Current through Register Vol. 54, No. 44, November 2, 2024
(a) A person or municipality may not dispose
of residual waste at a Class II residual waste landfill unless the waste meets
the following criteria:
(1) The residual
waste may not be of a type from which the maximum concentration obtained for a
contaminant, based on a chemical analysis of its leachate submitted under
§
287.132 (relating to chemical
analysis of waste), and approved by the Department, exceeds 50 times the waste
classification standard for that contaminant. If analytical quantitation limits
prevent determination of the acceptability of a residual waste under this
paragraph, the Department may consider the total analysis of the waste as well
as the physical and chemical characteristics of the contaminant in making a
determination of acceptability of the waste at the facility.
(2) Notwithstanding the limitation in
paragraph (1), the Department may authorize the disposal of residual waste at a
monofill if the waste is of a type from which the maximum concentration
obtained for a contaminant, based on a chemical analysis of its leachate
submitted under § 287.132, exceeds 50 times the SMCL for that contaminant,
if the SMCL is the waste classification standard for the contaminant. The
Department may authorize the disposal of the waste only upon a demonstration
that disposal of the waste at the facility will not cause groundwater
degradation that exceeds the SMCL for a contaminant at a monitoring point or
groundwater degradation that exceeds background levels at the property boundary
for the contaminant.
(3) Even if a
waste meets the requirements of this section, and the Department has previously
authorized the disposal of the waste at the facility, the Department may
require that the waste be disposed at a Class I landfill if one of the
following applies:
(i) Monitoring data
indicate that the waste or contaminants of the waste are migrating from the
landfill.
(ii) The approved
chemical and leaching analysis no longer accurately predicts the leachability
of the waste.
(4) The
Department may authorize a facility which disposes of a waste in accordance
with a permit under this article to continue to dispose of the waste at the
facility although a waste classification standard for a contaminant has been
changed so that the waste would no longer meet the criteria for disposal of the
waste at the facility under paragraph (1), if the operator of the facility
demonstrates to the Department's satisfaction that disposal of the waste will
not cause groundwater degradation that exceeds the waste classification
standard for a contaminant at a monitoring point or groundwater degradation
that exceeds background levels at the property boundary for a
contaminant.
(5) If more than one
type of waste or waste contaminants are identified in the chemical and leaching
analysis, the waste shall be disposed at the most protective type of facility
required for the waste types and waste contaminants identified in the
analysis.
(6) Neither residual
waste nor leachate from the waste will adversely affect the ability of the
liner system to prevent groundwater degradation.
(7) Leachate generated from the residual
waste will be treated by the facility's leachate treatment system under
applicable laws in a manner that will protect public health, safety and the
environment.
(8) The residual waste
will not react, combine or otherwise interact with other waste that is or will
be disposed at the facility that will adversely affect the ability of the liner
system to prevent groundwater degradation.
(9) Except to the extent that leachate
recirculation is allowed in the permit, residual waste may not be bulk or
uncontainerized liquid waste. Containers holding free liquids may not be
accepted unless the container is less than 1 gallon in size, except as
otherwise provided in the permit.
(10) The residual waste shall have a pH
between 5.0 and 12.5 unless otherwise specified by the Department in the
permit. The pH may be adjusted to meet this requirement.
(11) The residual waste may not be allowed to
react, combine or otherwise interact with other waste or materials to endanger
public health, safety and welfare or the environment by generating extreme heat
or pressure, fire or explosion, or toxic mists, fumes, dusts or vapors. The
potential for the interaction shall be determined using the procedure in the
EPA's "A Method for Determining the Compatibility of Hazardous
Wastes" (EPA-600/2-80-076) or another equivalent method approved by
the Department in the permit.
(12)
The physical characteristics of the waste will not cause or contribute to
structural instability or other operating problems at the site.
(b) A person or municipality may
not dispose of municipal or special handling waste at a Class II residual waste
landfill, except as follows:
(1) The
Department may, in the permit, approve the storage or disposal of the following
types of waste generated by the operator:
(i)
Construction/demolition waste.
(ii)
Water treatment plant sludge.
(iii)
Industrial lunchroom and office waste.
(iv) Waste tires.
(2) The Department may permit water treatment
plant sludge monofills or waste tire monofills.
(c) A person or municipality may not dispose
of hazardous waste at a Class II residual waste landfill.
(d) A person or municipality may not dispose
of solid waste at a Class II residual waste landfill if the Toxic Substances
Control Act (15 U.S.C.A.
§§
2601-2629) prohibits the
disposal of the solid waste at the residual waste landfill.
(e) Nothing in this section shall limit
otherwise applicable design, construction, and operation requirements under
§
288.521 (relating to basic
limitations).
This section cited in 25 Pa. Code §
288.132 (relating to operation
plan); 25 Pa. Code §
288.203 (relating to waste
analysis); 25 Pa. Code §
288.515 (relating to water
classification plan); and 25 Pa. Code §
288.521 (relating to basic
limitations).