1396 Facilities general permit; transfer, storage, composting and processing of nonliquid spent mushroom substrate
Facilities General Permit; Transfer, Storage, Composting and Processing of Nonliquid Spent Mushroom Substrate [34 Pa.B. 4075] The following permit is proposed under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904), The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the regulations implementing the laws.
Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.
General Permit Application No. WMGR100. The Department of Environmental Protection (Department) proposes to authorize, under General Permit WMGR100, the transfer, storage, composting and processing of nonliquid spent mushroom substrate (SMS) for beneficial use and, where applicable, the management of resulting wastewater through construction and operation of wastewater storage and land application. This will be a Statewide general permit.
The Department is authorized under the Solid Waste Management Act, The Clean Streams Law and 25 Pa. Code §§ 91.27 and 287.611 (relating to general water quality management permit; and authorization for general permit) to issue general permits when the Department determines that the use does not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard conditions. The Department has determined that transfer, storage, composting and processing of nonliquid SMS for beneficial use and the management of resulting wastewater through construction and operation of wastewater storage and land application can be adequately regulated using standard conditions.
Persons requesting approval to operate under the terms of the general permit will be required to register with the appropriate Department regional office or the authorized county conservation district where the facility will be located. The following minimum information will be required on the application to obtain the registration:
a. Name and street address of applicant.
b. Name and location of facility.
c. Name and street address of SMS generators that will use the site.
d. A mushroom farm environmental management plan (MFEMP) approved by the Department or an authorized county conservation district which is fully executed and includes, at a minimum, the following: a detailed description of the design plan and operation of the SMS processing facility; a description of the maximum area in acres to be used and the maximum volume of SMS to be at the transfer and/or composting facility at any one time; a detailed description of how the SMS will be picked up, transported, stored, composted and used after processing activities occur; a description of how precipitation coming into contact with the SMS will be collected and managed; and provisions for groundwater monitoring, where required. For existing facilities operating under an approved MFEMP as of the date of issuance of this general permit, a copy of the approved and executed MFEMP with documentation that the MFEMP is being fully implemented.
e. Proof that waste and waste management activities are consistent with the general permit.
f. Signed and notarized statement by the person who seeks approval to accept all conditions and operate under the terms and conditions of this general permit.
g. A nonrefundable application fee in the amount of $250, payable to the ''Commonwealth of Pennsylvania.''
h. Proof that copies of the application information have been submitted to the county conservation district, each municipality, county, county planning agency and county health department, if one exists, in which the transfer and/or composting facility is or will be located.
i. Proof that the applicant has a legal right to enter the land and perform the transfer and/or composting facility activities approved under this permit.
j. A copy of the facility's Preparedness, Prevention and Contingency (PPC) plan, which is consistent with the Department's guidelines on the development and implementation of PPC plans.
k. An irrevocable written consent from the landowner giving the Department permission to enter upon land where the applicant will be conducting waste management activities.
l. Information that identifies the applicant (that is, individual, corporation, partnership, government agency, association, and the like) and related parties, including the names and addresses of every officer who has a financial interest in or controls the facility operation.
m. A list of all previous permits or licenses issued to the applicant or to any related parties by the Department or authorized county conservation district or Federal government under the environmental protection acts and the regulations implementing the environmental protection acts, the dates issued and the status of the permits and a description of the applicant's history of compliance with the environmental protection acts and the regulations implementing the environmental protection acts.
n. Proof that any independent contractors retained by the applicant to perform any activities authorized under this permit are in compliance with State and Federal laws and regulations relating to environmental protection.
o. Verification by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official's information and belief, and attested to by a notary public or district justice.
p. Proof that a Pennsylvania Natural Diversity Inventory (PNDI) review for the facility has been completed. This review should be in accordance with the Department's policy no. 400-0200-001, ''Policy for Pennsylvania Natural Diversity Inventory Coordination During Permit Review and Evaluation'' (January 18, 2003), or any subsequent amendments or revisions of that policy, and all known occurrences must be resolved with the jurisdictional agency. If a PNDI review has been completed for the facility under another Department program, the report of that review and approval may be submitted to the Department to satisfy this permit application requirement.
Comments concerning the application should be directed to Habib Sharifi, Ph.D., Solid Waste Program Specialist, Division of Municipal and Residual Waste, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. Persons interested in obtaining more information or obtaining copies of the proposed general permit should contact the Division of Municipal and Residual Waste at the previous telephone number. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice, by September 29, 2004, and may recommend additional conditions or revisions to or approval or denial of the proposed general permit.
KATHLEEN A. MCGINTY,
Secretary[Pa.B. Doc. No. 04-1396. Filed for public inspection July 30, 2004, 9:00 a.m.]
