Section 287.51. Scope

(a) A person or municipality that generates more than an average of 2,200 pounds of residual waste per generating location per month based on generation in the previous year shall comply with the biennial report and source reduction strategy requirements under § § 287.52 and 287.53 (relating to biennial report; and source reduction strategy).

(b) A person or municipality that generates more than 2,200 pounds of residual waste per generating location in any single month in the previous year shall comply with § 287.54 (relating to chemical analysis of waste). The Department may waive or modify this requirement for individual types of waste that are generated in quantities of less than 2,200 pounds per month per generating location.

(c) Sections 287.52—287.54 (relating to biennial report; source reduction strategy; and chemical analysis of waste) do not apply to the following:

(1) Persons or municipalities that generate residual waste as a result of collecting the waste, including the collection of parts, machinery, vehicles and appliances from the repair or replacement of the parts, machinery, vehicles and appliances.

(2) Persons or municipalities that create waste from a spill, release, fire, accident or other unplanned event.

(3) Persons or municipalities that generate oil that has been used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which, through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.

The provisions of this § 287.51 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873. Immediately preceding text appears at serial pages (273394) to (273395).

Notation

Authority

The provisions of this § 287.51 issued under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. § § 471—480); The Clean Streams Law (35 P. S. § § 691.1—691.1001); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904); amended under sections 5(b) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b) and 691.402); section 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.302); section 408(e) of the Pennsylvania Used Oil Recycling Act (58 P. S. § 408(e)); sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-5, 510-17 and 510-20); section 105(4) of the Waste Tire Recycling Act (35 P. S. § 6029.105(4)); sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); the Infectious and Chemotherapeutic Waste Law (35 P. S. § § 6019.1—6019.6); and the Vehicle Code, 75 Pa.C.S. § 4909(e).

Cross References

This section cited in 25 Pa. Code § 287.56 (relating to other responsibilities); 25 Pa. Code § 298.25 (relating to source reduction strategy); and 25 Pa. Code § 298.26 (relating to biennial report).