Notwithstanding a provision of this article or term or condition of a permit for a solid waste processing or disposal facility, the Department may allow the storage of municipal waste at a permitted facility if the following conditions are met:

1. (1) The waste was created, spilled or released during or as a result of an emergency. The waste may also be created as a result of adverse effects on groundwater from a solid waste management facility, materials storage tank or similar source.

2. (2) The permitted facility includes the following:

   1. (i) A designated waste storage area.
   2. (ii) An approved storage and handling plan that will allow storage of the waste without any adverse effect on public health, safety, welfare or the environment.
   3. (iii) Plans for prompt removal of the waste and disposal or processing at another permitted facility if the Department denies the application for permit modification under paragraph (3).
3. (3) Within 5 working days after storage begins, the Department has received an application for permit modification under § 271.222 (relating to permit modification) to allow the disposal or processing of the waste at the facility.

Source

The provisions of this § 285.117 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

Cross References

This section cited in 25 Pa. Code § 285.101 (relating to scope); and 25 Pa. Code § 285.216 (relating to wastes from accidents and spills).