Section 299.113. Duration of storage

(a) A person or municipality may not store residual waste for more than 1 year unless:

(1) For waste that is reusable or reclaimable, the Department has approved in writing a longer period prior to the end of 1 year of storage based on a rate of use or reclamation of stored waste that is reasonably proportional to the rate of accumulation for storage.

(2) For other residual waste, the Department has approved in writing a longer period prior to the end of 1 year of storage.

(b) It shall be presumed that a person or municipality storing residual waste contrary to subsection (a) is operating a residual waste disposal facility and is subject to the applicable requirements of the act and the regulations thereunder for residual waste disposal.

(c) A person or municipality that stores residual waste shall maintain accurate operational records that are sufficiently detailed to clearly and convincingly demonstrate to the Department that residual waste is being stored in accordance with subsection (a). The records shall be made available to the Department upon request. The presumption in subsection (b) may be overcome by the operational records required by this subsection.

(d) Nothing in this section supersedes a regulation, permit condition or other requirement providing for a storage period of less than 1 year.

Notation

Cross References

This section cited in 25 Pa. Code § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities); 25 Pa. Code § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities); and 25 Pa. Code § 299.101 (relating to scope).