Section 277.201. Basic limitations

(a) Except as provided in subsection (b), a person or municipality may not own or operate a construction/demolition waste landfill unless the Department has first issued a permit to the person or municipality for the facility under this chapter.

(b) A person or municipality may conduct monitoring under § 277.116 (relating to groundwater quality description) without a permit if the Department has given written approval for the monitoring based on written plans that are consistent with this chapter. The monitoring information may be used for a permit application for the proposed facility.

(c) A person who operates a construction/demolition waste landfill shall comply with the following:

(1) The act, this article and other applicable regulations promulgated under the act.

(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.

(d) Except for sewage sludge used to assist revegetation after final cover has been applied under the approved permit, municipal waste other than construction/demolition waste may not be disposed at a construction/demolition waste landfill.

(e) A person or municipiality may not allow residual waste to be disposed at the facility unless the Department has specifically approved the disposal of the waste at the facility in the permit.

(f) The operator may not allow explosive waste to be disposed at the facility.

(g) Hazardous waste subject to Article VII (relating to hazardous waste management) may not be disposed, processed or stored where a construction/demolition waste landfill is operated.

(h) Except to the extent that leachate recirculation is allowed in the permit under § 277.162 (relating to leachate treatment plan), bulk or noncontainerized liquid waste may not be disposed or processed at a construction/demolition waste landfill. Containers holding free liquids may not be accepted unless the container is less than 1 gallon in size, except as otherwise provided in the permit.

(i) Lead acid batteries may not be disposed at the facility.

(j) Loads composed mostly of leaf waste may not be disposed at the facility.

(k) A person or municipality may not allow solid waste to be received, disposed or otherwise managed at the facility if the transportation to, or processing or management at, the facility would violate applicable laws in effect in the county or state in which the waste was generated, or State or local solid waste management plans in effect where the waste was generated.

(l) The 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.

(m) The following radioactive material controlled under specific or general license or order authorized by any Federal, State or other government agency may not be disposed at the facility, unless specifically exempted from disposal restrictions 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.

(n) The following radioactive material may not be disposed at the facility, unless approved in writing by the Department and the disposal does not endanger the environment, facility staff or public health and safety:

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

(2) TENORM.

(3) Consumer products containing radioactive material.

(o) The limitations in subsections (m) and (n) do not apply to radioactive material as found in the undisturbed natural environment of this Commonwealth.

(p) The operator may not accept construction/demolition waste that has been processed to the point that individual components cannot be identified, unless approved by the Department in the permit.

The provisions of this § 277.201 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (255076) and (226287).

Notation

Cross References

This section cited in 25 Pa. Code § 277.132 (relating to operation plan).