimum Field Liner Density Thickness (Units (Tests as Liner Material Function as Specified) Specified) Remarks Geosynthetics Primary or Secondary Liner 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. HDPE liners shall be at least 60 mil. Geosynthetics Cap 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. Natural & Remolded Clay Secondary Liner, Cap,
Composite Component2 feet
2 feet
1 foot=90%*
=90%*
=90%*1. Minimum of 30% fines by weight less than 0.074 mm particle size (#200 sieve).
2. Plasticity Index greater than or equal to 10.
3. No coarse fragments greater than 3/4 inch in diameter.Sodium bentonite & Bentonite-like materials/soil mixtures Secondary Liner, Cap,
Composite Component2 feet
2 feet
1 foot=90%*
=90%*
=90%*1. Minimum of 8% powdered sodium bentonite or manufacturers recommendations, whichever is greater.
2. No coarse fragments greater than 3/4 inch in diameter.
3. No organic matter.
4. Coarse fragment content (those materials greater than 4.76 mm. in diameter) shall not exceed 10% by weight.Geosynthetic clay liner (GCL) Composite Component N/A N/A 1. Minimum of 3/4 pound of powdered or granular sodium bentonite per square foot. * Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
Cross References This table is cited in 25 Pa. Code § 289.242 (relating to cover); 25 Pa. Code § 289.434 (relating to secondary liner); and 25 Pa. Code § 289.436 (relating to primary liner).
TABLE II
MINIMUM LINER DESIGN STANDARDS
Minimum Field Liner Density Thickness (Units (Tests as Liner Material Function as Specified) Specified) Remarks Geosynthetics Liner Cap 30 mil N/A 1. A greater thickness may be required depending upon the recommendations of the manufacturer. HDPE liners shall be at least 60 mil. Natural & Remolded Clay Cap,
Composite Component2 feet
1 foot
=90%*
=90%*
1. Minimum of 30% fines by weight less than 0.074 mm particle size (#200 sieve).
2. Plasticity Index greater than or equal to 10.
3. No coarse fragments greater than 3/4 inch in diameter.Sodium bentonite & Bentonite-like materials/soil mixtures Cap,
Composite Component2 feet
1 foot=90%*
=90%*1. Minimum of 8% powdered sodium bentonite or manufacturers recommendations, whichever is greater.
2. No coarse fragments greater than 3/4 inch in diameter.
3. No organic matter.
4. Coarse fragment content (those materials greater than 4.76 mm. in diameter), shall not exceed 10% by weight.Geosynthetic Clay Liner (GCL) Composite Component N/A N/A 1. Minimum of 3/4 pound of powdered or granular sodium bentonite per square foot.
* Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
Cross References This table cited in 25 Pa. Code § 289.535 (relating to liner).
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