Section 295.201. Basic limitations

(a) A person or municipality may not own or operate a composting facility unless the Department has first issued a permit to the person or municipality for the facility under this chapter.

(b) A person or municipality that operates a composting facility shall comply with the following:

(1) The operating requirements of the act, this subchapter and Chapter 287 (relating to residual waste management—general provisions).

(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.

(c) A person or municipality that operates a composting facility may not allow residual waste to be handled at the facility unless the Department has specifically approved special measures for managing the waste as part of the permit.

(d) A person or municipality that operates a composting facility may not:

(1) Mix solid waste with, or store solid waste in close proximity to, other solid waste to create a risk of fire or explosion, or a risk of the accumulation of poisonous or otherwise harmful vapors or gases.

(2) Allow explosive waste to be stored, processed or disposed at the facility.

(3) Allow hazardous waste to be stored, processed or disposed at the facility.

(e) Municipal waste, other than sewage sludge, may be stored, processed or disposed at the facility only if specifically approved by the Department in the permit. Sewage sludge may not be stored, processed or disposed at the facility.

(f) All approved mitigation measures identified in the permit application shall be completed before a facility may accept waste unless a later date is authorized in writing by the Department for technical reasons.

(g) The following radioactive material controlled under specific or general license or order authorized by any Federal, state or other government agency may not be processed at the facility, unless specifically exempted from disposal restriction by an applicable Pennsylvania or Federal statute or regulation:

(1) Naturally occurring and accelerator produced radioactive material.

(2) Byproduct material.

(3) Source material.

(4) Special nuclear material.

(5) Transuranic radioactive material.

(6) Low-level radioactive waste.

(h) The following radioactive material may not be processed at the facility unless approved in writing by the Department and the processing does not endanger the environment, facility staff or public health and safety.

(1) TENORM.

(2) Consumer products containing radioactive material.

(3) Short-lived radioactive material from a patient having undergone a medical procedure.

(i) The limitations in subsections (g)—(h) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.

The provisions of this § 295.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226856).

Notation

Cross References

This section cited in 25 Pa. Code § 295.111 (relating to operating plan); and 25 Pa. Code § 295.203 (relating to waste analysis).