Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article IX - Residual Waste Management
Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS
Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
TRANSITION SYSTEM FOR EXISTING FACILITIES
Section 287.113 - Permitting procedure for unpermitted processing or disposal facilities

(a) Residual waste processing or disposal facilities, including disposal impoundments and facilities subject to general permit, that meet the following requirements are subject to this section:

(b) An impoundment which stores residual waste for more than 1 year without regularly removing the waste is presumed to be a disposal impoundment in accordance with § 299.113 (relating to duration of storage).

(c) Within 6 months after receiving written notification from the Department, or by July 4, 1995, if the Department does not provide written notification, a person or municipality that operates a residual waste disposal or processing facility that is subject to this section shall file one of the following with the Department:

(d) Within 6 months after the Department has made an initial request to a person or municipality that is subject to this section to make substantive corrections or changes to the application under § 287.203 (relating to review period), or within an alternative time period specified by the Department in the request under § 287.203 the person or municipality shall cease accepting, processing, storing or disposing of solid waste at the facility unless the person or municipality has been issued a permit for the facility under this article. The 6-month time period, or alternate time period specified by the Department in the request under § 287.203, does not include periods beginning with the date that the Department receives the applicant's reply to the Department's request and ending with the date that the Department makes a subsequent request for corrections or changes under § 287.203.

(e) By July 4, 1995, a person or municipality operating a facility subject to this section may not dispose or process waste at the facility unless one of the following applies:

(f) When the Department denies a permit application for a facility subject to this section, the operator of the facility shall immediately cease accepting, processing or disposing solid waste at the facility and shall file a closure plan consistent with § 287.117 with the Department within 6 months from the date of the permit denial, unless an alternative time period is specified by the Department in writing in the permit denial.

(g) When the Department issues a permit to a facility subject to this section, the owner or operator of the facility shall construct the facility and begin accepting waste within 1 year after the permit is issued, unless a different time period is set forth in the permit.