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§ 289.1
CHAPTER 289. RESIDUAL WASTE DISPOSAL
IMPOUNDMENTS
Subchap.
Sec.
A.
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289.1
B.
APPLICATION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 289.101
C.
OPERATING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289.201
D.
ADDITIONAL REQUIREMENTS FOR CLASS I RESIDUAL
WASTE DISPOSAL IMPOUNDMENTS . . . . . . . . . . . . . . . . . . . . . . . 289.401
E.
ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL
WASTE DISPOSAL IMPOUNDMENTS . . . . . . . . . . . . . . . . . . . . . . . 289.501
Authority
The provisions of this Chapter 289 issued under the Solid Waste Management Act (35 P. S.
§§ 6018.1016018.1003); the Pennsylvania Used Oil Recycling Act (58 P. S. §§ 471480); The
Clean Streams Law (35 P. S. §§ 691.1691.1001); sections 1905-A, 1917-A and 1920-A of The
Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20); and the Municipal Waste Plan-
ning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.1014000.1904); amended under sec-
tions 5(b) and 402 of The Clean Streams Law (35 P. S. §§ 691.5(b) and 691.402); section 302 of the
Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.302); section 408(e)
of the Pennsylvania Used Oil Recycling Act (58 P. S. 408(e)); sections 1905-A, 1917-A and 1920-A
of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20); section 105(4) of the
Waste Tire Recycling Act (35 P. S. § 6029.105(4)); sections 301 and 302 of the Radiation Protection
Act (35 P. S. §§ 7110.301 and 7110.302); and the Vehicle Code, 75 Pa.C.S. § 4909(e), unless other-
wise noted.
Source
The provisions of this Chapter 289 adopted July 2, 1992, effective July 4, 1992, 22 Pa.B. 3389,
unless otherwise noted.
Cross References
This chapter cited in 25 Pa. Code § 252.3 (relating to scope); 25 Pa. Code § 261a.2 (relating to
definition of solid waste); 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code
§ 287.121 (relating to application contents); 25 Pa. Code § 287.504 (relating to operating require-
ments); 25 Pa. Code § 287.601 (relating to scope); 25 Pa. Code § 299.143 (relating to application
requirements); and 25 Pa. Code § 299.145 (relating to failure).
Subchapter A. GENERAL
Sec.
289.1.
Scope.
§ 289.1
. Scope.
(a)
This chapter sets forth application and operating requirements for residual
waste disposal impoundments. The requirements in this chapter are in addition to
the applicable requirements in Chapter 287 (relating to residual waste
managementgeneral provisions).
Ch. 289
DISPOSAL IMPOUNDMENTS
25 § 289.1
289-1
(317361) No. 377 Apr. 06 (b)
This chapter applies to two kinds of residual waste disposal impound-
ments.
(1)
Class I residual waste disposal impoundments involve the disposal of
residual wastes with the greatest degree of potential for adverse effects on
groundwater and the greatest potential impact on public health, safety and the
environment.
(2)
Class II residual waste disposal impoundments involve the disposal of
residual wastes with an intermediate degree of potential for adverse effects on
groundwater and an intermediate degree of potential impact on public health,
safety and the environment.
(c)
This chapter includes residual waste disposal at impoundments that are
permitted for industrial waste water treatment and discharge under The Clean
Streams Law.
Subchapter B. APPLICATION REQUIREMENTS
PHASE I AND PHASE II APPLICATION
Sec.
289.101.
Two phase process.
PHASE I APPLICATION REQUIREMENTS
GENERAL PROVISIONS
289.111.
Basic requirements.
289.112.
Facility plan.
289.113.
Maps and related information.
289.114.
Waste solidification plan.
PHASE I APPLICATION REQUIREMENTS
SITE ANALYSIS
289.121.
Description of geology, soils and hydrology; general requirements.
289.122.
Geology and groundwater description.
289.123.
Groundwater quality description.
289.124.
Soil description.
289.125.
Surface water information.
289.126.
Alternative water supply information.
289.127.
Mineral deposits information.
289.128.
Notification of proximity to airport.
25 § 289.1
ENVIRONMENTAL PROTECTION
Pt. I
289-2
(317362) No. 377 Apr. 06
Copyright
2006 Commonwealth of Pennsylvania PHASE II APPLICATION REQUIREMENTS
GENERAL PROVISIONS
289.131.
Basic requirements.
289.132.
Operation plan.
289.133.
Map and grid requirements.
289.134.
Plan for access roads.
289.135.
Access control plan.
289.136.
Nuisance minimization and control plan.
289.137.
Daily volume.
289.138.
Radiation Protection Action Plan.
PHASE II APPLICATION REQUIREMENTSCOVER
AND REVEGETATION
289.141.
Cover plan.
289.142.
Revegetation plan.
PHASE II APPLICATION REQUIREMENTSWATER QUALITY
PROTECTION AND MONITORING
289.151.
Soil erosion and sedimentation control plan.
289.152.
Water quality monitoring plan.
PHASE II APPLICATION REQUIREMENTS
MISCELLANEOUS PROVISIONS
289.161.
Impoundment plan.
289.162.
Gas monitoring and control plan.
289.163.
Contingency plan.
PHASE II APPLICATION REQUIREMENTS
CLOSURE PROVISIONS
289.171.
Postclosure land use plan.
289.172.
Closure plan.
Cross References
This subchapter cited in 25 Pa. Code § 289.411 (relating to additional provisions); 25 Pa. Code
§ 289.415 (relating to waste classification plan); 25 Pa. Code § 289.511 (relating to general require-
ments); and 25 Pa. Code § 289.515 (relating to waste classification plan).
Ch. 289
DISPOSAL IMPOUNDMENTS
25
289-3
(273641) No. 316 Mar. 01 PHASE I AND PHASE II APPLICATION
§ 289.101
. Two phase process.
A person or municipality may submit an application for a permit to operate a
residual waste disposal impoundment in two phases, known as Phase I and Phase
II, in accordance with this subchapter. Approval by the Department of a Phase I
application does not constitute or guarantee approval for the Phase II permit
application, issuance of the permit or authority to operate a residual waste dis-
posal impoundment.
PHASE I APPLICATION REQUIREMENTS
GENERAL PROVISIONS
§ 289.111
. Basic requirements.
The Phase I application shall:
(1)
Comply with §§ 289.112289.114 and 289.121289.128.
(2)
Comply with Chapter 287, Subchapter C (relating to general require-
ments for permits and permit applications).
Source
The provisions of this § 289.111 amended January 12, 2001, effective January 13, 2001, 31 Pa.B.
235. Immediately preceding text appears at serial page (226704).
§ 289.112
. Facility plan.
An application to operate a residual waste disposal impoundment shall contain
conceptual drawings and a narrative describing the following:
(1)
The general operational concept for the proposed facility, including the
origin, composition and weight or volume of solid waste that is proposed to be
disposed of at the facility, the type of liner system, the proposed capacity of the
facility, the expected life of the facility and the size, sequence and timing of
solid waste disposal operations at the facility.
(2)
A detailed description of the volume or soil needed to construct and
operate the facility and the method by which the soil will be delivered. The
description will include the number of trucks, the access roads they will use,
delivery times and any other information relevant to assessing the impacts of
the operation.
Source
The provisions of this § 289.112 amended January 12, 2001, effective January 13, 2001, 31 Pa.B.
235. Immediately preceding text appears at serial page (226704).
Cross References
This section cited in 25 Pa. Code § 289.111 (relating to basic requirements).
25 § 289.101
ENVIRONMENTAL PROTECTION
Pt. I
289-4
(273642) No. 316 Mar. 01
Copyright
2001 Commonwealth of Pennsylvania § 289.113
. Maps and related information.
(a)
An application shall contain a topographic map, on a scale of 1 inch
equals no more than 200 feet with 10-foot maximum contour intervals. The
Department may, in writing, approve the use of a different horizontal scale. The
application shall include the map and necessary narrative descriptions, which
show the following:
(1)
Boundaries and names of the present owners of record of land, both
surface and subsurface, and including easements, rights-of-way and other prop-
erty interests, for the proposed permit area and adjacent area; and a description
of title, deed or usage restrictions affecting the proposed permit area.
(2)
The boundaries of the land to be affected during the estimated total life
of the proposed operation, including the boundaries of areas that will be
affected in each sequence of disposal impoundment activity and boundaries of
areas that will be used for impoundments.
(3)
The location of the areas on and off the permit area which are proposed
to be excavated to obtain earthen material for the construction of the facility,
for cover material, for the liner system and for other construction purposes.
(4)
The location and name of public and private water sources within 1/2
mile of the proposed facility. If more than 50 wells are located within the 1/2-