Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article VIII - Municipal Waste
Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS
Subchapter I - BENEFICIAL USE
CONTENT OF GENERAL PERMITS AND WAIVERS
Section 271.831 - Contents of general permits
Universal Citation: 25 PA Code ยง 271.831
Current through Register Vol. 54, No. 44, November 2, 2024
(a) A general permit issued by the Department will include, at a minimum:
(1) A clear and specific description of the
category of waste and the category of beneficial use or processing of municipal
waste eligible for coverage under the general permit.
(2) The standards in §
271.811(a)
(relating to authorization for general permit), and a brief description of the
reasons for the Department's determination that the category of beneficial use
or processing is eligible for coverage under a general permit in accordance
with these standards.
(3) A
specification of registration or determination of applicability requirements
established in accordance with §
271.841 (relating to inclusion in
a general permit) and the fee imposed on registrants or applicants for coverage
under the general permit.
(4) A set
of terms and conditions governing the beneficial use or processing of municipal
waste covered by the general permit as are necessary to assure compliance with
the act, this article and the environmental protection acts, including
provisions for the protection of groundwater. At a minimum, the conditions
shall include:
(i) The limits on the physical
and chemical properties of waste that may be beneficially used or processed.
The permit shall also include a requirement that persons or municipalities that
conduct activities authorized by the general permit shall immediately notify
the Department, on forms provided by the Department, of a change in the
physical properties or chemical characteristics of the municipal waste,
including leachability, or of a change in the information required by §
271.841(f).
(ii) A requirement that
persons or municipalities that conduct activities authorized by the general
permit shall allow authorized representatives of the Commonwealth, without
advance notice or a search warrant, upon presentation of appropriate
credentials, and without delay, to have access to areas in which the activities
covered by the general permit will be, are being or have been conducted to
ensure compliance with the act, regulations promulgated thereunder and a
permit, license or order issued by the Department under the act.
(iii) A requirement that the activities
authorized by the general permit will not harm or present a threat of harm to
the health, safety or welfare of the people or environment of this
Commonwealth. At a minimum, for beneficial use of municipal waste, the use of
the waste as an ingredient in an industrial process or as a substitute for a
commercial product may not present a greater harm or threat of harm than the
use of the product or ingredient which the waste is replacing.
(iv) An effective date and a fixed permit
term, which may not exceed 10 years from the effective date. If the Department
renews a general permit, the term may not exceed the term of the original
permit.
(v) A requirement that a
person or municipality operating under the permit shall immediately notify the
Department within the time stated in the permit and if no time is stated no
later than 45 days, in writing, of any changes in the following:
(A) The company's name, address, owners,
operators and responsible officials.
(B) Land ownership of land at the permitted
facility.
(C) The physical and
chemical characteristics of the municipal waste.
(D) The generators of the municipal
waste.
(E) The status of any permit
issued to the permittee or any agent of the permittee engaged in activities
under the permit by the Department or Federal government under the
environmental protection acts.
(vi) A requirement that the activities
conducted under the authorization of a general permit shall be conducted in
accordance with the permittee's application. Except to the extent that a
general permit states otherwise, the permittee shall operate as described
within the permit application.
(5) A requirement that a person or
municipality that registers for coverage under a general permit or applies to
the Department for a determination of applicability under a general permit
shall submit a copy of the registration or application to each municipality in
which processing activities or the primary beneficial use activities will be
located, prior to initiating operations. If additional locations are identified
during the term of the permit that were not known at the time of a registration
or application, including an application by the original applicant, written
notice shall be provided to the municipalities.
(b) A general permit may include a requirement that persons or municipalities who conduct activities authorized by the general permit shall submit periodic reports, analyses of waste and other information to ensure that the quality of the waste to be beneficially used or processed does not change.
This section cited in 25 Pa. Code § 271.611 (relating to chemical analysis of waste); and 25 Pa. Code § 271.824 (relating to approval or denial of an application).
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