Municipal & Residual, part 2

Municipal Waste Landfills
APPLICATION REQUIREMENTS 40 CFR §258.40 EPA requires that the landfill be constructed in accordance with a design approved by authorized state. DEP requires permit application. SWM Act §6018.502(1) Retain The Act expressly requires a permit application be submitted to demonstrate how operator plans to comply with the requirements.
§273.112. Facility plan. - General operation concepts. -The quantity, quality and availability of acceptable cover and liner materials. None* DEP requires a general narrative description Modify to delete requirements for cross sections and locations of borrow areas if not in permit area. Needed for overall description of the facility.
§273.113. Map/plan. (a) Topographic maps: boundaries, location of the proposed facility. - Gas and oil wells. - Coal and non-coal mining. None* DEP requires identification of natural and man-made features. Monitoring well locations. Retain Identifies the facility boundaries, and natural and man made features that may be affected by the exclusionary criteria or the facility.
Power lines. Monitoring well locations. Flood plain. Geology.
(b) Topographic maps: location , name of public water sources.
(c) Agriculture Soil Conservation Service soil map None* Delete
*: EPA requires the municipal solid waste landfill to be constructed in accordance with a design approved by authorized state. No application requirements are identified.
Section 4005(c)(1)(A) of RCRA requires each state to have a permitting program or other prior approval program for solid waste facilities that may receive household hazardous waste or small quantity generator hazardous
waste, to ensure that the facilities comply with 40 C.F.R. Parts 257 and 258. This includes municipal waste landfills.
** The municipal waste regulations are authorized under the Solid Waste Management Act (35 P.S. §6018.101 et seq.), the Clean Streams Law (35 P. S. § 691.1 et seq.), The Municipal Waste Planning, Recycling and Waste
Reduction Act (35 P.S.§4000.101 et seq.), and sections 1905-A, 1917-And 1920-A of the Administrative Code (71 P.S. §§ 510-5, 510-17 and 510-20), and were approved by the Office of the Attorney General. References include
in this column are only to specific statutory requirements reflected in the regulations.
(1): Solid Waste Management Act - 35 P.S. §6018.101 et seq.
§273.114. Description of geology, soil and hydrology.- Soil, geology and hydrology descriptions/general. None* DEP requires information to be submitted as part of the permit application. Retain This information provides the physical characteristic necessary to review the design of the facility.
§273.115. Geology and groundwater description. (a) Description of geology and ground water: test and core boring, ground water None* DEP requires specific geologic and hydrogeologic conditions. Retain Basic building blocks for groundwater monitoring locations. Minimal cost to submit to the Department as part of application. Complete and accurate site characterization is necessary for safe and affective construction and operation of the landfill.
and flow system, location and depth of aquifer, usage of aquifer, extent of coal and non-coal deposit. Protection for properties located in close proximity is essential for long term operation without liability.
40 CFR 258.40 (d) and §258.50(b) Modify (a) Modify to require one year of background prior to construction. At least two quarters of monitoring should
§273.116 Groundwater quality description (a) Description of the chemical characteristics of each aquifer. None* (a) EPA requires description, but does not identify procedures. EPA's parameters are different than DEP's. Allows for demonstration that monitoring is unnecessary. be submitted the application. The DEP parameters should be retained. They provide for a better description of groundwater quality and include background indicator parameters.
(d) Monitoring well construction details. None* (d) DEP requires one full year of ground water monitoring data prior to application submittal. EPA identifies performance standards. DEP identifies design standards. (d) Modify
§273.117. Soil description.- Description of soil: within the proposed permit area, to be used for cover materials. None* DEP requires detailed soil description. Modify to identify only the depth to the seasonal high water table. Need to know the depth to make sure the seasonal high water table is not in contact with the liner system.
§273.118. Surface water.- Description of watershed, quality of surface water, instream macro-invertebrate. 40 CFR §258.27 DEP requires location of surface water features. EPA indicates you can't discharge to surface water without an NPDES permit. Retain Needed to identify which surface waters may be impacted. Allows for a background characterization of surface waters for future comparisons.
§273.120. Mineral deposits. Demonstrate that minerals cannot be mined in future. 40 CFR §258.15 DEP and EPA regulations are similar, except PA requires no mining. Modify to not require ownership of coal. Need to identify subsidence potential for design of the landfill. Delete the requirement for applicant to own coal, but must demonstrate stability if coal has the potential to be removed.
§273.132. Operation plan. (a) Description of the facility including maps, equipment, engineering techniques.(b) Schedule of construction, operation of the facility.(c) Type and size of equipment None* DEP requires a plan on how the facility will be constructed and operated. Modify by deleting the requirements for equipment and hiring/training. Experience has demonstrated that the best design is not useful without a proper implementation plan. A Plan helps ensure that the facility will be safe.
(d) A plan for hiring and training facility operators (e) Construction schedule tied to the grid coordinate system.
(f) Measurement of waste.
(g) Waste limitation.
(h) Operating hours.
§273.133. Map and grid requirements. Topographic maps of the proposed permit and adjacent areas. None* DEP regulations require identification of permit boundary, erosion and sedimentation structures, gas management structures. Modify to include provision for field changes which approved from the DEP. Needed to track construction and operation. It is necessary to have detailed maps identify design so it can be constructed according to approved plans.
§273.134 Plan for access roads. References detailed designs. None* DEP regulations require detailed designs. Modify to include provisions for field changes which approved from the DEP. Plan for access roads necessary to make sure they adequately handle the expected traffic. Recommend more flexibility in design standards. It is necessary to construct the facility properly.
§273.135. Access control plan - References detailed designs 40 CFR §258.25 DEP regulations require fully dimensioned and with the type of construction materials specified. Modify to include provisions for field changes. Plan for access control is necessary to protect unauthorized people from entering facility. Recommend more flexibility in design standards. It is necessary to construct the facility properly. Minimal cost.
§273.136. Nuisance control .A plan to prevent and control nuisances from vectors, odors, noise, dust, etc. 40 CFR §258.22 (vectors) & §258.24 (air criteria) EPA regs only require control, not a plan. As to vectors, they only address "disease" vectors. Retain Necessary to provide a general description of preventative measures.
§273.137. Litter control plan. References detailed section on operating requirements. None* Retain Blowing litter is a problem at all facilities and can be planned for based upon the prevailing winds.
273.138. Plan for protection of capacity. None Act 101(2) §4000.1111 Delete Retain as permit condition as specified in the Act.
§273.139 Relationship to county plans: (a) References sect. on county plan implementation document None. Entire county planning program is state, not federal requirement. DEP regulations require submission of information about compliance with municipal waste Act and to establish "need" for the facility. Act 101 §4000.507 Retain While no changes are being recommended at this time, a "stakeholder" group is presently addressing Act 101 issues and will make recommendation by the end of 1995. Based on the conclusions of the group, changes to the Act and its implementing regulations
(b)Host county plan (c)Environmental analysis if not in county plan (d)Alternate location (e)Legal document to implement the plan will be recommended.
§273.140 Daily volume. (a) Proposed max. daily volume (b) Increasing daily volume (c) Average daily volume definition. None DEP regulations explain bases for establishing and increasing daily volumes of landfills. Act 101 §4000.102(a)(21), and §4000.1112 Retain Required by Act 101. Needed to prevent environmental problems, traffic problems, noise, dust, and other operational difficulties.
§273.141. Compaction and cover plan. Compaction: degree of compaction, number and thickness of lifts. -Procedure for application -Off-site agreement. 40 CFR §258.21 DEP regulations are more detailed and require a plan. Fed regs. set operating requirements. Modify to retain compaction and procedure for establishing final grade. Justification for compaction necessary to determine site life time, which ties into bonding and planning. Justification for final grade necessary to identify how facility will construct permit as designed.
§273.142. Revegetation plan 40 CFR §258.60 DEP regulations are more detailed. Fed. regs require a closure plan, but does not include revegetation. Modify to allow for field changes. Need a general plan for revegetation to make sure it's done right the first time. This was a problem when the requirement did not exist in the past.
(2): Act 101- Municipal Waste Planning, Recycling and Waste Reduction Act - 35 P.S. §4000.101 et seq.
§273.151. Surface water mgmt.., soil erosion and sedimentation. (a) Estimated run-off amount (b) Fully dimensioned structures 40 CFR §258.26 DEP regulations are more detailed. Fed. regs. require control of rain waters during life of operations. Retain Necessary to prepare plan to prevent erosion and sedimentation prior to beginning site construction. E&S plan is essential to prevent pollutant discharge to waters of the Commonwealth.
§273.152. Water quality monitoring. (c) Alternate ground water monitoring system for landfills in anthracite coal region. 40 CFR §258.50(b) EPA can suspend groundwater monitoring requirements for a particular site upon demonstration of no danger to groundwater. DEP regs don't allow this. Retain EPA developed broad variance due to climatic variation across the country. The alternative language in the DEP reg., for sites in anthracite coal region, discusses the only situation that would necessitate a variance.
§273.161. Liner system and leachate control plan. (a) Design of liner system, including the subbase, the leachate detection zone, the liner material, and the leachate collection system. 40 CFR §258.40 The DEP regulations specify that a design plan be submitted. EPA has criteria, but does not require a plan be submitted. Retain It's necessary to have a detailed plan to construct the liner system as it is very complex and crucial to the design and operation of the facility. Experience has shown that the most important component for a liner system is to assure the system
(b) Installing the liner system: testing procedures, construction methods, protective cover. Qualification of personnel. Sampling and compliance plans for construction is properly constructed.
(c) Compatibility testing (d) ASTM method 40 CFR §258.40 EPA identifies acceptable liners and requires consideration of chemical characteristics of leachate. Retain The required compatibility testing is based upon EPA guidance. Current policy reduces redundant testing. Minimal cost with implementation of current policy.
§273.162. Leachate treatment plan 40 CFR §§258.27, 258.28 and 258.40 EPA references leachate collection and discharge. PA requires a specific plan for collection and treatment. Retain These are necessary to assure proper collection and treatment of leachate, and discharge of wastewater in accordance with the SWMA and the Clean Stream Law.
(b) Actual design of leachate collection system Retain
(c) Design of on-site leachate treatment or disposal. Retain
(d) Discharge compliance.
(e) Contractual agreements if off-site treatment is proposed. (f) Leachate recirculation method. (g) Sludge disposal. Retain
§273.163 Modifications of leachate treatment plan. (a) Design to modify leachate treatment plan. (b) Extending off-site leachate transportation. None* PA allows for alternatives if planned leachate treatment facility is delayed. Retain Addresses remedial action plan. Allows for emergency transportation in cases where on-site treatment is unavailable.
§273.171. Gas monitoring and control plan. (a) Gas monitoring and control plan: to monitor off-site gas migration and the actual design of this system . (b) If gas recover is proposed: design of the proposed system. 40 CFR §258.23 EPA requires methane monitoring. DEP requires plan be submitted on how monitoring will be done. Retain Necessary to identify in the application because this is constructed in close associated with the landfill disposal area.
§273.181. Contingency plan. References other detailed section. None DEP requires a PPC plan. Retain Necessary to plan the steps that will be taken prior to emergency occurring.
§273.192. Closure plan. (a) Closure plan includes: decontamination procedure, estimated year of closure, partial closure procedure, premature closure, closure schedule, closure funding, and responsible contacts. 40 CFR §258.60 Federal regs requirements are similar to DEP's. PA regs also require identification of contamination of equipment and identify steps to be taken for access control. Retain access control. Delete removal and decontamination of equipment. Access control procedures need to be identified to prevent damage to the facility structures that are necessary during the post closure period.
§273.196. Recycling plan. (a) A plan which includes: analysis of the potential for salvaging and recycling waste materials, proposed salvage area, salvaging method and anticipated market None Delete Encourages recycling and reduces the amount of waste disposed. Only requires cost effective salvaging and recycling of waste materials received by the operator.
§273.197. Plan for recycled materials collection center. References other detailed section. None Act 101, §4000.1502(b) Delete Delete requirement for plan, but will retain as an operating requirement in §273.331.
OPERATING REQUIREMENTS.
§273. 201. Basic limitations. §§6018.201; 6018.501; 6018.503
(a)(b) must have a permit & comply with it. None Must have a permit to operate a MWL Retain It is necessary to include the basic requirements for permit and the basic limitations.
(e) Explosive waste may not be disposed. None Retain Necessary to prevent dangerous situations from occurring.
(h) Lead acid battery may not be disposed. None Retain Lead acid batteries should be recycled to prevent liner compatibility and leachate problems. Enforcement discretion has taken care of random batteries being disposed by landowner. The Act prohibits disposal of lead acid batteries in landfills.
(i) Disposal of waste must not violate laws where waste originates. None PA reg recognizes importance of PA and other states' planning laws. Retain Demonstrates that the facility does not violate other waste management planning laws.
(j) Requirement for removing hazardous materials and disposal of ash residue from a resource recovery facility. None Retain Regulations require removal of hazardous materials to the greatest practical extent. This is necessary to ensure safe operation of the facility and to improve the quality of the ash.
(k) Load of leaf waste may not be disposed. None Act 101 §4000.1502 (a) Retain Saves landfill space. Encourages the composting and reuse of leaves. The Act prohibits the disposal of loads composed primarily of leaf wastes
§273.202. Areas where municipal waste landfills are prohibited. 40 CFR §§258.10-15 PA regulations concerning airports and floodplains are more stringent
(a) Municipal waste landfill may not be operated in the following: (1) a 100-year floodplain. 40 CFR §258.11 Federal regulations allow for flexibility based upon design. PA reg. prohibits operation. Modify to EPA language. Still need to demonstrate facility can be protected.
(2) Within 300 ft. of an important wetland 40 CFR §258.12 EPA has conditions for wetland encroachment. PA identifies distance. Retain Necessary to avoid impacts that would occur without an isolation distance
(3) Coal bearing area. 40 CFR §258.15 Federal regulations allow demonstration that design can handle. Modify to EPA language Recommend modification to 273.120. Stability of design must be demonstrated.
(4) An area which would destroy a perennial stream. None Retain Prevents the destruction and minimized disturbens to a perennial stream which are important ecosystems.
(5) Limestone carbonate formation 40 CFR §258.15 Similar language but EPA provides straight forward language. Modify to EPA language
(6) W/i 300 ft. horizontally from an occupied welling None Retain Protects adjacent landowners from nuisance that will occur.
(7) Within 100 ft. of perennial stream None Retain Necessary to prevent impacts of runoff or dust dispersion.
(8) w/i 100 ft of a property line None DEP allows for waiver Retain Prevents impacts to adjacent properties that would occur without isolation distance.
(9) 10,000 ft. of runway used by turbine-powered aircraft, w/i 5,000 ft. of a runway used by piston-type aircraft within conflict area. 40 CFR §258.10 DEP regulations similar to the Federal regulations, but more rigid. Modify to EPA language.
(12) W/i 25 feet of a coal seam. coal outcrop or coal refuse. None Used to prevent underground coal fires. Modify to allow for flexibility. Still need to evaluate the potential for liner system destruction from coal fire.
(13) 1/4-mile upgradient, and w/i 300 feet downgradient of a private or public water source. None Retain Need a buffer zone to be beyond influence of cone of depression and also to be beyond the point of compliance. Also allows buffer to identify pollution and begin remediation prior to polluting well.
(b)(1) W/i 300 yards of a building which is owned by a school district. None Act 101,§4000.511 Retain Necessary to prevent odors, vector impact. The Act prohibits the sitting of landfills within 300 yards of schools.
(b)(2) W/i 300 yards of a park, and w/i 300 yards of a playground. Written waiver None Act 101,§4000.511 Retain Necessary to prevent odors, vector impact. The Act prohibits the sitting of landfills within 300 yards of playgrounds.
§273.203. Certification. The operator shall submit a certification by a registered None Requires that certification be submitted by PE upon completion of construction activity. §6018.502(a) Retain Necessary to show it was constructed according to the plans and identify any deviations. By requiring the inf.. for each construction phase so problems can be addressed
professional engineer for major constructions. quickly. Section 6018.502(a) requires PE to certify plans, designs and data in the application
§273.211. Signs and markers. (a) The operator must post and maintain a sign which indicates the name, business address, telephone number, and operating hours of the facility. None Retain Sign is necessary for haulers and public to be aware of the landfill operating hours. The grid coordinate system is necessary to track facility construction on disposal operating hours.
(b) Grid coordinate system must be permanently fixed (c) Perimeter of the site shall be clearly marked. None Retain (b) The grid coordinate system is necessary to track facility construction and operation of the facility. (c) The perimeter of the site must be clearly marked to prevent inadvertent disposal on an authorized area.
§273.213. Access roads. (a) Access road shall be designed to prevent erosion. (b) Crossing a stream shall meet Chapter 105 requirements. (c) Drainage system will handle a 25 year, 24 hour rain fall event. None Detailed designs Retain These are standard engineering requirements that are necessary to make sure that the access road is stable in all weather conditions.
(d) Access road shall be paved or surfaced with a maximum grade of 12%. None Retain These are a minimum design features necessary to prevent safety problems
(e) Access road shall either be 22 feet wide for two-way traffic or 12 ft.-wide for one-way traffic with pull-off interval. (f) Access road shall be provided to all parts of the facility. None Modify Indicate that the slope and width requirements do not apply to the roads which lead to ancillary facilities but do apply to access to disposal area.
(g) Access road shall be constructed on a dry and stable area. None Delete
(h) Top soil removed for access road shall be used for final cover. None Delete
(i) Disturbed areas adjacent to road shall be vegetated. None Retain Necessary to prevent erosion and dust problems.
(j) Access road shall control dust and prevent tracking of mud None Retain These are common problems at landfills. A design is necessary to minimize these concerns.
§273.214. Measurement of waste. (a) 30,000 or more cubic yards of waste in a year require a waste scale. (b) If no scale is required, waste will be measured by volume. None Retain Needed for overall operations to identify the volume of waste disposed. This is useful for reporting purposes and used to calculate the Act 101 host municipality and recycling fee.
§273.215. Equipment (a) Necessary equipment shall be operable condition..(b) Standby equipment shall be available w/i 24 hours. None Delete
§273.216. Unloading and compaction. (a) Vehicles shall be directed to the unloading area (b) Vehicles shall be unloaded promptly. (c) Waste shall be spread and compacted (d) Working face shall be kept easily available to equipment. None Delete
§273.217. Air Resources protection.(a) Control air pollution in according to the Air Pollution Control Act. (b) Comply with the ambient air quality standards.(c) No open burning is allowed. 40 CFR §258.24 Federal regs. allow infrequent burning of agricultural wastes and land clearing debris. Pa regs. have no exemptions. §6018.610 Retain Open burning is not necessary at municipal waste landfills. The debris is not delivered in a burnable state in most instances and if emergency burning is necessary the Department has the ability to modify the permit.
§273.218. Nuisance control. (a) Control breeding of vectors (b) Control public nuisances. 40 CFR §258.22 EPA requires control of disease vectors only. Retain It is necessary to control disease and other vectors which may create nuisances.
§273.220. Litter.(a) No litter blowing off site(b) Fences shall be located downwind from the working phase. (c) Litter shall be collected weekly. None Retain Controls blowing litter and keeps the litter from leaving the site. Minimal cost.
§273.221. Daily volume. (a) Waste may not exceed maximum or average daily volume. (b) Definition of average daily volume. None Volumes are set based on capabilities of landfill and local community to handle the amount of waste. Act 101 §4000.1112 Retain The daily volume of waste is determined upon the ability of the roads to safety handle traffic, the impact to adjacent landowners, etc. Without a volume identified, operational problems may also be encountered.
§273.222. Protection of capacity. None Permittee must comply w/agreements with host county and municipality for disposal of their waste. Act 101 §4000.1111 Retain Guarantees capacity for the municipality where the facility is located.
§273.231. Topsoil storage.(a) Topsoil shall be removed in a separate layer. (b) If topsoil is less than 2 in., it will be conserved for the upper layer of the final cover.(c) Topsoil cannot be removed off site. None Requires topsoil be stockpiled and used as cover materials. Delete
§273.232. Daily cover. (b) Daily cover material shall meet the performance and design standards: 40 CFR §258.21 Fed reg. requires 6" of topsoil every day as daily cover, unless State approves another material, which must control disease vectors, fires, odors, blowing litter, and scavenging. PA sets similar standards and provides more Modify Adopt federal language where there is parallel language. Necessary to retain some performance standards not addressed by EPA for daily cover if delete design requirements, these performance standards are necessary
detailed requirements to make sure daily cover achieves its intended use.
(1) Prevent vectors, odors, and other nuisances. Retain It's necessary to reduce the potential of these vectors to cause a problem. Most problems in the landfills are related to these items.
(2) Cover solid waste w/o changing its properties and w/o regard to weather. Retain Necessary due to climatic changes expected in Pennsylvania and the variety of daily cover.
(3) Capable of allowing loaded vehicles to maneuver over it. Retain Necessary to allow vehicle to be able to move the next day over it. Daily cover may be on a site for up to 6 months.
(4) Be non-combustible Modify Use federal language.
(5) Capable of supporting vegetation. Delete
(c) Design standards must meet the following: rock fragments, coal content, texture. 40 CFR §258.21 Same As Above Delete Delete design standards.
-Six Inches in Depth Same As EPA, Alternative Available Retain Need to keep to be an authorized state.
5-days supply shall be maintained on site. None Retain Necessary to ensure that adequate daily cover available at all times.
(e), (f) Cover soil revegetation and slope. None Revegetation of intermediate cover; maximum 50% slope. Modify Delete revegetation requirement, but modify wording to keep 50% maximum interior slopes.
§273.233 Intermediate cover and slope. (a) A uniform and compacted intermediate cover of at least 12 in. in thickness shall be placed over the waste on the following: None Retain Supports final cap.
(1) Each partial lift with no placement of additional waste for 6 months. None Retain This is necessary to prevent exposure of trash that will occur if only daily cover is used.
(2) Each partial or completed lift that represent final elevation. None Retain This is necessary support to final cap.
(3) Each completed lift. Delete
(b) Each intermediate cover shall meet the following performance standards: None Delete
(1) Prevent vectors, odors, and other nuisances. None Retain It is necessary for areas that will be exposed for long periods of time without final cover to not allow odors, vectors and other nuisances.
(2) Cover solid waste w/o changing of its properties and w/o regard to weather. None Retain The intermediate cover may not be soil in all instances. Therefore, you have to demonstrate that it will not lose its structure.
(3) Capable of allowing vehicles to maneuver over it. None Retain The intermediate cover may not be soil in all instances. Therefore, you have to demonstrate that it will not lose its structure.
(4) Be non-combustible None Modify Use federal language relating to daily cover ("capable of controlling fires")
(5) Capable of supporting vegetated cover. None Modify Indicate this applies only if vegetation is necessary to control erosion and sedimentation.
(c) Design requirements shall meet the following: limitations on rock fragments, texture, coal content. None Delete
(d) A 5-day supply shall be maintained on site. None Delete
§273.234. Final cover and grading. (a)(2) Drainage layer shall be placed over the cap. 40 CFR §258.60 Fed reg requires that owner or operator install final cover system designed to minimize infiltration and erosion. Gives some standards. Retain Necessary to prevent infiltration into fill. Also used to justify to EPA (in obtaining delegation of the federal program) the twelve inches clay cap our regulations require.
(a)(3) 2 feet of soil shall be placed over the drainage layer. 40 CFR §258.60 EPA requires a minimum of 6 inches. Retain The depth is based upon the depth of soil necessary to sustain vegetation and prevent frost damage to cap system.
(c) Final cover shall meet the following performance standards: (1) Prevent vectors, odors, and other nuisances. 40 CFR §258.60 EPA requires the layer to prevent wind and water erosion. Retain
(2) Cover solid waste w/o change in its properties and w/o regard to weather. None Delete
(3) Capable of allowing vehicles to maneuver over it. None Retain Necessary to allow for this to repair cap or other maintenance when necessary.
(4) Be non-combustible. None Modify Use Fed. language relating to daily cover ("capable of controlling fires")
(5) Capable of supporting vegetation. None Retain Necessary to prevent water and wind, erosion and to establish continuity with surrounding vegetation.
(6) Compacted well. None Delete
(d) Design requirements are the same as those for intermediate cover. None Retain Need a high quality final cover to prevent future maintenance and damage to the cap. These are minimum standards which can be revised through equivalency.
(e) Final slope shall be designed to ensure stability, control erosion, allow compaction, and ensure minimal percolation. None Delete
(f) Slope can be designed as follows (1) Not less than 3%. None Retain Needed to account for drainage with the expected differential settlement.
(2) If more than 15%: construct horizontal terraces at least 15 feet wide for every 25 feet raise elevation, terraces shall be 5% into the landfill, and drainage ditches shall be constructed on each terrace. Identifies design criteria to ensure stability of final slope Retain Necessary to provide design standards in regulations to be used as a starting point for facility design. This has been used successfully. Can submit equivalency if necessary.
(3) No final slope greater than 33%. Equivalency available Retain It is necessary to keep slopes at 33% or less unless demonstrated through equivalency because of slope stability concerns.
§273.235 Revegetation (a) Vegetation shall be established on the effective area. (b) Vegetation shall include native species (c) Revegetation shall provide quick germination (d) Planting should start soon as weather permits (e) Mulch should be added 40 CFR §258.60 Pa regulations are more detailed. EPA regulations require method to control erosion. Retain These performance standards are necessary to prevent erosion and ensure stability. We have deleted requiring specific plan in application so these performances are necessary.
§273.236. Standards for successful revegetation. (a) No less than a 70% groundcover of permanent plant species. (b) No deep rooted. 40 CFR §258.60 Pa regulations are more detailed. EPA regulations require that erosion be controlled. Retain Necessary to classify successful vegetation. Used successfully in other programs.
§273.242. Soil erosion and sedimentation control. 40 CFR §258.26 PA regs are more detailed. EPA requires control of surface water during the life of operations. Retain Prevents erosion and sedimentation.
(b)(1) The operator shall minimize percolation into the waste deposited. None Retain It's necessary to keep water retention structures from being located in areas where waste is disposed.
(c) Gullies deeper than 9 inches must be regraded and planted. None Retain This standard gives a tangible target for operator to use. It is successfully used in other programs also.
§273.243. Sedimentation pond. (a) Surface drainage pass through sedimentation pond; (b) Sedimentation pond constructed in according to Chapters 102 and 105 & minimum design criteria in the U.S. Soil None DEP identifies minimum standards for erosion and sedimentation control structures. Retain Prevents erosion and sedimentation. These standards best management practices and gives the operator specific criteria to design for minimal cost compared to designing with no standards.
Conservation Serv. Eng. Standards 378. (c) Sedimentation pond cannot be removed unless approved by the Department. (d) Pond shall include a non-clogging de-watering device. " Retain "
(e) Pond shall be designed to prevent short circuiting. (f) Pond must comply with applicable treatment requirement. (g) Pond shall be capable of managing 25-year, 24-hour rain fall event " Retain "
§273.244. Discharge structure. - Discharge structure shall meet the requirements of Chapter 105. None Retain Identifies best management practices to be followed. Minimal cost compared to designing with no standards.
§273.245. Water supply replacement.(a) The operator must replace an affected water supply with an alternate source.(b) Temporary water shall be provided within 48 hours after the following: 40 CFR §258.40(d) PA regs are more detailed. Federal regulations require assessment up front to determine whether availability of alternative drinking water supplies exist. Retain. It is necessary to provide the affected party with comparable drinking water if the water supply is effected.
(1) Operators are responsible for the water supply. (2) Department indicates operator is responsible for the water supply. " " "
(c) Permanent water shall be provided within 90 days after the following(1) Operator is responsible for the water supply(2) Department indicates operator is responsible for the water supply " " "
(d) Permanent water supplies do not include bottle water or bulk water hauling system. " " "
§273.251 LINER SYSTEM Scope and requirements 40 CFR Part 258 (a) and (b) Federal regs. require a single composite liner system. PA regs require a double synthetic liner system and one of the liners may be a composite liner. Modify Liners leak. Double liner systems do not. The double liner system is a proven BAT. The cost difference is minimal in perspective. EPA has indicated that our liner system is not more stringent, but its performance is superior to EPA's.
design. Compared to putting in EPA 2' clay composite component, the cost may actually be greater than double liner. Modify to require one liner to be composite.
(b) Liner system consists of the following: (1) Subbase, which is soil or earthen material (2) Secondary liner, which is synthetic material or remolded clay (3) Leachate detection zone, which is soil or earthen material " "
(4) Primary liner, which is a synthetic material. (5) protective cover and leachate collection zone, which is soil or earthen material placed over the primary liner. " "
§273.252. General limitation. (a) Liner system must be at least 4 feet from the subbase and the seasonal high waste table or perched water table.(1) Soil mottling may indicate seasonal high water table. 40 CFR §258.40 Federal regulation requires liner and specifies type. Does not address double liner system like one PA uses. Modify to indicate that the subbase must not be in contact with the seasonal high water table. Seasonal high water table as characterized by soil mottling is normally not a consideration with highly disturbed areas
(2) Non-mechanical drainage system may be used to maintain the 4-foot isolation distance. Modify to indicate it may be used to maintain no contact The seasonal fluctuation of the regional table is the important factor.
(b) No liner system may be used unless 8 feet is maintained between the subbase and the regional ground water table. Retain Based on the preciseness and groundwater fluctuation this depth really accounts for the margin of error to keep groundwater from coming in contact with the liner system.
(c) If an additional adjacent liner is proposed the following must be met: (1) No waste may be placed w/i 25 feet of the edge; (2) The edge of the liner shall be protected Retain Necessary to prevent leachate from getting off of the lined area and protects the area where the new liner will be attached.
(d) If an additional adjacent liner is not proposed, waste may not be placed w/in 15 feet of the edge Retain Same As Above
(e) A liner berm at least 4 feet high shall be constructed along the edge. Retain Same As Above
(f) Edge of liner shall be clearly marked Retain Same as above.
§273.253. Subbase. (a) The subbase shall meet the following performance standards: (1) Bear the weight of the landfill. (2) Accommodate settlement. 40 CFR §258.4 EPA requires 2 feet of compacted clay directly beneath the primary liner Retain Minimizes settlement potential. If the facility is not stable the operation of all other liner system components are jeopardized.
(b) Standard subbase design requirements are the following: (1) At least 6 in thick and compacted to a density of 95%. Retain. This is standard engineering practice.
(2) Minimum bearing capacity of 4500 psi. Delete Already have performance standards
(3) No more permeable than 1x10-5 cm/sec. Modify Permeability unnecessary if clay composite component located directly beneath.
(4) Be hard and free of debris. Retain Necessary to prevent the possibility of damaging the secondary liner.
(5) A slope of at least 2% and no more than 25%. Modify Retain 2%, but raise maximum to 33% which is standard industry practice.
§273.254. Secondary liner (a) Liner must meet the following: (1) Prevent migration of leachate (2) Liner should not be affected by the leachate (3) Be resistant to physical and chemical failure. 40 C.F.R §258.40 Federal regulations require a single composite liner. Retain Necessary to capture leakage that may make it through primary liner thus contaminating the groundwater. Best available technology proven effective through operation data.
(b) Standard design requirements are follows: (1) No more permeable than 1x10-7 cm/sec. (2) For synthetic liner, and approved quality insurance and quality control plan should be implemented. 40 C.F.R §258.40 Federal regulations require a single composite liner. Retain These are standard BAT's for performance and installation of secondary liners. These requirements are necessary to make liner function as proposed.
(3) For clay liner, a quality insurance and quality control plan should be implemented (4) Be inspected for damage during construction and installation
(d) Liner made of clay, shall be constructed in lifts not exceeding 6 inches
(e) The secondary liner may be a composite. (e) Modify Require one liner to be a composite similar to the residual waste regulations.
(f) No secondary liner may be based upon natural attenuation of leachate Retain Necessary to prevent groundwater contamination. The function of the secondary liner is not directly related to natural attenuation.
§273.255. Leachate detection zone. (a) Leachate detection zone meets the following standards (1) Rapidly detect and collect leachate (2) Withstand chemical attack 40 CFR §258.40 Federal regulations do not require a "witness" detection zone. Retain Detects any leakage. It is an intricate component of the double liner system. Without this component and the secondary liner (even if a composite) the liner system will leak.
(3) Withstand an anticipated load (4) Function w/o clogging (5) Prevent the liner from losing its physical integrity (6) Cover the bottom and side of the facility " "
(b) Standard design requirements are the follows: 40 C.F.R. §258.40 These are the design requirements. EPA does not include a detection zone. Retain It is necessary to specify minimum standards that have proven to be effective.
(1) At least 12 inches thick Retain Possible to provide variance through equivalence review.
(2) No particle sizes exceeding 0.25 inches. (3) Be more permeable than 1x10-2 cm/sec. (4) Containing the perforated piping system. (5) piping system standards Modify (2) Have maximum particle size up to 0.5
(c) The zone shall be monitored weekly (d) If flow is detected, the operator shall: (1) Immediately notify the Department (2) Estimate the volume of liquid weekly (3) Sample the liquid quarterly (4) Provide written copies of the above to the Department None The leachate detection zone monitoring details are identified. EPA does not require a detection zone. Modify to identify an action level. It is necessary to make sure that the primary liner has not been significantly compromised. The primary liner will leak. The action level volume in g/a/d will identify when the leakage exceeds normal expected quantity.
(e) If sampling indicates that leachate has penetrated the liner, the operator shall: (1) Within 30 days submit to the Department a plan for locating the leak.
(2) Upon the Dept. approval, implement the plan within 6 months. (3) Within 45 days after completing the plan, submit a report containing new data and analysis.
(4) Conduct quarterly sampling and analysis.
(f) If sampling indicates groundwater could be polluted, the operator shall: (1) Submit to the Dept. a remedial plan. (2) Submit a permit modification to the Department.
§273.256. Primary liner. (a) Primary liner shall meet the following requirements: (1) Prevent migration of leachate (2) Leachate should not affect the liner (3) Liner shall resist chemical and physical failure. 40 CFR §258.40 (a) & (b) PA regs are more detailed, but EPA requires a composite liner which is more stringent. EPA identifies acceptable liner. Does not require compatibility testing. Retain Performance standards are necessary. This allows for flexibility in design through the equivalency process without trying to name liner material which changes continuously with new technology. These are standard engineering practices.
b) Standard design requirements follow: (1) No more permeable than 1x10-7 cm/sec. (2) Installed according to the manufacture specifications 40 CFR §258.40(a),(b) Retain Need to retain minimum design standards to ensure that the design is sound and that the liner will be properly installed. Equivalency alternatives are possible.
(3) Be inspected for damage during the construction and installation. (c) A composite liner may be used (d) No primary liner can be made of clay or based upon natural attenuation of leachate.
§273.257. Protective cover. (a) Cover shall meet the performance standards: (1) Protect the liner from physical damage. (2) Protect the leachate collection system. (3) Allow the continuos and free flow of leachate. 40 CFR§258.40(a) EPA only identifies the maximum leachate buildup in the protective cover or collection zone. Retain Protects primary liner. These minimum standards are necessary to make sure the primary liner is protected and functions as planned without being damaged during landfill operation.
(b) Standard design requirements are as follows: (1) Comprised of clean materials no large than 1/4 inch in diameter. (2) Compact and smooth. (3) More permeable than 1x10-2 cm/sec. (4) At least 18 inches in thickness. Modify (b)(1) Increase maximum particle size to 1/2 in.
§273.258. Leachate collection system within protective cover. (a) The system shall meet the following performance standards: 40 CFR §258.40(a)(2) PA regs are more detailed. EPA requires that the system be constructed to maintain less than a 30 cm depth of leachate. Retain Need to provide operators with minimum performance and design criteria that has proven to be effective. Without identifying minimum standards that are standard engineering practices more review time and more liner system failures will occur.
(1) Ensure free flow of liquid. (2) Depth of leachate shall not exceeded of 1 foot. (3) Withstand chemical attack. (4) Withstand stresses.
(5) Function w/o clogging. (6) Cover the bottom and side walls. (b) standard design requirements-piping system.
§273.260. Initial placement of solid waste. None The first 8 ft. of waste on the protective cover shall not contain material capable of penetrating the protective cover. Retain Protects primary liner and leachate collection system.
LEACHATE TREATMENT
§273.272. Basic treatment methods. (a) Leachate should be discharged into a publicly-owned treatment works. (b) Leachate may be treated by an on site treatment works. 40 CFR §258.27 PA regs are broader in scope and offer various treatment methods. EPA reg is a very general prohibition against polluting. Retain Protects the waters of the Commonwealth. Helps permittees to understand the options available up front.
(c) Leachate may be spray irrigated after treatment if the minimum apply: EPA does not require treatment of the leachate before spray irrigation. "
(1) Discharge to a publicly-owned treatment works is not practicable. "
(2) Discharge into a receiving stream is not attainable. "
(3) Spray irrigation will not cause ground pollution.
§273.273. Leachate transporter. (a) For the first 3 years, leachate may be handled by vehicular transportation.(b) Vehicular transportation must meet the following: None DEP Allows for transportation of leachate. Retain Ensures treatment of leachate until treatment facility can be constructed.
(1) The operator provide pre-treatment. " Retain "
(2) One of the following applies: permitted treatment is available within three years; and discharge criteria is obtainable within 3 years.
(3) Leachate recirculation is constructed and operational.
(4) Operator has a valid contract w/ a off-site facility for up to 3 years.
(5) The off-site facility is capable of treatment of leachate. " " "
(c) If off-site treatment of leachate is lost, implementation of a treatment plan is required.
(d) If a treatment plan cannot be implemented, the operator shall cease accepting waste. " " "
(e) Three years before closure, the operator shall have a permitted and operational treatment system.
§273.274. Leachate recirculation. (a) Leachate recirculation is allowed if the following exist: 40 CFR §258.28 Federal regs. require a composite liner. State requires pretreatment of leachate. Modify to require composite component Language should be modified to be at least as stringent as federal language. This is part of our Subtitle D authorization.
(1) The area subject to recirculation has been filled with solid waste. Retain Good operational practice. Necessary for recirculation to work.
(2) There is a sufficient waste to absorb the leachate. Retain Good operational practice. Necessary for recirculation to work.
(4) Recirculation is conducted with piping under the intermediate cover. None Retain Necessary to prevent odors.
§273.275. Leachate collection and storage. (a) References other section 40 CFR §258.40 (a)(2) PA regulations are more detailed.
(b) The leachate storage system shall: (1) Storage of leachate should have a capacity equal to the maximum 30 days period or 250,000 gallons, which ever is greater. None EPA does not indicate specific methods of leachate storage Modify Just require that sufficient storage capacity to prevent illegal discharges and minimize head on primary liner.
(2) Storage capacity of treated leachate should equal that above. Modify Modify to indicate sufficient storage to operate treatment plant efficiently, be in compliance with leachate head on liner, and to meet discharge permit.
(c) Storage tank shall be aerated. Modify Must meet air quality regulations
(d) Storage shall be increased prior to each phase of construction. Modify Indicate that this applies if additional storage is necessary
(e) Leachate capacity does not include leachate on the liner system. None Delete Still cannot exceed 1 foot head on liner.
(f) Leachate system shall be installed prior to deposition of waste. None Retain It is necessary to have the leachate collection and containment in place prior to generating leachate.
§273.276. Leachate analysis and sludge handling.(a) The operator shall sample and analyze the following: 40 CFR §258.28 PA regulations are more detailed. EPA identifies disposal of liquid leachate. Retain
(1) Average flow rate and volume of leachate. Retain Necessary to size adequate storage and make sure adequate treatment capacity exists.
(2) On a quarterly basis, the chemical composition. Retain Necessary to identify whether the leachate may present problems to the liner system and leachate treatment system
(b) Sludges from the treatment of leachate may be disposed at the facility. Retain Necessary to allow for leachate sludge to be disposed regardless of its solids content.
§273.277. Remedial action. The operator shall immediately notify the Department when: None Retain Protects the water of the Commonwealth. Necessary to notify the Department as problems develop.
(1) Operation of the facility cannot prevent any of the following: violation of the Clean Stream Law and surface water or ground water pollution.
(2) Quality or quantity of leachate that exceed the design capacity
(3) Vehicular transportation of leachate has expired.(4) The quality or quantity of solid waste has changed.
§273.282. Number, location and depth of monitoring points. (a) Monitoring system shall consist, a minimum, of the following: (1) At least one upgradient well. (2) At least 3 downgradient wells. 40 CFR §258.51 Federal regulations indicate that the groundwater monitoring system consists of a sufficient number of wells to monitor site. Retain This is the minimum number of wells necessary to characterize groundwater characteristics.
(3) A leachate detection system. (4) A leachate collection system. PA regs require monitoring of the leachate detection and leachate collection system Retain (3) & (4) Monitoring of the leachate collected is important to determine whether if it is incompatible with the liner or leachate treatment system.
(5) Surface water monitoring point. Allow surface water monitoring in lieu of additional wells. Retain Necessary to monitor potentially effected surface water.
(b)(3) Within 200 ft. of the disposal area. EPA indicates the monitoring will be no more than 150 meters from the site. Retain Given the hydrogeologic characteristics in PA, locating the well at a greater distance from the facility may not adequately characterize the groundwater.
(c) Upgradient well will not be affected by the disposal area (d) Downgradient well will provide early detection of pollution from the disposal area. EPA regulations do not specifically indicate this. Retain (c) & (d) A minimal requirement for credible monitoring.
(e) Well drilled by licensed driller. Delete
§273.283. Standards for casing of wells. (a) Wells shall be cased as follows: 40 CFR §258.51 - For all g.w. monitoring, §258.50(b) allows suspension. DEP regulations are detailed. EPA does not identify minimum standards. Delete
(2) Minimum diameter of 4 inches. None DEP regulations allow for flexibility. Retain Necessary to make sure well is capable of monitoring groundwater. In some geologic formation a small well will not function properly.
(4) Casing shall be 1 foot above ground. None Delete Needed to facilitate monitoring and prevent surface water problems.
(6) If plastic casing is used, it shall be threaded and gasket sealed. None Delete
(b) Casing shall be enclosed in a protected casing that: Delete Need to protect ????? capacity.
(1) protects the well from damage by heavy equipment. None Retain Necessary due to the potential for the well to be affected during landfill operation.
(2) Installed at least the upper 10 ft. the monitoring well. None Retain Need to secure the monitoring point.
(3) Grouted and placed with a cement collar at least 3 ft. deep. None Retain Necessary to protect the well from potential effects from surface waster.
(4) Numbered and painted. None Retain Facilitate finding correct well for monitoring purposes.
(5) At least one inch higher than monitoring well casing. None Delete
(6) Have a locked cap. None Retain Protect from vandalism or tampering.
(7) Be made of steel or equivalent. None Retain Necessary to maintain physical integrity of the well.
§273.284. Sampling and analysis. Quarterly and annually reports are required on alkalinity and volatile organic compounds. 40 CFR §258.53 Semi-annual sampling required by Federal Regs. for Appendix I Detection monitoring and Appendix II for Assessment Monitoring. DEP Regs. require standard list plus any other analytes found in leachate. Retain DEP analytes are more practical based upon analytes actually found in leachate - This is permissible under §258.54(a)(1) and (2) as well as §258.55(b). This may be considered no more stringent than Federal requirements with semi-annual sampling.
§273.285. Reporting of analysis results. - Groundwater analysis shall be submitted on the form provided by the Department w/i 60 days of sampling or 15 days after completion of analyses. 40 CFR §258.53 Federal regulations specify no reporting form or deadline for analysis results. Retain With no deadline for reporting analyses, the operator could delay for months or even years. Only when assessment is triggered is a report required (within 90 days).
§273.286. Groundwater assessment plan. 40 CFR §258.55 Federal regulations are more detailed in many instances. Exceptions are noted.
(a) A ground water assessment plan shall be submitted w/i 30 days after the following occurs: DEP - 30 days, EPA - 90 days Modify to 90 days
(c) An Assessment plan shall contain the following:(1) The number, size, and depth of wells, and other assessment structures.(2) Sampling and analytical method to be used.(3) Evaluation procedures.(4) An implementation schedule EPA does not require these specific things as does DEP but basically requires the same information be evaluated. Retain Plan should be submitted and evaluated by the Department. Input should be provided if necessary. This information would be a necessary part of the plan.
(d) Assessment plan shall be completed w/i 6 months.(e) Within 45 days, submit a report containing new data DEP requires plan be complete in 6 months, but provides flexibility. EPA requires a schedule. Retain The plan should have a minimum completion date and this provision can be extended by the Department.
§273.288. Recordkeeping.- Operator shall retain all record of the abatement until released of the bond. None Retain Necessary to keep records on what remedial measure have been taken in case additional action is necessary prior to bond release.
§273.291. Mineral resources. (a) Coal seams shall be isolated by compacted soil at least 25 ft thick. 40 CFR §258.15 Equivalent Modify to allow flexibility. Require adequate protection of liner system from coal seams that could possibly burn.
(b) Mine opening w/i the site shall be sealed. Retain Sealing mine opening is necessary to prevent the possibility of cross contaminating or structural problems.
§273.292. Gas control and monitoring. 40 CFR §258.23 Equivalent except for §273.292 (e)(3) and (f)
(e)(3) Combustible gas levels must not equal or exceed 25% of the lower explosive limit in adjacent area. 40 CFR §258.23 EPA does not identify standards for off-site structures. Delete
(f) The operator shall conduct active forced ventilation using vent 1 foot above ground if: (1) passive ventilation may cause violations. (2) Induced positive gas flows will prevent off-site odors. DEP regs. are more detailed. Retain Active ventilation is effective in reducing the volume of methane that migrates off the landfilled area.
§273.293 Gas recovery (a) gas recovery shall be conducted: (1) doesn't interfere with activity on-site (2) w/o creating dangers to the person (3) with active forced ventilation (4) preferences other detailed section 40 CFR §258.23 EPA does not address. Modify It is advantageous to allow for gas recovery and this section provides minimal performance standards. Modify to allow flexibility in the location of the vents.
(b) annually characterize recovery gas.
§273.301. Hazard prevention. (a) Landfill shall be operated safely. None Delete
(b) First aid facility shall be available. None Delete
§273.302. Emergency equipment. (a) The following equipment shall be readily available: None Retain Basic emergency equipment and notification system is necessary. A waiver exists if the operator demonstrates that the equipment is unnecessary for the operation.
(1) Internal communication system or alarm system. (2) system capable of alerting outside emergency services.(3) fire and spill control equipment.(4) Gas monitoring (b) Equipment shall be maintained. (d) Emergency personnel shall have free access to site
§273.303. Implementation of contingency plan. (a) Contingency plan will be implemented immediately during an emergency.(b) During emergency, the operator shall:(1) Assess actual condition.(2) Ensure that hazards do not spread. None Retain It is necessary to plan for emergencies prior to the occurrence of one. Basic emergency information and reporting.
(3) Telephone outside agency with required pieces of information
(c) After the emergency, the operator shall 1) decontaminate the area 2) prevent disposal until area is cleaned up
§273. 311. Daily operation records. (a) Maintain a daily record for each day waste is received and each day that construction, monitoring or postclosure occurs. (b) Daily record shall include: (1) Type and weight of waste received. 40 CFR §258.29 DEP regs are more detailed and split information into daily, quarterly and annual. EPA requires submission of records upon request. Modify The daily records are necessary for compliance monitoring purposes. This information should not be required on forms prepared by the Department.
(2) Origin of waste (3) Transporter of the waste (4) The grid location of the disposal area (5) Any handling problems (6) Any deviations from design or operation plan
(7) Any activities which are needed for the annual operation report. (8) Any violations. (c) Maintain any storage records.
§273.312. Quarterly operation report. (a) Operator shall submit a quarterly report to the Department.(b) The report shall include: (1) The type and weight of waste received each quarter. (2) Origin of the waste 40 CFR §258.29 DEP regs are more detailed Retain This information is used to calculate the host municipality fees.
§273.313. Annual operation report. (a) The operator shall submit an annual report to the Department. 40 CFR §258.29 PA regs are more detailed Modify Reduces to only require volume of waste, capacity information, bond liability update, topographic map update, and fee. This is consistent with the recommendations the Bureau prepared for streamlining the reporting information.
(b) The report shall include: (1) weight or volume of each type of waste received.(2) Origin of each type of waste.(3) The type and weight of waste received from each transporter.(4) A topo map which is required to show particular features. " " " "
(5) Capacity used and remaining capacity. (6) Progress of the closure plan.(7) Certificate of the insurance.(8) Any changes in compliance information.(9) any changes in ownership of the land.(10) any emergency disposal areas. " " " "
(11) Any construction certification; (12) Any special handling or residual waste received; (13) Total bond liability; (14) analysis of the special handling or residual waste; (15) Conformance with county plan. " " " "
(c) A check for $1,800; (d) status of current monitoring plan.
§273.314. Host municipality benefit fee. (a) Definition. (b) Payment of benefit fee. (c) Quarterly payment. (d) Quarterly report. (e) Timeliness of payment (f) Discount of payment. None PA regs are specific Act 101§4000.1301 Retain Needed to implement Act 101 host municipality requirements. It is recommended that this provision be returned for public relations purposes. Local municipalities are impacted by the operation of a municipal waste landfill.
(g) Alternate proof (h) penalty interest (i) Additional penalty (j) Assessment notices (k) constructive trust (l) manner of collection (m) cumulative remedies
(n) records (o) surcharge (p) host municipality inspector
§273.315. Recycling fee (a) Operator shall submit a recycling fee on and after October 26, 1988.(b) The fee shall apply to: solid waste, residual waste, special handling waste, waste tires, and other solid waste.(c) The fee shall be $2 per ton None PA regs are specific Act 101§4000.701 Retain Needed to implement Act 101 recycling fee requirements. This fee has been effectively used to implement recycling and other reuse programs which have significantly reduced the landfilling of recyclable materials.
(d) the fee does not apply to residue from resource recovery facility. (e) The operator shall maintain complete and accurate records of salvaged and recycled materials
§273.316. Site-specific postclosure trust fee. (a) The operator shall pay a postclosure trust fee:(1) On a quarterly basis.(2) w/i 10 days of payment notify the Department.(b) The fee does not apply to recyclable or reusable materials. None PA regs are specific. Emergency remedial action fund. 1988 Act 101§1108 Retain This issue is currently being discussed with "stakeholders" group addressing Act 101 issues. Retain until recommendations are final.
(c) The fee shall be 25 cents per ton (d) The operator shall maintain complete and accurate records.
§273.322. Closure. (b) If required, modified 180 days before closure. 40 CFR §258.60 EPA regs are more detailed, but do not specifically indicate that 180 days before closure the closure plan should be modified if necessary. Retain It is necessary to determine if the closure plan needs revised prior to beginning to close the facility. Many plans may be 10 years and technology is rapidly changing. May be a cost benefit.
§273.331. Salvaging of materials. (a) If recycling is cost effective, the operator shall salvage & recycle waste material.(b) Recycling should not interfere with other operation.(c) Salvage material shall be promptly and properly stored. None Allows for salvaging and recycling. Retain Encourages recycling and salvaging of reusable materials. May be cost benefit..
§273.332. Recycled material collection center.(a) Operator shall provide at least one drop-off center for the collection and sale of at least three recyclable materials. None Act 101, §4000.1502(b) Retain Encourage recycling. Provides area for local citizens to easily recycle their wastes. Portrays landfills as encouraging recycling and a necessary part of the overall waste management picture. Required by Section 1502(b) of Act 101.
(b) The center shall be located at the facility.(c) The center shall be open at least 8 hours per week, including 4 hours during evening or weekend.(d) The operator shall provide public notice of this center.
(e) The operator shall inform the host municipality of the waste material received for the previous calendar year.
§273.411 - Processed ICW disposal None No comparison needed. Retain There are no Federal rules governing the disposal of processed ICW. Act 97 of 1980 requires a permit for the disposal of any waste which includes processed ICW,
unless otherwise allowed by regulation or statute. This section of the regulations outlines the information which must be submitted by a landfill operator in order to obtain approval for disposal of processed ICW.
§273.412. Sewage sludge disposal plan. EPA Part 503 The EPA has provisions for the monofill disposal of sewage sludge at unlined or lined (no specifications) facilities. DEP requires the disposal of sewage sludge at municipal waste landfills regardless if monofills or not. Retain The municipal waste landfill design is necessary to prevent pollution to the groundwater. It is not possible given in Pennsylvania's complex hydrogeology and climate to prevent groundwater contamination with an unlined sewage sludge disposed unit design.
§273.413. Plan for ash residue from municipal waste incineration. (a) Disposal of ash residue from municipal incineration shall include the plan, drawing and specifications. (b) the application shall include: None Federal guidelines and sampling exist if hazardous waste delineation required. Retain Special analysis and handling measures are necessary to manage this waste stream. You need a plan up front prior to waste being received.
(1) Location, type and size of the incinerator. (2) The waste or volume of ash. (3) Copy of chemical analysis of the ash.
§273.414. Plan for disposal of PCBs, friable asbestos containing waste. References other specific section. None Retain It is necessary to implement special handling practices to prevent worker exposure to asbestos and PCB’s. These need to be identified in a plan prior to receipt.
.
(2) The waste is disposed in accordance with the permit
§273.511 - Processed infectious waste disposal None No comparison needed. Retain There are no Federal rules governing the disposal of processed infectious waste. This section cites the requirements of 273.411 and requires disinfection of the waste prior to landfill disposal. It also requires incineration
for pathological waste and allows the discharge of human and animal body fluids into the sanitary sewer.
273.512 - Chemotherapeutic waste disposal None No comparison needed. Retain There are no Federal rules governing the processing or disposal of processed nonhazardous chemotherapeutic waste. Due to the cytotoxic nature of this waste,
incineration is the only acceptable processing technology available to ensure destruction of these cytotoxic materials.
§273.513 Sewage sludge(a) The amount of sewage sludge disposed may not exceed 25% of the total daily waste.(b) If only sewage sludge disposed, it must be at least 40% solid of waste. (c) References other specific section. None Modify Delete current language. Clarify intent is to identify the volume of sewage sludge to be disposed and based upon that information to provide a stability analysis
§273.514. Ash residue from municipal waste incineration.(a) Non-hazardous ash from municipal incineration, including ash rendered non-hazardous may be disposed at lined landfill. None Retain The special handling requirements are necessary to make sure that the landfill can legally and operationally take the waste that will not cause human health or environmental impacts.
b) The landfill shall be designed only for the disposal of ash, unless one of the following is met:
(1) The leachate treatment and collection system can treat this type of leachate. (2) The ash has been pretreated. (c) Ash shall be covered immediately after disposal
§273.515. PCBs, friable asbestos containing waste and other special handling wastes. None References standards for disposal which are identified in the residual waste regulations. Retain
§277.241 §257..3-4 EPA specifies that a facility cannot contaminate beyond solid waste boundary or beyond specified alternative boundary. DEP regulations indicate that the operation may not allow pollution within or outside the facility. Retain Necessary to retain due to the fact that these facilities are unlined or single lined and the potential for rapid migration off site is great.
§277.217 Air resources protection §257.3-7 EPA allows occasional open burning. DEP does not allow open burning. §6018.610 Retain It is necessary to prevent open burning unless the burning is controlled and applied as part of a permit.
§277.181 Hazard prevention (fires) §257.3-8 EPA indicates facilities may not pose threat of fire. DEP requires a plan. Retain Necessary to have emergency procedures in place if fire should occur.
* The municipal waste regulations are authorized under the Solid Waste Management Act (35 P.S.. §6018.101 et seq.), the Clean Streams Law (35 P. S. § 691.1 et seq.), The Municipal Waste Planning, Recycling and Waste
Reduction Act (35 P.S.§4000.101 et seq.), and sections 1905-A, 1917-A and 1920-A of the Administrative Code (71 P.S. §§ 510-5, 510-17 and 510-20), and were approved by the Office of the Attorney General. References
included in this column are only to specific statutory requirements reflected in the regulations.

Last Update: 5/21/96

Name: LRWM

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