Section 271.2. Scope

(a) This chapter specifies certain general procedures and rules for persons who operate municipal waste management facilities. This chapter, together with Chapters 273, 275, 277, 279, 281, 283, 284 and 285, specifies the Department’s requirements for municipal waste processing, disposal, transportation, collection and storage.

(b) Management of the following types of residual waste is subject to this article instead of Article IX (relating to residual waste management), and shall be regulated as if the waste is municipal waste, regardless of whether the waste is a municipal waste or residual waste.

(1) Construction/demolition waste, except construction/demolition waste with greater than 4 ppm PCBs.

(2) Regulated medical and chemotherapeutic waste.

(3) Leaf waste and grass clippings.

(4) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.

(c) Management of the following types of waste is subject to Article IX instead of this article, and shall be regulated as if the waste is residual waste, regardless of whether the waste is municipal waste or residual waste:

(1) Water supply treatment plant sludges.

(2) Waste oil that is not hazardous waste.

(3) Waste tires and auto fluff.

(4) Contaminated soil.

(5) Used asphalt.

(6) Dredged material.

(d) The disposal, processing, storage and transportation at a municipal waste management facility of the following types of special handling waste is subject to the applicable additional requirements for the disposal, processing, storage and transportation of these wastes in Article IX, and shall be regulated as if the waste is residual waste, regardless of whether the waste is municipal waste or residual waste:

(1) Friable asbestos containing waste.

(2) PCB containing waste.

The provisions of this § 271.2 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended July 2, 1992, effective July 4, 1992, 22 Pa. B. 3389; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (333618) and (313769).

Notation

Notes of Decisions

Waste Tires

The accumulation of waste tires which were buried by Defendant are ‘‘residual waste’’ and, therefore, considered to be solid waste under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003). Commonwealth v. Packer, 798 A.2d 192 (Pa. 2002).