Section 299.144. Operating requirements

(a) A person or municipality that stores residual waste in a surface impoundment shall design, operate and maintain the impoundment in accordance, at a minimum, with the following:

(1) Section 289.202 (relating to certification).

(2) Section 289.223 (relating to access roads).

(3) Sections 289.227 and 289.228 (relating to air resources protection; and nuisance minimization and control).

(4) Section 289.255 (relating to water supply replacement).

(5) Sections 289.261—289.268 (relating to water quality monitoring).

(6) Sections 289.271(a) and 289.272—289.274 (relating to impoundments).

(7) Section 289.312 (relating to closure).

(8) Section 289.522(a)(2), (6) and (7) (relating to areas where Class II residual waste disposal impoundments are prohibited).

(9) Notwithstanding the references to ‘‘disposal,’’ § 289.423(a)(1)—(3), (5) and (6) (relating to minimum requirements for acceptable waste) or § 289.523(a)(1)—(8) and (11) (relating to minimum requirements for acceptable waste).

(10) Notwithstanding the references to ‘‘disposal,’’ if the residual waste to be stored meets the requirements of § 289.523(a), the following shall be met:

(i) Section 289.532(a)—(c) (relating to general limitations).

(ii) Section 289.533 (relating to subbase).

(iii) Section 289.534 (relating to leachate detection zone).

(iv) Section 289.535 (relating to liner).

(v) Section 289.536 (a)(1) and (b)(1), (2) and (4) (relating to protective cover), except that the protective cover material may be up to 1 inch in diameter.

(11) Notwithstanding the references to ‘‘disposal,’’ if the residual waste to be stored does not meet the requirements of § 289.523(a), the following shall be met:

(i) Section 289.432(a)—(c) (relating to general limitations).

(ii) Section 289.433 (relating to subbase).

(iii) Section 289.434 (relating to secondary liner).

(iv) Section 289.435 (relating to leachate detection zone).

(v) Section 289.436 (relating to primary liner).

(vi) Section 289.437(a)(1) and (b)(1), (2) and (4) (relating to protective cover), except that the protective cover material may be up to 1 inch in diameter.

(b) A person or municipality that stores residual waste in a surface impoundment shall remove waste from the impoundment as follows:

(1) Waste removal may not damage the impoundment.

(2) The liner shall be inspected to ensure its integrity, and necessary repairs shall be made prior to returning the impoundment to service.

(3) The person or municipality shall provide for the disposal or processing of the removed waste in accordance with this article.

(4) Waste shall be removed in accordance with the permit.

(5) If the removal frequency is greater than once per year, the removal frequency shall be stated in the permit.

(6) If the removal frequency is less than or equal to once per year, or if no removal frequency is stated in the permit, waste shall be removed from the impoundment annually.

The provisions of this § 299.144 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266354) and (226901).

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 § 287.112 (relating to storage impoundments and storage facilities); 25 Pa. Code § 299.101 (relating to scope); 25 Pa. Code § 299.141 (relating to scope); and 25 Pa. Code § 299.143 (relating to application requirements).