Section 288.453. Leachate transportation

(a) For the first 3 years following initial discharge of leachate into the collection and handling system, leachate may be handled by vehicular transportation to, and leachate treatment at, an offsite treatment facility. Except as provided in § 288.414 (relating to modification of leachate treatment plan), the operator shall operate a leachate collection and treatment facility as provided in § 288.452 (relating to basic treatment methods) within 3 years following the detection of leachate in the collection or handling system.

(b) Vehicular transportation of leachate to an offsite treatment facility will not be allowed unless the following requirements are met:

(1) Prior to the disposal of waste at the facility, the operator has in place at the site a permitted and fully operational system for fully pretreating the leachate in accordance with applicable pretreatment requirements of the primary and backup offsite treatment facilities.

(2) One of the following applies:

(i) Direct discharge into a publicly-owned treatment works or other permitted treatment facility is attainable within 3 years.

(ii) Discharge of treated leachate into a receiving stream in a manner consistent with The Clean Streams Law and regulations thereunder is attainable within 3 years.

(3) A leachate recirculation system under § 288.454 (relating to leachate recirculation) is constructed and fully operational.

(4) The landfill operator has a valid contract for the treatment of leachate at an offsite treatment facility for up to 3 years. The contract shall prohibit the treatment facility operator from refusing to treat leachate without 6 months’ advance written notice to the landfill operator.

(5) The offsite treatment facility to which the leachate would be transported is operating in compliance with The Clean Streams Law and regulations thereunder, and is otherwise authorized and capable of accepting and treating leachate from the landfill.

(c) If the operator loses the ability to dispose at the facility and is unable to secure an alternate offsite treatment facility acceptable to the Department within 15 days from the loss of its approved treatment facility, implementation of the treatment plan required by § 288.452 shall begin immediately.

(d) If the operator cannot immediately implement a treatment plan under § 288.452 to comply with this article, The Clean Streams Law and regulations thereunder, and cannot locate an alternative offsite treatment facility with 15 days, the operator shall cease accepting waste at the facility for storage, processing or disposal. Cessation shall continue until the operator obtains an acceptable means of treating its leachate from the facility.

(e) Notwithstanding other provisions of this subchapter, the operator shall have in place at the site a permitted and fully operational system for fully treating leachate at least 3 full years before closure of the facility.

Notation

Cross References

This section cited in 25 Pa. Code § 287.114 (relating to interim operational requirements for unpermitted processing or disposal facilities); 25 Pa. Code § 287.116 (relating to interim operational requirements); 25 Pa. Code § 288.413 (relating to leachate treatment plan); 25 Pa. Code § 288.414 (relating to modification of leachate treatment plan); 25 Pa. Code § 288.421 (relating to basic limitations); 25 Pa. Code § 288.451 (relating to scope); and 25 Pa. Code § 288.454 (relating to leachate recirculation).