Current through Register Vol. 55, No. 13, March 29, 2025
(a) A person or municipality may not dispose
of residual waste at a Class III residual waste landfill unless the waste meets
all of the following criteria:
(1) The
residual waste may not be of a type from which the maximum concentration
obtained for 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 the following:
(i) For metals and other cations, 25 times
the waste classification standard for a contaminant.
(ii) For contaminants other than metals and
cations, the waste classification standard for a 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) Residual
waste may not be disposed of at the facility if the disposal of the waste at
the facility will result in a level of groundwater degradation at one or more
monitoring points that exceeds the level of degradation that would result at
the same monitoring points from the disposal of the waste at the facility if
the facility were designed, constructed and operated as a Class II landfill.
The Department may approve the disposal of waste at a monofill that contains
contaminants other than metals or cations with a maximum concentration that is
less than 10 times the waste classification standard for the contaminants,
based on a chemical analysis of its leachate submitted under §
287.132, if
the following are met:
(i) Disposal of the
waste will improve preexisting groundwater degradation.
(ii) Preexisting degradation did not result
from activities of the person or municipality that proposes to dispose of
residual waste, or a related party to the person or municipality.
(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 II or 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 of the waste no longer accurately predict 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 amended in a way 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
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) The residual waste may not be a
wastewater treatment sludge, unless it has been stabilized or
solidified.
(7) The type, volume
and concentration of constituents of residual waste being proposed for disposal
shall indicate that the waste and its leachate are capable of being attenuated
by the soil under the disposal area in a manner that will prevent groundwater
degradation.
(8) The residual waste
will not react, combine or otherwise interact with other waste that is or will
be disposed at the facility in a manner that will adversely affect the ability
of the attenuating soil to prevent degradation of groundwater.
(9) The residual waste may not have a
petroleum based oil and grease content that exceeds 1% by dry weight.
(10) Except to the extent that leachate
recirculation is allowed in the permit, residual waste may not be bulk or
noncontainerized 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.
(11) The residual waste shall have a pH
between 5.5 and 9.5 unless otherwise specified by the Department in the permit.
The pH may be adjusted to meet this requirement.
(12) 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 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.
(13)
Municipal waste may not be stored, processed or disposed at the facility,
except as follows:
(i) The Department may, in
the permit, approve the storage or disposal of construction/demolition waste
generated by the operator.
(ii) The
Department may permit water treatment plant sludge monofills or waste tire
monofills.
(14) 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 hazardous waste at a Class III residual waste
landfill.
(c) A person or
municipality may not dispose of solid waste at a Class III 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.
(d) Nothing in this section limits otherwise
applicable design, construction and operation requirements under §
288.621 (relating to basic
requirements).
This section cited in 25 Pa. Code §
287.621 (relating to application
for general permit); 25 Pa. Code §
288.132 (relating to operation
plans); 25 Pa. Code §
288.203 (relating to waste
analysis); 25 Pa. Code §
288.612 (relating to waste
classification plan); and 25 Pa. Code §
288.621 (relating to basic
requirements).