Section 279.201. Basic limitations

(a) A person or municipality may not own or operate a transfer 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 transfer station facility shall comply with the following:

(1) The operating requirements of the act, this subchapter and the applicable requirements of Chapter 271 (relating to municipal 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 transfer facility may not allow residual waste or special handling waste to be received or handled at the facility unless the Department has specifically approved handling that waste in the permit.

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

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

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

(e) Hazardous waste subject to Article VII (relating to hazardous waste management) may not be disposed, processed or stored at transfer facilities.

(f) 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.

(g) The Department may waive or modify a requirement of this chapter for permitted transfer facilities at which no actual loading, unloading or transferring of municipal waste occurs, if the absence of loading, unloading and transferring activity renders the requirement unnecessary.

(h) 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.

(i) 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 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.

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

(2) TENORM.

(3) Consumer products containing radioactive material.

(k) The limitations in subsections (i) and (j) do not apply to radioactive material as found in the undisturbed natural environment of the Commonwealth.

The provisions of this § 279.201 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 January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (255079) to (255080).

Notation

Cross References

This section cited in 25 Pa. Code § 279.102 (relating to operating plan).