Section 289.523. Minimum requirements for acceptable waste

(a) A person or municipality may not dispose of residual waste at a Class II residual waste disposal impoundment unless the waste meets the following criteria:

(1) The residual waste may not be of a type from which the maximum concentration obtained for a contaminant, based on a chemical analysis of its leachate submitted under § 287.132 (relating to chemical analysis of waste), and approved by the Department, exceeds 50 times the waste classification standard for that contaminant. If analytical quantification limits prevent determination of the acceptability of a residual waste under this paragraph, the Department may consider the total analysis of the waste as well as the physical and chemical characteristics of the contaminant in making a determination of acceptability of the waste at the facility.

(2) Notwithstanding the limitation in paragraph (1), the Department may authorize the disposal of residual waste at a monofill if the waste is of a type from which the maximum concentration obtained for a contaminant, based on a chemical analysis of its leachate submitted under § 287.132, exceeds 50 times the SMCL for that contaminant if the SMCL is the waste classification standard for the contaminant. The Department may authorize the disposal of the waste only upon a demonstration that disposal of the waste at the facility will not cause groundwater degradation that exceeds the SMCL for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for the contaminant.

(3) Even if a waste meets the requirements of this section, and the Department has previously authorized the disposal of the waste at the facility, the Department may require that the waste be disposed at a Class I disposal impoundment if one of the following apply:

(i) Monitoring data indicate that the waste or contaminants of the waste are migrating from the impoundment.

(ii) The approved chemical and leaching analysis no longer accurately predicts the leachability of the waste.

(4) The Department may authorize a facility which disposes of a waste in accordance with a permit under this article to continue to dispose of the waste at the facility although a waste classification standard for a contaminant has been changed so that the waste would no longer meet the criteria for disposal of the waste at the facility under paragraph (1), if the operator of the facility demonstrates to the Department’s satisfaction that disposal of the waste will not cause groundwater degradation that exceeds the waste classification standard for a contaminant at a monitoring point or groundwater degradation that exceeds background levels at the property boundary for a contaminant.

(5) If more than one type of waste or waste contaminants are identified in the chemical and leaching analysis, the waste shall be disposed at the most protective type of facility required for the waste types and waste contaminants identified in the analysis.

(6) Neither residual waste nor leachate from the waste will adversely affect the ability of the liner system to prevent groundwater degradation.

(7) Leachate generated from the residual waste will be treated by the facility’s leachate treatment system in accordance with applicable laws and in a manner that will protect public health, safety and the environment.

(8) The residual waste will not react, combine or otherwise interact with other waste that is or will be disposed at the facility in a manner that will adversely affect the ability of the liner system to prevent groundwater degradation.

(9) The residual waste shall have a pH between 5.0 and 12.5 unless otherwise specified by the Department in the permit. The pH may be adjusted to meet this requirement.

(10) The residual waste may not be allowed to react, combine or otherwise interact with other waste or materials to endanger public health, safety and welfare or the environment by generating extreme heat or pressure, fire or explosion, or toxic mists, fumes, dusts or vapors. The potential for this interaction shall be determined using the procedure set forth in the EPA’s ‘‘A Method for Determining the Compatibility of Hazardous Wastes’’ (EPA-600/2-80 076) or another equivalent method approved by the Department in the permit.

(11) The physical characteristics of the waste will not cause or contribute to structural instability or other operating problems at the site.

(b) A person or municipality may not store or dispose of municipal waste or special handling waste at a Class II residual waste disposal impoundment.

(c) A person or municipality may not dispose of hazardous waste at a Class II residual waste disposal impoundment.

(d) A person or municipality may not dispose of solid waste at a Class II residual waste disposal impoundment if the Toxic Substances Control Act (15 U.S.C.A. 2601—2629) prohibits the disposal of the solid waste at the residual waste disposal impoundment.

The provisions of this § 289.523 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226779) to (226781).

Notation

Cross References

This section cited in 25 Pa. Code § 289.132 (relating to operation plan); 25 Pa. Code § 289.211 (relating to waste analysis); 25 Pa. Code § 289.515 (relating to waste classification plan); 25 Pa. Code § 289.521 (relating to limitations); 25 Pa. Code § 299.143 (relating to application requirements); and 25 Pa. Code § 299.144 (relating to operating requirements).