[Adopted 9-14-1981 by Ord. No. 59 (Ch. 20, Part 1, of the 1999 Code of Ordinances)]
A. 
Title. This is an article establishing guidelines and procedures to regulate and control the collection, accumulation, storage, hauling and disposal of all waste materials in the Township of Coolbaugh, Monroe County, Pennsylvania, as necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the said Township and prescribing penalties for the violation thereof.
B. 
Short title. This article shall be known as, and may be cited as, "The Coolbaugh Township Solid and Liquid Waste Regulations."
C. 
Application. Except as hereinafter provided, no waste material shall be collected, stored, hauled or disposed of in the Township of Coolbaugh unless in conformity with the provisions of this article.
D. 
Purpose. This article, including the provisions, requirements and regulations as hereinafter set forth, is based upon and intended to give effect to the policies and objectives set forth in the Municipal Authority Enabling Resolution of 1980 and is intended to promote public health, safety and general welfare by achieving, among others, the following purposes and objectives:
(1) 
Insure a systematic, economical and safe waste disposal program by:
(a) 
Providing adequate areas for safe, sanitary and clean waste disposal.
(b) 
Providing safe, sanitary and clean waste collection.
(c) 
Preventing unsafe storage, accumulation, hauling or disposal of hazardous waste.
(2) 
Protect and preserve the natural environment.
E. 
Minimum standards. In their interpretation and application, the provisions of this article shall be held to be minimum requirements for the handling of any and all waste within the Township of Coolbaugh, Monroe County, Pennsylvania.
[Amended 2-16-1999 by Ord. No. 97]
A. 
Tense, gender and number. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural and the plural the singular.
B. 
General terms. The word "shall" or "must" is always mandatory; the word "may" is permissive. The words "used for" includes "designed for," "arranged for," "intended for," "maintained for" or "occupied for." The word "building" includes "structure" and shall be construed as if followed by the phrase "or part thereof." The word "person" includes "individual," "profit or nonprofit organization," "partnership," "company," "incorporated association" or other similar entities.
C. 
Terms, phrases and words not defined. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
D. 
Specific terms. Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:
ACT
The Pennsylvania Solid Waste Management Act 241.[1]
AIR POLLUTION
The presence in the outdoor atmosphere of any form of contaminant including, but not limited to, the discharges from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes or any other source of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste or any other matter in such place, manner or concentration inimical or potentially inimical to public health, safety or welfare, or which is, or may be injurious to human, plant or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property.
ALL-WEATHER ROAD
Any cartway from a site entrance to the dumping area(s), working face(s) or facilities located within the property boundaries of a disposal facility, constructed in a manner which will provide utilization in all weather conditions.
AUTHORITY
The Coolbaugh Township Municipal Authority.
BULKY WASTE
Large items of refuse including, but not limited to, appliance, furniture, large auto parts, trees branches and stumps which cannot be handled by normal solid waste processing, collection or disposal methods.
CELL
Compacted refuse completely enclosed by cover material.
COMMERCIAL WASTE
All solid and/or fluid waste emanating from establishments engaged in business. This category waste originating in stores, markets, office buildings, restaurants, shopping centers and theaters.
COMPOSTING
The process in which organic solid waste is biologically decomposed under controlled anaerobic and aerobic conditions to yield a nuisance-free humus-like product.
CONSTRUCTION AND DEMOLITION WASTE
Waste building materials, dredging materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
DESIGN PLANS
The drawings, profiles, cross sections, working drawings and supplemental drawings or reproductions thereof, for a solid waste disposal or processing facility prepared by or under the supervision of a registered engineer, which show the location, character, dimensions, sequence or details of the work.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid and/or fluid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
FOOD PROCESS WASTE
Residual materials in liquid or solid form generated in the slaughtering of poultry and livestock, or in processing and converting fish, seafood, milk, meat and eggs to food products; it also means residual materials generated in the processing, converting and/or manufacturing of fruits, vegetables, crops and other commodities into marketable food items.
FOOD PROCESS WASTES USED FOR AGRICULTURAL PURPOSES
The use of food process wastes in normal farming operations.
GARBAGE
Solid waste resulting from animal, grain, fruit or vegetable matter used or intended for use as food or organic material.
GROUNDWATER
All water beneath the surface of the ground, excluding vadose water, vadose water being that water above the water table but below the surface of the ground.
HAZARDOUS WASTE
A solid and/or fluid waste (including gaseous waste), or combination of such wastes, which because of its quantity, concentration or physical, chemical, atomic or infectious characteristics may:
(1) 
Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
INCINERATION
The process of burning combustible solid waste.
INDUSTRIAL WASTE
All solid and/or fluid waste resulting from manufacturing and industrial processes, such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses and steel mills.
INSTITUTIONAL WASTE
All solid and/or fluid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LEACHATE
A liquid waste resulting from the interaction of water or other liquids with solid waste containing dissolved and/or suspended solid matter which is deleterious, injurious or hazardous to the waters of the commonwealth, the general public or the environment.
LIFT
An accumulation of up to eight feet of compacted refuse layers upon which cover material has been placed. The cover material may be daily, intermediate or final in application.
MEMBRANE
The layer or material portion of a sanitary landfill liner which is impermeable.
MUNICIPALITY
Coolbaugh Township, Monroe County, Pennsylvania.
NORMAL FARMING OPERATIONS
The customary and generally accepted activities, practices and procedures that farmers adopt, use and/or engage in year after year in the production and preparation for market of poultry, livestock and their products, and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural and aquicultural and crops and commodities. It includes the storage, composting and utilization of agricultural and food process wastes for animal feed, and includes the agricultural utilization of septic tank cleanings and sewage sludges which are generated off-site. It also includes the management, collection, storage, composting, transportation and use of manure, other agricultural waste and food process waste on land where such materials will improve the condition of the soil, the growth of crops and/or aid in restoration of the land for the same purposes.
PROCESSING AND/OR RECYCLING OF WASTES
Any technology applied for the purpose of reducing the bulk of solid waste materials or any technology designed to convert part or all of the waste materials for reuse.
REFUSE
All materials which are discarded as useless.
RESIDUE
Solid or semisolid materials such as, but not limited to ash, ceramics, glass, metal and organic substance remaining after incineration or processing.
SALVAGING
The controlled removal of material from a solid waste processing or disposal site.
SANITARY LANDFILL
A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
SANITARY LANDFILL LINER
An impermeable barrier manufactured, constructed or existing in a natural condition that is utilized to collect leachate. The component parts of a sanitary landfill liner shall consist of, but not be limited to, the natural subgrade which is the undisturbed in-place earth upon which construction will commence, the subbase, the impermeable membrane, the protective cover and drainage facilities.
SCAVENGING
The uncontrolled removal of material from a solid waste processing or disposal site.
SETBACK LINE
A line across the front, side or rear of any private or public property, the establishment of which prohibits the subsequent erection of any building, fence or other obstruction in the area between such line and the property line, except as otherwise provided in this article.
SEWAGE SLUDGE
The coarse screenings, grit and dewatered or air-dried sludges, septic and holding tank pumpings and any other residues from sewage collection and treatment systems which require disposal.
SOIL, DAILY COVER
Soil material used to cover the working face of a landfill at the close of each working day or at the completion of a cell.
SOIL, FINAL COVER
Soil material placed on completed lifts where there is no intention of placing any more lifts at any time and which will be revegetated.
SOIL, INTERMEDIATE COVER
Soil material placed on completed lifts in areas where there is clear intention to place another lift on top within one year.
SOIL, RENOVATING SOIL
Soil material that exists or is placed beneath the landfill that will provide the natural renovation of leachate emanating from the landfill.
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid and/or fluid waste materials resulting from municipal, industrial, commercial, agriculture and residential activities.
SOLID WASTE MANAGEMENT SYSTEM
The entire process of storage, collection, transportation, processing and disposal of solid waste by any person engaging in such process as a business or by any municipality, authority, county or any combination thereof.
SURFACE WATER
All water on the surface of the ground.
TOWNSHIP
See "municipality."
TRANSFER STATION
A supplemental transportation facility used as an adjunct to solid waste route collection vehicles. Such a facility may be fixed or mobile.
[1]
Editor's Note: See now Act 97, 35 P.S. § 6018.101 et seq.
[Amended 2-16-1999 by Ord. No. 97]
A. 
Compliance. The storage, collection and transportation of all solid waste within the confines of Coolbaugh Township shall be in complete compliance with the following regulations.
B. 
Storage prior to collection. The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
(1) 
Storage containers. All storage containers used shall be in complete compliance with the following:
(a) 
A sufficient number of containers shall be provided to contain all waste materials generated during periods between regularly scheduled collections.
(b) 
Individual containers or bulk containers (dumpsters etc.) utilized for the storage of solid waste shall have the following physical characteristics:
[1] 
Constructed in such a manner as to be easily handled for collection.
[2] 
Constructed of rust and corrosion-resistant materials.
[3] 
Equipped with tight-fitting lids or ties.
[4] 
Constructed in such a manner as to be watertight, leakproof, weatherproof, insect-proof and rodent-proof.
(c) 
Individual containers shall be used and maintained so as to prevent public nuisances.
(d) 
Disposable containers shall be acceptable for storage of solid waste.
(2) 
Exposed storage. All exposed storage of solid waste shall be in complete compliance with the following:
(a) 
Magazines, newspapers, wastepaper, tree prunings, brush and yard trimmings, when stored outside of containers, shall be tied securely in bundles of such size as to be readily handled by the collection systems and so as to minimize littering and safety and fire hazards.
(b) 
Bulky items such as furniture, junk automobiles, machinery, appliances and tires shall be stored so that the collection of water and harborage of rodents and creation of safety and fire hazards are prevented.
(c) 
Storage of accumulations of reusable or resalable materials shall be allowed to the extent of a verifiable rate of recovery, plus a reasonable supply for market or reuse. The rate of recovery shall be verified by valid contractual arrangements or historical rates.
(3) 
Cleanup of spills. The generator of the garbage or waste will be responsible for any and all control and containment of said garbage or waste until it is picked up by the hauler and will be liable for the cleanup of same. If the Authority has to clean up said garbage or waste, the cost of the cleanup will be the responsibility of the generator.
C. 
Collection and transportation. All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(1) 
Collection equipment. The waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors or creation of other nuisances.
(2) 
Collection schedules. Collection schedule shall be established and adhered to as follows:
(a) 
Regular collection days shall be established and shall be on file with the Authority.
(b) 
Under normal weather and operating conditions, all collections shall take place between the hours of sunrise and sunset on any scheduled collection day.
(c) 
Any proposed change in scheduled collection shall be submitted to the Authority for review before said change is initiated.
(d) 
Collection at commercial, institutional, industrial and public places shall be performed as frequently as deemed necessary by the Authority.
(e) 
Collection at residential properties shall be consistent with municipal needs and requirements as determined by the Authority.
(3) 
Special collections. Special collections of bulky items shall be as follows:
(a) 
Bulky items such as appliances, furniture and other solid waste which cannot be collected during regularly scheduled pickups shall be collected as frequently as necessary to conform with the standards of this section.
(b) 
These bulky items may be collected in open trucks.
(4) 
Hazardous materials. Hazardous materials shall be collected as follows:
(a) 
Chemicals, poisons, known carcinogens and mutagens, explosives, radiological waste, flammable and other hazardous materials shall not be collected with regular scheduled pickups. This is to minimize the possibility of injury to employees and will help prevent collection equipment damage.
(b) 
Collection and transportation of chemicals, poisons, known carcinogens and mutagens, explosives, radiological waste, flammable and other hazardous materials shall be in accordance with the requirements of state and federal regulatory controls as well as in conformance with this article.
(c) 
Hazardous waste shall not be allowed to accumulate in violation of the standards for hazardous waste of this article or in violation of any state or federal regulations.
(5) 
Transfer and transport systems. All solid waste collected shall be transported to a processing or disposal site approved by the Authority and by the appropriate state and/or federal regulatory agency having jurisdiction.
(a) 
Transportation equipment shall be constructed and maintained as follows:
[1] 
Transportation vehicles shall be constructed so as to be leakproof, fireproof and easily cleaned.
[2] 
Vehicles shall be constructed so as to prevent littering, ingress and egress of vectors and nuisances.
[3] 
Vehicles shall be constructed so as to provide ready access to the load compartment for the purposes of applying odor masking agents, maintenance and cleaning.
[4] 
Load compartments, when applicable, shall be provided with drain plugs or valves located at the lowest point(s) of the cargo compartment. (When hauling hazardous waste, these plugs or valves shall be provided with sealed locks that will show evidence of opening.)
[5] 
Fire-extinguishing facilities and equipment shall be available at all loading areas, unloading areas and en route.
[6] 
Vehicles shall be kept in a clean and sanitary condition.
(b) 
Operating requirements shall be as follows:
[1] 
Access to loading and unloading areas shall be controlled at all times to prohibit the entry of unauthorized persons where applicable.
[2] 
Chemicals, poisons, known carcinogens and mutagens, explosives, radiological wastes, sewage, treatment residues, liquid, semiliquid, flammable and other hazardous wastes shall not be intermixed with other solid waste materials; nor shall these wastes be transported without having obtained Authority approval, DEP approval and compliance with all state and federal regulatory controls when necessary. (Authority approval shall be contingent upon transportation equipment being equipped with sealed locks that will show evidence of opening.)
[3] 
The accumulation and storage of solid waste materials at loading and unloading areas shall be performed in accordance with the requirements of this article.
[4] 
The operation of transfer facilities and loading or unloading areas shall be performed in accordance with the requirements of this article.
[5] 
Litter control, dust control and odor control devices and methods shall be employed at all loading and unloading areas.
[6] 
Equipment for the operation of the transport system shall be adequate to provide continuous operation in compliance with these regulations.
[7] 
Standby equipment shall be available within 24 hours to provide continuous operation in compliance with these regulations.
[8] 
Contingency plans shall be implemented within 48 hours of the occurrence of any event which would impair normal operations so as to disrupt continuous service, such events shall be reported to the Authority within 24 hours of occurrence.
[9] 
Transport vehicles shall not be delayed or placed in populated areas for more than four hours, except that this provision shall not apply to loading and unloading areas.
[10] 
Loaded transport vehicles shall be removed to unloading destinations within a twenty-four-hour period.
[11] 
Transport vehicles shall be cleaned, as needed, to prevent odors, vectors and other nuisances.
[12] 
Cleaning areas shall be as follows:
[a] 
All drainage from cleaning areas shall be managed so as to prevent water pollution. Drainage shall be discharged to sanitary sewer systems or the equivalent.
[b] 
The surface of the cleaning area shall be constructed of impervious material, easily cleaned and well drained.
(c) 
Transfer stations shall be constructed, maintained and operated as follows:
[1] 
Solid waste transfer stations shall conform to the requirements listed in this article and to the specific standards for solid waste transfer stations contained in this subsection.
[2] 
Location of the transfer station site shall be adjacent to access roads which are paved or surfaced with such materials as asphalt, gravel or shale and which are provided with a base capable of withstanding anticipated load limits.
[3] 
An all-weather road negotiable by loaded collection vehicles shall be provided from the entrance gate of the transfer station meeting the requirements set forth in this article.
[4] 
Provisions shall be made for the weighing or measuring of all solid waste delivered to the transfer station site.
[5] 
The unloading area shall be adequate in size and design to facilitate the rapid unloading of solid waste from collection vehicles with minimum delay or confusion.
[6] 
The tipping areas, loading areas and unloading areas shall be constructed of impervious material which is readily cleanable by flushing and shall be equipped with drains or pumps connected to a sanitary sewer system or its equivalent to facilitate the removal of moisture.
[7] 
Truck wheel curbs and tie downs shall be provided to prevent backing into the pit or falling into the pit while tipping.
[8] 
All solid waste shall be confined to the unloading areas. No solid waste shall be scattered adjacent to the transfer station.
[9] 
All areas within the building shall be kept clean.
[10] 
All plumbing shall be properly maintained and the floors shall be well drained and free from standing water.
[11] 
Provisions shall be made for the routine operational maintenance of the transfer station.
[12] 
There shall be no solid waste remaining at the transfer station at the end of the working day unless it is stored in leakproof, fly and rodentproof containers. Special provision shall be made for the transfer of bulky waste at the transfer station, otherwise, such waste shall be excluded.
[13] 
The transfer facility shall have a written emergency operational plan to provide for an alternative waste handling system during periods of inoperation. This plan shall delineate the procedures to follow in case of equipment breakdown which will require standby equipment, extension of operating hours or diversion of solid waste to other facilities.
[14] 
Sewage solids or liquids and hazardous waste shall be excluded from the transfer station unless special provisions are taken and approved by the Authority, DEP and/or any other agencies having jurisdiction.
[15] 
Open burning of solid waste shall be prohibited at the transfer station.
[16] 
Macerators, hammer mills and grinders shall be cleanable and shall be equipped with drains which connect to a sanitary sewer system or equivalent.
[17] 
Dust resulting from the operation shall be controlled at all times.
[18] 
Treatment and disposal of the leachate collected at the transfer station site shall meet the requirements of this article at all times.
[Amended 2-16-1999 by Ord. No. 97]
A. 
Compliance. The disposal of all solid waste within Coolbaugh Township shall be in complete compliance with the following.
B. 
Sanitary landfills. Specific standards for sanitary landfills are as follows:
(1) 
Application requirements. All applications shall include, but not be limited to, the following:
(a) 
A descriptive narrative shall be written and submitted with the application.
(b) 
Information on topographic maps shall include as a minimum the following:
[1] 
Borrow areas, on-site or off-site. Borrow shall be material excavated for the construction of fills, used as cover material or other construction purposes.
[2] 
Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within 1/2 mile of the proposed landfill site property lines.
(c) 
Certain factors may serve to limit normal sanitary landfill operations and information pertaining to those factors on-site and within 1/2 mile of the landfill site shall be included, but not be limited to, the following:
[1] 
Location of underground and surface mines and maps showing the extent of deep mine workings, elevation of the mine pool and location of mine pool discharges.
[2] 
Location of gas and oil wells.
[3] 
Location of high-tension power line rights-of-way.
[4] 
Location of pipeline rights-of-way.
[5] 
Location of geologic and hydrologic features.
(d) 
A soils, geologic and groundwater report of the characteristics of the site shall be included as required by the Authority. This report shall be based on a soils, geology and hydrology investigation and on a published standard soil survey or equivalent data and shall encompass the criteria below:
[1] 
A sufficient number of excavations and borings or wells shall be provided to determine the valid and conclusive soil, geology and groundwater conditions. Exploratory borings or wells shall be provided. These borings or wells shall be drilled 10 feet into the groundwater or bedrock; or in the absence of groundwater or bedrock, a distance equal to the planned depth of the refuse to be deposited plus the depth of the clay or membrane seal. A minimum of three borings or wells shall be drilled 10 feet into the groundwater to delineate groundwater flow system(s). (Said wells shall then be effectively sealed prior to starting operations.)
[2] 
Groundwater monitoring systems required:
[a] 
A minimum of one groundwater quality monitoring point shall be established in each dominant direction of groundwater movement and a minimum of one monitoring point upgradient of the site.
[b] 
Location of monitoring wells shall be approved by the Authority in advance of drilling.
[c] 
Monitoring point shall not be located in excess of 500 feet of the permitted area.
[d] 
Monitoring points shall be accessible to the applicant and to Authority inspectors.
[e] 
Chemical analysis and hydrologic data shall be submitted monthly to the Authority in a format provided to the applicant by the Authority.
[f] 
Each monitoring point shall be purged prior to obtaining the annual sample analysis.
[3] 
Detailed soil descriptions shall be submitted from excavations for materials proposed for use as renovating soil or cover material.
(e) 
A descriptive statement assuming liability for the possible contamination of groundwater due to landfill operations and a proposal for the restitution of damages caused by the same contamination shall be written and submitted with the application.
(f) 
When the Authority has determined that the information required under this section is verified and complete, the applicant shall be notified in writing that Phase I site approval is granted. This approval is granted to the applicant for the purpose of developing the detailed design and operational plans required for Phase II.
(2) 
Application design requirements (Phase II). Application design requirements are as follows:
(a) 
The design plans shall include details relative to:
[1] 
Compaction of solid waste.
[2] 
Application of daily cover material.
[3] 
Elevation and grade of final cover.
[4] 
Management of surface water.
[5] 
Erosion control.
[6] 
Revegetation procedures to be used.
[7] 
Schedule of filling.
[8] 
Site preparations.
[9] 
Monitoring devices.
[10] 
Location and limits of areas previously filled.
[11] 
Cross sections indicating the interface details between areas previously filled and areas to be filled, where applicable.
[12] 
Limits of construction defined by grid controls.
[13] 
Borrow areas on-site defined by grid controls.
[14] 
Location, description and purpose of all easements existing on-site and a definition of all title, deed or usage restrictions relative to the site.
[15] 
Location of gas or oil wells on-site.
[16] 
Location of public and private water supplies on-site.
[17] 
Location and drainage patterns of all surface water systems on-site.
[18] 
Location of underground and surface mines on-site.
[19] 
Cross sections shown on the plans shall be referenced to the grid system for horizontal location, whenever applicable.
[20] 
The design plans shall include a cross section of the access roads and all weather roads identifying construction materials, slopes, grades and distances.
[21] 
Cross sections, grades and/or profiles of diversion ditches, capacities and calculations for ditch volumes.
[22] 
Grades required for proper drainage of lifts.
[23] 
Grades indicating the depth of soil available at the site for cover material.
[24] 
A construction schedule shall be submitted by the applicant to the Authority in a format established by the Authority.
(b) 
Design criteria shall be as follows:
[1] 
Provisions shall be made to manage surface water at the sanitary landfill site.
[a] 
Calculations indicating water quantities shall be submitted to the Authority based on the maximum one hour rainfall in inches, to be expected once in 10 years.
[2] 
The grading of the final surface of the fill area shall provide a slope of not less than 1.0% but not exceeding 15%, except as approved by the Authority.
[3] 
Where final grades are approved exceeding 15% but in no case exceeding 33%, a horizontal terrace 10 feet minimum in width shall be constructed on the slope for every 20 feet maximum rise in vertical elevation of the slope. The gradient of the terrace shall be 1%.
[4] 
Access roads to the entrance of the landfill shall be paved or surfaced with such materials as asphalt, gravel or cinders and shall be provided with a base capable of withstanding anticipated load limits.
[5] 
An all-weather road negotiable by loaded collection vehicles shall be provided from the entrance gate of the landfill to the unloading area, treatment facility or lagoon located on site, unless provisions are made for an alternate disposal area on-site with all-weather roads to the unloading area to be used during periods of inclement weather.
[6] 
All-weather roads to the unloading area shall meet the requirements set forth in the section relating to access roads.
[7] 
All solid waste shall be weighed on permanently installed or portable truck scales which are checked annually for accuracy or measured in a consistent manner approved by the Authority.
[8] 
Methods other than weighing for determining the quantity of solid waste delivered to sanitary landfills or landfills used by industrial, commercial, municipal and agricultural establishments shall be reviewed by the Authority on their merits.
[9] 
Final cover shall be soils that fall within the United States Department of Agriculture (USDA) textural classes of sandy loam, loam, sandy clay loam and silt loam. All other cover materials must be approved by the Authority. The coarse fragment content (fragments not passing the No. 10 mesh sieve, 2 mm) shall not exceed 40% by volume.
[10] 
Renovating soil suitable for natural renovation of leachates shall be soils that fall within the USDA textural classes of sandy loam, loam, sandy clay loam, silty clay loam and silt loam. All other renovating materials must be approved by the Authority. The coarse fragment content (fragments not passing a No. 10 mesh sieve, 2 mm) shall not exceed 40% by volume. The combustible and/or coal content shall not exceed 12% by volume.
[11] 
Soils to be used as daily and intermediate cover material shall be soils that fall within the USDA Textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam. All other cover materials must be approved by the Authority. The coarse fragment content (fragments not passing the No. 10 mesh sieve, 2 mm) shall not exceed 75% by volume and the combustible and/or coal content shall not exceed 12% by volume.
[12] 
Boulders and stones as classified by the USDA shall be separated out or excluded from soils to be used for any type of cover material or renovating soils.
[13] 
Landfills constructed without liners shall have a minimum of six feet of renovating soil between the refuse and any sidewalk with a slope less than 110 feet measured from the horizontal bottom of the fill area.
[a] 
If sidewalk slopes are 110 feet or greater, refer to Subsection B(2)(b)[15] of this section.
[b] 
The renovating soil shall have the characteristics as specified in this section.
[14] 
All landfills constructed without liners or leachate collection systems must have a minimum of eight feet of renovating soil beneath the refuse and above the groundwater table or bedrock for one eight-foot lift. If more than one lift is proposed, an additional ratio of one foot renovating soil to each one foot of refuse must be provided.
[a] 
The renovating soil may be undisturbed soil or emplaced soil and must have the characteristics for renovating soil as specified in this section.
[15] 
In order to maintain the 1:1 ratio of renovating soil to refuse in sites without liners or collection systems and with ground surfaces with slopes less than 175 feet and/or sidewalks with slopes equal to or greater than 110 feet as measured from the horizontal bottom of the fill area, the following criteria must be applied:
[a] 
The total depth of renovating soil at any point on the site will be measured on a vertical plane passing through that point from the upper surface of the renovating soil.
[b] 
For example, in a landfill that is to be constructed in a ravine with a V-shaped cross section, the depth of renovating soil measured in a vertical plane at any point on the site must be equal to or greater than the refuse immediately above it.
[16] 
Coal seams and coal outcrops shall be isolated from refuse deposits by earthen barriers. The earthen barrier shall be a minimum thickness of 25 feet of natural or compacted soils. All mine openings shall be sealed in accordance with the mining laws of the Commonwealth of Pennsylvania.
[17] 
The site shall not have a flooding hazard of greater frequency than once in 100 years and direct fill into water shall be prohibited.
[18] 
The site must be designed and operated in a manner which will prevent or minimize surface water percolation into the solid waste material deposits.
[19] 
Sites not meeting the criteria listed for natural renovation for the prevention of groundwater pollution may be utilized if leachate collection and treatment facilities are approved by the Authority and by DEP.
[20] 
Individual cells of refuse shall be placed in layers not exceeding eight feet in depth as measured from the working plane.
[21] 
A final layer of cover material, compacted to a minimum uniform depth of two feet and having the characteristics specified in Subsection B(2)(b)[9] of this section shall be placed over the entire surface of each portion of the final lift.
[22] 
The final cover layer shall be completed within two weeks after placement of solid waste in the final lift. Completion shall include permanent stabilization of all slopes.
[23] 
Diversion ditches constructed shall be fully dimensioned on the plans indicating length, gradient and cross sectional configuration.
[a] 
Side slopes of diversion ditches shall not be greater than two horizontal to one vertical, 50%.
[24] 
Gas venting systems and gas monitoring systems shall be installed at all sites.
[a] 
Gas venting may be accomplished by construction of either lateral and/or vertical venting.
[b] 
Pipe vents located within 100 feet of any building, mechanical structure or roadway shall be constructed so as to discharge above the roof line of said building or mechanical structure and a minimum of 12 feet above the roadway surface.
[25] 
The plans shall include a schematic presentation indicating the method(s) of filling to be utilized; i.e., trench method, area method or both in combination.
[26] 
All utilities to be installed at a facility shall be shown in plan, section and profile, where applicable.
[a] 
The design shall initiate at the point of service connection, on-site or off-site and be shown complete to the point of usage.
[27] 
All fencing and barriers to be constructed at a facility shall be shown on the plans in full elevation, fully dimensioned and type of construction materials shall be identified and specified.
(c) 
A detailed written operational plan shall be submitted to address the standards as specified in this section.
(d) 
All plans shall be submitted to the Authority for their review and approval prior to the issuance of any permits. Approval from the appropriate state and/or federal agencies must be submitted with plans.
(e) 
Any and all material submitted shall become the property of the Authority and cannot be returned to the applicant. The Authority has the right to submit all material to appropriate agencies for comments prior to approval.
(3) 
Sanitary landfill liner requirements. All sanitary landfills must be underlain with an approved impermeable liner except when the applicant has submitted proof to the Authority that the liner is unnecessary. Final approval of said exemption shall be by the Authority.
C. 
Sanitary landfill liners. Standards for sanitary landfill liners shall be as follows:
(1) 
Permeability. A man-made liner shall be considered suitable for use as an impermeable barrier when the value of permeability is one by 10-7 centimeters per second or less.
(2) 
Resistance to leachate. Manufactured membranes, such as ethylene propylene diene monomer (EPDM), chlorosulfonated polyethylene, poly-ethylene (PE), polyvinyl chloride (PVC), elasticized polyolefin, chlorinated-poly-ethylene (CPE), polychloroprene (neoprene), asphaltic mesh, and poly-iso butylene isoprene (Butyl), shall have a manufacturer's warranty that the membrane is capable of preventing leachate from reaching the soil under the membrane.
(a) 
The composition of raw leachate for liner evaluation is expected to be within the range of maximum values shown in the following Table I.
Table I
Leachate Composition
Component
Maximum Values
pH
8.5
Hardness (carbonate)
8120
Alkalinity (carbonate)
9500
Calcium
2570
Magnesium
410
Sodium
3800
Potassium
1860
Iron (total)
1640
Chloride
2350
Sulfate
1220
Phosphate
130
Organic nitrogen
550
Ammonia nitrogen
845
Conductivity
1200
BUD
32400
COD
50715
Suspended solids
26500
Total organic carbon
30000
NOTE:
Above values given in milligrams per liter except:
pH (pH units)
Conductivity (Microohms per centimeter)
(3) 
Particular waste deposit. Whenever a particular waste material, such as sludge, is proposed to be deposited in a lined sanitary landfill, data shall be submitted to the Authority by the applicant indicating the miscibility of the membrane material relative to an undiluted exposure of not less than 100 hours to the particular waste.
(4) 
Physical properties. In order to provide the Authority with a basis for evaluating the various manufactured membranes, the applicant shall require the manufacturer to submit, at least, the following basic data, where applicable:
(a) 
Tensile strength.
(b) 
Elongation.
(c) 
Tear resistance (pounds/inch).
(d) 
Ozone resistance.
(e) 
Ultraviolet resistance.
(f) 
Permeability (centimeters per second).
(g) 
Operating temperature range.
(h) 
Thickness (inches and mils).
(i) 
Heat resistance.
(j) 
Subbase preparation (minimum).
(k) 
Method of splicing and properties of splice material.
(l) 
Slope placement limitation in percent or ratio.
(m) 
Resistance to oxygenated solvents.
(n) 
Resistance to aromatic and halogenate solvents.
(o) 
Resistance to aliphatic (petroleum) solvents.
(p) 
Cold crack temperature.
(q) 
Shrinkage (% in length and width).
(r) 
Resistance to methane.
(s) 
Any unique or limiting characteristics.
(t) 
Weight per square feet in pounds.
(u) 
Method of patching.
(v) 
Resistance to soil burial.
(All data submitted as physical properties shall have the appropriate current ASTM Test Method designated.)
(5) 
Subgrade bearing criteria. For all liner installations, the subgrade shall have a minimum bearing capacity of 1 1/2 tons per square foot plus 1/2 of the total applied load in pounds per square foot. In areas where fill may be required to achieve the desired subgrade elevation, compaction shall be 90% of the standard proctor density test.
(6) 
Asphalt membranes; field constructed. All asphaltic designations shall be referenced to PennDOT Form 408, specifications by section, paragraph and page, and further referenced to PennDOT Bulletin Number 25 by page and class of material.
(a) 
The native ground, when in direct contact with the membrane section, shall be able to maintain a minimum field capacity (moisture retention) of 5% dry weight of soil.
(7) 
Membrane thickness. The minimum thickness of membranes shall be as follows:
(a) 
The minimum allowable thickness for a manufactured membrane with properties similar to approved polyvinyl chloride (PVC) membranes shall be 20 mil.
(b) 
Membranes constructed of asphalt pavement material similar to PennDOT Bituminous Surface Course ID-2A, Wearing Course, as described in Section 402, PennDOT Form 408, Specifications, shall have a compacted thickness of not less than two inches.
[1] 
The surface of such membranes shall be further sealed with an application of AC-20 or PC-1 as specified in PennDOT Bulletin Number 25.
[a] 
The seal coats shall be applied at a quantity not less than 0.6 gallon per square yard in two applications of approximately 0.3 gallon per square yard each.
(c) 
Asphalt membranes constructed to accomplish a stabilized base membrane shall be constructed according to Section 330, Soil-Bituminous Base Course, PennDOT Form 408 Specifications, shall have the following thicknesses:
[1] 
The thickness of stabilized base membranes utilizing central plant mixing and placement through a paver or spreader box; or mixing and placement utilizing a motor paver shall be three inches compacted.
[2] 
The thickness of stabilized base membranes utilizing mix in place methods such as windrowing shall be 12 inches compacted.
[a] 
Stabilized base membranes shall be sealed in the same manner as asphalt pavement membranes as per Subsection C(7)(b)[1].
(d) 
Asphalt materials utilized to construct stabilized base membranes shall be limited to water-asphalt emulsions, PennDOT designations E-5 or E-6, as specified in PennDOT Bulletin Number 25.
(e) 
Asphalt membranes constructed by spraying asphaltic material shall be constructed according to the applicable provisions of PennDOT Form 408 Specifications.
[1] 
Prior to the placement of any asphaltic material, the subgrade shall be constructed conforming to the grades and cross sections shown on the design plans.
[a] 
The subgrade shall be considered as that portion of the work which has prepared as specified herein and upon which a layer of specified asphaltic material is to be placed.
[2] 
The finished subgrade shall be true to cross section, hard, uniform, smooth, free of all debris, weeds or other foreign material, and when tested shall attain a relative density of at least 90% as measured by the standard proctor density test.
[3] 
The finished subgrade shall be stabilized with an application of MC-30, or an application of MC-70 when the slope does not exceed 15% as specified in PennDOT Bulletin Number 25.
[a] 
The application of MC-30 or MC-70 is to be applied at a quantity of not less than 0.30 gallon per square yard as placed by an approved pressure distributor.
[4] 
The subgrade shall be further sealed with an application of AC-20, PC-1, RC-800 or RC-250 where the slope does not exceed 15%, at a quantity not less than 0.75 gallon per square yard.
[a] 
The seal coat shall be placed in two applications utilizing a distributor truck equipped with an offset spray bar with an allowable variation not to exceed 0.50 gallon per square yard from the specified rate of application.
(8) 
Subgrade for monitoring liners. The subgrade for monitoring liners shall be constructed as follows:
(a) 
The subgrade for monitoring purposes shall consist of a fine-graded subbase with a twelve-inch base course.
[1] 
The base course shall be of sandy material not less than 70% by weight of sand between 2 mm and 0.5 mm in size and not more than 15% by weight of clay less than 0.002 mm in size to create a flow zone for monitoring purposes.
[2] 
A subdrain system consisting of four-inch drainage pipe shall be installed in the base course perpendicular to the direction of liquid flow at a spacing pattern of not more than 175 feet on center.
(b) 
To protect the integrity of the flow zone and to insure a permeability contrast between the twelve-inch base course and the fine-graded native soil subbase, an application of MC-30, as specified by PennDOT Bulletin Number 25, shall be applied to the fine-graded native soil subbase at an application rate of not less than 0.25 gallon per square yard.
[1] 
Where the native soil subbase has a permeability of less than one by 104 centimeters per second, the MC-30 shall not be required.
(9) 
Protective cover. The protective cover of all membranes shall be as follows:
(a) 
The protective cover for all sanitary landfill membranes shall consist of six inches of selected clean earth material and at least eight inches of clean earth material for a total earthen cover of not less than 14 inches.
[1] 
The six-inch selected clean earth material shall be placed directly upon the membrane and will be selected so that no aggregate, rocks or solid material which is larger than two inches in greatest dimension will be placed in this zone.
(b) 
The initial lift of refuse placed upon the fourteen-inch protective shall consist of two feet of selected refuse.
[1] 
Selected refuse being that refuse which does not contain bulky waste or items where the greatest dimension is larger than two feet.
(10) 
Slopes. All slopes for membranes shall be as follows:
(a) 
The minimum subgrade slope for all sanitary landfill liners shall be 1%.
(b) 
The maximum slope for all sanitary landfill liners shall be 20%.
(c) 
The maximum side slope for manufactured membranes shall be 33% or the manufacturers' recommendation, whichever is the lesser.
(d) 
The maximum side slope for asphaltic membranes shall be 25%.
(11) 
Leachate collection for man-made liners. All leachate collection systems shall be designed and constructed in full compliance with the following:
(a) 
The applicant shall submit to the Authority full and complete calculations based on natural precipitation indicating the amount of leachate generation anticipated annually over the operational lifespan of the site and a period of 10 years following closure of the site.
[1] 
Natural precipitation shall be calculated on the basis of the past twenty-five-year average for the nearest recording station of record.
[2] 
The leachate collection system shall be installed and operable in order to collect and retain the calculated volume of leachate expected during the first-year operational increment.
(b) 
A drainage system for the channelization and collection of leachate may be installed in proximity to the protective cover.
[1] 
The drainage system, whether collection piping, french drain or other types shall not penetrate a distance in excess of 10 inches into the protective cover.
(c) 
Collection ditches installed at the extremities of the sanitary landfill liner shall be constructed with an impermeable wetted perimeter.
(d) 
The collection ditches shall be sized to accommodate the maximum anticipated volume of leachate flow with a factor of safety not less than 25%.
[1] 
All ditches and drainage facilities shall be shown on the design plans indicating gradient, elevations and fully dimensioned cross sections.
(e) 
Additional design criteria for leachate collection facilities shall be as follows:
[1] 
The area designed for filling shall not exceed 70% of the hydraulic loading capacity of the treatment facility.
[2] 
After five years of operation, the applicant shall revise and resubmit the plans and design of the collection system as required by existing conditions and criteria.
[3] 
A metering device to record the daily flow of leachate in gallons per minute from a completely lined increment shall be installed at the orifice of that increment.
[a] 
An accurate record of the measured flow shall be maintained by the operator and submitted to the Authority on a monthly basis.
[4] 
Where a lined landfill is proposed, the aggregate amount of liquid storage to be provided shall be 100% of the precipitation and induced liquid applied to the operational lined increment in one year.
[a] 
An operational subsection of the lined area shall have a minimum of two lifts of refuse in place prior to proceeding to an additional subsection.
[b] 
The aggregate volume of required liquid storage shall provide an allowance not to exceed 25 gallons per cubic yard of liquid capacity.
[5] 
When a lined increment of a site is completed, final covered, properly graded and vegetated, a total maximum allowance of 70% of natural precipitation shall be considered runoff.
[6] 
Natural systems may be utilized to collect leachate from landfills.
[a] 
The methods to utilize natural systems may be the manipulation of the groundwater flow system(s) or naturally occurring impermeable zones.
[b] 
Where collection and treatment is proposed to manipulate or utilize natural groundwater flow system(s), the applicant shall submit design data, plans and specifications for the approval of the Authority.
[i] 
Detail analysis of the groundwater flow systems must be submitted and include as a minimum, groundwater table maps, piezometric surface maps, hydraulic gradients, hydrologic connections, flow directions, flow regimes analysis, transmissivity and permeability data.
[c] 
Where naturally occurring impermeable zones are to be utilized, the minimum site requirements that must be met are:
[i] 
Zones with a uniform thickness of greater than two feet must have a permeability of less than one by 10-7 centimeters per second
[ii] 
Zones with a uniform thickness of greater than four feet and an upward groundwater gradient into the zone may be approved with a maximum permeability of less than one by 10-6 centimeters per second
(12) 
Water table. Whenever the distance between the high water table and the MC-30 monitoring flow plane is less than four feet, a groundwater drainage system consisting of drain tile, piping, french drains, intercepts or other conventional subdrainage mechanisms shall be installed to maintain a four foot isolation distance between the MC-30 and the groundwater table.
(13) 
Documentation. Documentation insuring the proper treatment and disposal of all leachate collected will be provided to the Authority by the applicant.
(a) 
Said documentation may include a contractual agreement with the operators of a treatment facility off-site and a contractual arrangement for the transporting of leachate to said site.
(14) 
Plans and documents. Any and all material submitted to the Authority shall become the property of the Authority and cannot be returned to the applicant. The Authority has the right to submit any and all material to appropriate agencies for comments prior to approval.
D. 
Operating standards for sanitary landfills. Specific standards for operating a sanitary landfill shall be as follows:
(1) 
Equipment.
(a) 
Equipment provided for operation of the sanitary landfill shall be in operable condition, adequate in size and performance capability to continuously conduct the landfill in accordance with these standards.
(b) 
Standby equipment shall be on-site or readily available to provide for major equipment breakdown.
(2) 
Operations.
(a) 
All solid waste shall be spread and compacted in shallow layers, not exceeding a depth of two feet. Compacting of the solid waste shall be accomplished by repeated passages of landfill equipment.
(b) 
Unloading areas shall be specified and restricted to the proximity of the working face and shall permit collection vehicles to unload promptly.
(c) 
An attendant shall direct vehicles to the unloading area or clearly marked signs shall be located prominently to the unloading area.
(d) 
Burning of solid waste is prohibited at the sanitary landfill.
(e) 
Provisions shall be made to prevent dust from hampering landfill operations or from causing health or safety hazards and nuisances.
(f) 
To control dust and mud problems, one or more of the following measures shall be implemented:
[1] 
Paving of access roads and roads leading to the unloading area.
[2] 
Application of moisture-absorbing chemicals such as calcium chloride to roadways.
[3] 
Application of Authority-approved oil to roadways.
[4] 
Spraying of water, as needed, on roadways.
(g) 
The size of the working face shall be confined to an area no greater than can be easily compacted and covered daily with available equipment.
(h) 
To control blowing paper, there shall be erected a mesh fence having a minimum height of six feet with openings not more than three inches by three inches along any or possibly all boundaries.
(i) 
Litter control fences constructed of wire mesh or other suitable material shall be located in the immediate operating area, approximately 50 feet to 75 feet downwind from the working face.
[1] 
The nature of the solid waste or excessive winds may require additional litter control measures which shall be provided.
(j) 
The entire landfill shall be adequately policed and litter shall be collected routinely at no greater than weekly intervals from fences, roadways and tree line barriers and incorporated into the solid waste cells.
(k) 
A uniform six-inch compacted layer of daily cover shall be placed on all exposed solid waste at the end of each working day.
(l) 
Daily cover material shall have the characteristics as specified in this article (§ 337-4B(2)(b)[11]).
(m) 
A layer of intermediate cover material, compacted to a minimum uniform depth of one foot and having the characteristics specified in this article (§ 337-4B(2)(b)[11]) shall be placed on completed lifts in areas where there is clear intention to place another lift on top within one year.
[1] 
When additional waste is not deposited within one year, additional cover and revegetation shall be provided as required for final cover.
(n) 
Completed portions of the landfill shall be graded as specified in this article (§ 337-4B(2)(b)[21] and [23]) within two weeks of completion.
(o) 
Seed bed preparation and planting operations to promote stabilization of the final soil cover shall be done as soon as weather permits and seasonal conditions are suitable for the establishment of the type of vegetation to be used.
[1] 
Reseeding and maintenance of cover material shall be mandatory until adequate vegetative cover is established to prevent erosion.
[2] 
Revegetation procedures as published in PennDOT Form 408 or the current "Agronomy Guide" of the College of Agriculture, Pennsylvania State University, may be utilized.
(p) 
To assure that proper construction of the landfill is carried out according to operational plans and to provide for the most efficient utilization of the completed site, daily operational records shall be maintained.
[1] 
Authority inspections of the site at regular intervals shall include review of daily operational records.
(q) 
The disposal of solid waste shall be prohibited in areas where continuous or intermittent contact occurs between solid waste and the groundwater table or intermittent surface runoff.
(r) 
The disposal of sewage liquids or solids, liquids and hazardous waste in a sanitary landfill shall be prohibited until the methods of disposal, suitability of the site and plan of operation have been reviewed and approved by the Authority and other applicable agencies.
(s) 
All operations shall be limited to 7:00 a.m. through 5:00 p.m. daily (Monday through Friday), 7:00 a.m. through 12:00 p.m. Saturday and shall be prohibited on Sundays and legal holidays.
[1] 
Access to the site shall be limited to those posted times when an attendant is on duty.
[a] 
In order to protect against indiscriminate and unauthorized dumping every landfill shall be protected by a locked barricade, fences, gates and/or other positive means designed to deny access to the area at unauthorized times or locations.
E. 
Sewage sludge. Standards for sewage sludge disposal shall be as follows:
(1) 
Initial provisions. A permit shall be required of any person, municipality, state agency or authority proposing to use or continue to use their land or any other land as a sewage sludge disposal area except that no permit shall be required of farmers for the agricultural utilization of sewage sludge as a part of a normal farming operation when such utilization is accomplished according to the provisions of Subsection E(3) of this section. Any agricultural utilization in variance to the provisions of Subsection E(3) of this section shall be considered land disposal and shall require a permit according to Subsection E(4) of this section.
(2) 
Application permit requirements of sewage treatment plants or sewage sludge transporters for agricultural utilization.
(a) 
Application for a permit shall be made on forms provided by the Authority.
(b) 
Applications shall be accompanied by available soil maps and topographic maps with two-foot contour intervals enlarged to a scale no smaller than 1:400. Such maps shall show site boundaries and sludge application areas and rates.
(c) 
The applicant shall submit a descriptive narrative denoting the source of the sewage sludge, the proposed application rate per acre and the total amount to be applied during the agricultural utilization period.
(d) 
The applicant shall submit a chemical analysis of the sewage sludge to include, but not be limited to, the ranges of the following: moisture content percent total nitrogen (moist and dried), percent ammonium (NH4-N (moist and dried), percent organic nitrogen (moist and dried), BOD, pH, and the following reported on a dry-weight basis: cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury and molybdenum and other toxic substances and enteric pathogens. Chemical analyses are required according to the following schedule:
[1] 
Three composite samples of the sludge to be disposed of must be analyzed and one composite sample each year thereafter must be analyzed unless otherwise approved by the Authority and results of the testing certified by the testing agency and submitted to the Authority.
[2] 
Additional analyses may be required by the Authority when any changes in the treatment plant's volume or quality of effluent is evident.
(e) 
The applicant shall maintain records of such quantities, dates and locations of sludge application and shall furnish copies of such records to the Authority upon request.
(f) 
The Authority may require such additional information as is necessary to accomplish permit issuance.
(g) 
The Authority shall regularly inspect such dump sites to insure compliance.
(3) 
Agricultural utilization as part of a normal farming operation.
(a) 
The sewage sludge application shall be made at rates consistent with Authority and/or DEP guidelines.
(b) 
The sewage sludge must be mixed into or turned under the surface within 24 hours of application except when application is for top dressing of certain crops as provided by Authority and/or DEP guidelines.
(c) 
Sewage sludge shall not be applied when the ground is saturated, covered with snow or frozen or during periods of rain.
(d) 
Sewage sludge shall be spread or sprayed in thin layers so as to prevent ponding and standing accumulations of liquids or sludge.
(e) 
Applications of sewage sludge shall be prohibited within:
[1] 
One hundred feet of streams.
[2] 
Three hundred feet of water supplies.
[3] 
Twenty-five feet of bedrock outcrops.
[4] 
One hundred feet of property lines.
[5] 
Three hundred feet from an occupied dwelling.
[6] 
Additional setbacks may be imposed if determined advisable by the Authority.
(f) 
Site characteristics for agricultural utilization:
[1] 
Suitable soils shall be those that fall within the USDA Textural Classes of sandy loam, loam, sandy clay loam, silty clay loam and silt loam. All other materials must be approved by the Authority.
[2] 
The soils shall have a well developed solum with a minimum depth of 20 inches to bedrock.
[3] 
A minimum depth of 48 inches to seasonal high water tables shall exist.
[4] 
Existing slopes on the site shall not exceed 12%.
[5] 
No closed depression shall exist on the site.
[6] 
Soil pH shall be 6.5 or greater; except that the pH may be adjusted by the addition of lime or other suitable material. The pH must be maintained at 6.5 or greater, during the operation life of the site and for two years after closure of the site.
[7] 
Depth to the permanent groundwater table shall be a minimum of six feet.
(g) 
The sludge shall be digested or stabilized and shall not be applied in such quantities so as to cause ground or surface water pollution or adversely affect the food chain.
(h) 
The sludge shall not be applied in such quantities so as to allow runoff to occur or to cause spreading, vector or odor problems.
[1] 
Sewage sludge shall be applied to the soil surface by spraying, spreading or injection to prevent ponding or standing accumulations of liquids or sludge.
(i) 
Sludge shall not be applied to areas subject to active flooding.
(j) 
The Authority shall regularly inspect sites to insure compliance.
(4) 
Application permit requirements for land reclamation utilization or land disposal.
(a) 
Application for a permit shall be made on forms provided by the Authority.
(b) 
Application shall be accompanied by adequate maps showing site boundaries and sludge application areas.
(c) 
The applicant shall submit a descriptive narrative denoting the source of sewage sludge, the application rate per acre, the total amount to be applied during the reclamation or disposal project, the duration of the project, the complete revegetation plans and the method of applying sewage sludge.
(d) 
The applicant shall submit a chemical analysis of the sewage sludge to include, but not be limited to, the ranges of the following: moisture content, percent total nitrogen (moist and dried), percent ammonium NH4-N (moist and dried), percent organic nitrogen (moist and dried), percent phosphorus (P) (dried), percent potassium (K) (dried), BOD, pH and the following reported on a dry-weight basis: cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury and molybdenum and other toxic substances and enteric pathogens. Chemical analyses are required according to the following schedule:
[1] 
Three composite samples of the sludge to be disposed of must be analyzed and one composite sample each year thereafter must be analyzed unless otherwise approved by the Authority and results of the testing to be certified by the testing agency and submitted to the Authority.
[2] 
Additional analyses may be required by the Authority when any changes in the treatment plant's volume or quality of effluent is evident.
(5) 
Operating requirements for land reclamation utilization or land disposal.
(a) 
Applications shall be governed by the following:
[1] 
The sludge shall not be applied in such quantities as to cause ground or surface water pollution or adversely affect the food chain.
[2] 
The sludge shall not be applied in such quantities as to allow run off to occur or to cause spreading, vector or odor problems.
[3] 
Sewage sludge applications shall be made at rates consistent with Authority and/or DEP guidelines or the applicant's approved plans.
(b) 
The sludge shall be incorporated into the soil or other material within 24 hours after application.
(c) 
No sludge shall be applied when the ground is saturated, snow-covered, frozen or during periods of rain. The operator shall provide temporary storage facilities in a manner that will not degrade the environment.
(d) 
Application of sewage sludge shall be prohibited within:
[1] 
One hundred feet of streams or intermittent waterways.
[2] 
Three hundred feet of water supplies.
[3] 
Twenty-five feet of bedrock outcrops.
[4] 
One hundred feet of property lines.
[5] 
Three hundred feet of an occupied dwelling.
[6] 
Additional setbacks may be imposed if determined advisable by the Authority.
(e) 
Sewage sludges shall be applied to the soil surface by spraying or injection to prevent ponding or standing accumulations of liquids or sludge.
(f) 
A complete revegetation plan shall be required.
(g) 
Satisfactory surface water or groundwater monitoring or both may be required as deemed necessary by the Authority.
(h) 
When intermittent applications are being applied (more than five days between applications), the operator shall notify the Authority at least 24 hours prior to each application.
(i) 
The Authority shall regularly inspect such sites to insure compliance.
(6) 
Sewage sludge disposal in sanitary landfills.
(a) 
Developing a sanitary landfill or utilization of an existing permitted sanitary landfill shall conform to all applicable requirements in this section and the following:
[1] 
Application and information requirement for a permit shall be on forms provided by the Authority. This information shall be submitted for approval by the Authority.
[2] 
Sanitary landfills utilizing leachate collection and treatment systems, under permit to the Authority, may be approved for sewage sludge disposal. Sewage sludge shall be digested or stabilized and dried to 20% or greater solids content by weight.
(7) 
Giveaway program.
(a) 
In a giveaway program, the generator of the sludge shall provide facilities on his property for the temporary storage of sludge. The generator shall make the sludge available to persons who come to the facility to obtain the sludge.
(b) 
The generator of the sludge shall provide the information required by this article for a storage permit.
(c) 
The generator of the sludge shall submit the information required by this article for the chemical analysis of the sludge.
(d) 
The generator of the sludge shall prepare for the Authority approval an instruction sheet to be given to persons obtaining the sludge.
[1] 
The instruction sheet shall include a description of the material, application rates and recommended uses or prohibitions.
[2] 
A maximum of 1,000 gallons per acre is permitted to be given a site annually for disposal. This rate may be changed as determined by the Authority dependent upon the chemical characteristics of the particular sludge.
(8) 
Septic tank and holding tank wastes. Septic tank and holding tank wastes shall be disposed of only in an approved sewage treatment plant.
F. 
Composting facilities.
(1) 
Compliance. Composting operations shall conform to the standards of this article and to the specific standards for composting operations contained in this section.
(a) 
Small composting operations of an individual family solely for gardening and horticultural use are exempt from these regulations so long as no nuisance or health hazard is created.
(2) 
Application requirements. The requirements for submission of an application shall conform to the following criteria:
(a) 
A descriptive narrative of the operation shall be written and submitted with the application. The narrative must include the following:
[1] 
Size, type and number of equipment for the handling, processing and storage of the compost through the entire process.
[2] 
The ultimate disposal, reuse sale and/or marketing of the compost.
[3] 
The maximum and minimum length of time necessary to complete the composting process.
[4] 
The frequency of the turning of the compost.
[5] 
The separation, storage and ultimate disposal of noncompostable materials.
[6] 
The volume of the finished compost to be stored prior to sale, marketing, reuse or disposal.
[7] 
The source, type and volume of waste to be composted on a daily basis.
[8] 
A description of contingency system to be implemented in the event of operational or equipment breakdown.
[9] 
The minimum and maximum length of time the finished compost is to be stored prior to disposal, sale, reuse or marketing.
(b) 
The application design plans shall include details relative to:
[1] 
Management of surface water.
[2] 
Size of compost pad.
[3] 
Construction of the compost pad.
[4] 
Erosion control.
[5] 
Revegetation procedures to be used.
[6] 
Schedule of composting by windrow.
[7] 
Site preparations.
[8] 
Monitoring devices for groundwater observations.
[9] 
Limits of construction defined by grid controls.
[10] 
Location, description and purpose of all elements existing on site and a definition of all title, deed or usage restrictions relative to the site.
[11] 
Location of gas and oil wells on site.
[12] 
Location of underground and surface mines on site.
[13] 
Location of public and private water supplies on site.
[14] 
Cross sections shown on the plans shall be referenced to the grid system for horizontal location whenever applicable.
[15] 
Grades required for proper drainage of the compost pad.
[16] 
Cross section, grades and/or profiles of diversion ditches, capacities and calculations for ditch volume.
[17] 
A construction schedule shall be submitted by the applicant to the Authority in a format established by the Authority.
[18] 
The location and size, both horizontal and vertical dimension, of all buildings to be used in the process.
[19] 
The location and general specifications of all equipment contained within the building which will be employed in the processing operation.
[20] 
A flow chart depicting the processing scheme of the waste from delivery to the site to the deposit of the waste on the compost pad.
(3) 
Design criteria.
(a) 
Provisions shall be made to manage surface water at the compost site. Calculations indicating water quantities shall be submitted to the authority. Calculations for surface water shall be based on the one-hour rainfall in inches, to be expected once in 10 years.
(b) 
Access roads to the entrance of the compost plant or site shall be paved or surfaced with such materials as asphalt, gravel or cinders and shall be provided with a base capable of withstanding anticipated load limits.
(c) 
An all weather road negotiable by loaded collection vehicles shall be provided from the entrance gate of the compost plant to the unloading area, unless provisions are made for an alternate disposal site with all-weather roads to the unloading area to be used during periods of inclement weather.
(d) 
All-weather access roads to the unloading area shall meet the requirements set forth in this article.
(e) 
All solid waste shall be weighed on permanently installed or portable truck scales which are checked annually for accuracy or measured in a consistent manner approved by the Authority.
(f) 
Methods other than weighing for determining the quantity of solid waste delivered to the compost plant shall be reviewed by the Authority on the merits.
(g) 
The site shall not be located in areas subject to flooding by waters of the commonwealth once in every 100 years.
(h) 
The site shall be designed and operated in a manner which will prevent or minimize surface water percolation into the compost material.
(i) 
Diversion ditches constructed shall be fully dimensioned on the plans indicating length, gradient and cross sectional configuration. Side slopes of diversion ditches shall not be greater than two horizontal to one vertical; 50%.
(j) 
All utilities to be installed at a facility shall be shown in plan, section and profile, where applicable. The design shall initiate at the point of service connection, on-site or off-site and be shown complete to the point of usage.
(k) 
All fencing and barriers to be constructed at a facility shall be shown on the plans in full elevation, fully dimensioned and type of construction materials shall be identified and specified.
(l) 
The compost pad must be designed in accord with those standards set forth in this article, § 337-4C, Sanitary landfill liners, concerning permeability and stability.
(m) 
Leachate collection. All leachate and pad runoff must be collected and treated in accord with the requirements of this article. Documentation insuring the proper treatment and disposal of all leachate collected will be provided to the Authority by the applicant. Said documentation may include a contractual agreement with the operators of such a treatment facility off-site and a contractual arrangement for the transporting of leachate to said site.
(n) 
The distance between windrows must be wide enough to allow the proper operation of equipment during the deposit, removal and turning of the compost.
(4) 
Operating standards.
(a) 
Equipment provided for operation of the composting plant shall be adequate to continuously conduct the composting process.
(b) 
Standby equipment shall be available to the site.
(c) 
Unloading areas shall be specified and signed to permit collection vehicles to unload promptly.
(d) 
Burning of solid waste shall not be allowed.
(e) 
Provisions shall be made to prevent dust from hampering compost operations or from causing health or safety hazards and nuisances.
(f) 
To control dust problems, one or more of the following measures shall be implemented:
[1] 
Paving of access roads and roads leading to the unloading area.
[2] 
Application of moisture-absorbing chemicals such as calcium chloride to roadways.
[3] 
Application of oil to the roadways.
[4] 
Spraying water, as needed, on roadways.
(g) 
Portable fencing constructed of wire mesh, snow fencing or other suitable material shall be used to control blowing compost.
(h) 
To assure that proper construction of the compost plant is carried out according to operational plans and to provide for the most efficient utilization of the completed site, daily operational records shall be maintained.
(i) 
The storage and disposal of compost shall be prohibited in areas where continuous or intermittent contact occurs between solid waste and the groundwater table.
(j) 
Noncompostable solid waste which is not salvaged, reused or sold must be disposed of at a site permitted by the Authority.
(k) 
The floor surfaces of the composting facility shall be constructed of impervious material which is readily cleanable by flushing and shall be equipped with floor drains or sump pump connected to a sanitary sewer system or its equivalent to facilitate the removal of moisture.
(l) 
All solid waste shall be confined to the unloading area. No solid waste shall be scattered adjacent to the composting plant.
(m) 
All areas within the building shall be kept clean.
(n) 
Provisions shall be made for the routine operational maintenance of the compost plant and posted or available at the site.
(o) 
Repair or replacement of operational equipment shall be made efficiently and quickly.
(p) 
Macerators, hammer mills and grinders and other related equipment shall be cleanable by flushing and shall be equipped with floor drains which connect to a sanitary sewer system or equivalent.
(q) 
Access to the compost plant shall be limited to those times when an attendant is on duty and only to those authorized to use the facilities for disposal of refuse or for transaction of business relative to plant operations.
(5) 
Compost quality.
(a) 
Prior to disposal of the compost the Authority must be provided with a detailed chemical analysis.
(b) 
If the Authority determines that the compost has the potential for causing air, water or land pollution as a result of the leaching analysis, the applicant will be notified in writing that said compost must be disposed of at a permitted landfill site.
G. 
Solid waste incinerator facilities.
(1) 
Compliance. All incinerator facilities shall conform to the standards contained in this article (relating to general provisions for solid waste management) and to the specific standards for solid waste incinerator facilities contained in this section.
(2) 
Plan of operations. A written plan of operation delineating the procedures to be carried out for the daily operations, types of wastes to be accepted, the method to be used in disposing of residue, procedures for handling wastes in the event of emergencies or shutdowns, management of plant discharge waters and the procedures to be used for evaluating incinerator operations shall be submitted with the application for permit.
(3) 
Issuance of permit. Upon approval of the plan of operations, construction plans, specifications and supporting information, a permit shall be issued. A permit shall not be required for private facilities processing less than 100 pounds per hour average, on-site generated waste, provided such waste is nonhazardous.
(4) 
Approval of subsequent changes. Any change subsequent to the issuance of the permit shall be submitted to the Authority for review and approval.
(5) 
Minimum design criteria. As a minimum, the following information shall be provided and utilized as a basis for design for the facility:
(a) 
Solid waste characteristics. These shall be determined by estimate or sampling and analysis using procedures acceptable to the Authority and including the following:
[1] 
Types and volumes of solid waste to be incinerated.
[2] 
Data on moisture content.
[3] 
Data on volatile matter, fixed carbon and ash stated as a percent of total dry weight.
[4] 
Heating values expressed as Btu's per pound.
[5] 
Analysis of wastes which may create special environmental pollution problems.
[6] 
The applicant shall submit to the Authority a schematic diagram of the facility indicating the operational flow pattern, the mechanical components and a manufacturers' warranty indicating the capacities, capabilities and compatibility of the various parts specified for the facility.
[7] 
Other characteristics as may be required by the Authority including, but not limited to, calculations and shop drawings.
(6) 
Facilities and utilities required. Incinerator and related structures shall contain all facilities as required to comply with state and local codes and such utilities as may be necessary for proper incineration.
(7) 
Refuse storage facilities. Refuse storage facilities shall be provided to conform with the operation of the incinerator. They shall be designed to eliminate nuisances and to facilitate incinerator operations.
(8) 
Incinerator effluents.
(a) 
Solids, residue, fly ash and sifting shall be disposed of as approved by the Authority.
(b) 
Liquid. The effluent from an incinerator shall be treated as an industrial waste and subsequently handled as approved by the Authority.
(c) 
Gases and particulates. Gaseous and particulate emissions from an incinerator shall conform to the prevailing state and local air pollution control codes and regulations.
(9) 
Bulky waste. Provisions shall be made for temporary storage of bulky and nonincinerable materials and removal once each operating day to a disposal site.
(10) 
Hazardous waste. Hazardous wastes may be incinerated only with Authority approval.
(11) 
Performance evaluation.
(a) 
An acceptable performance evaluation in which the installation displays conformity to design specifications shall be made and submitted to the Authority within one year of the date of contract completion by the applicant.
(b) 
A suitable performance period not to exceed 180 calendar days shall precede the performance evaluation.
(12) 
Availability of operation guides.
(a) 
A minimum of one set of engineering drawings (as built and updated) shall be available on premises for reference by operation and maintenance personnel.
(b) 
Equipment operation and maintenance manuals shall be available for reference by employees.
(c) 
Both of the above shall be available to Authority personnel upon request.
(13) 
Maintenance of building and grounds. Housekeeping routines and grounds maintenance shall be performed regularly to assure that dust and dirt do not accumulate and that grounds are maintained free of litter or debris.
(14) 
Maintenance of floors. Floors shall be drained and free of standing water and/or debris.
H. 
Construction and demolition waste disposal.
(1) 
Compliance. Land disposal operations for the disposal of waste building materials and rubble resulting from construction, remodeling, repair and demolition projects shall conform to the requirements of this article and standards contained in this section.
(2) 
Classification of wastes. For the purpose of determining requirements for permit, site suitability and operational compliance, demolition and construction wastes shall be classified as follows:
Class I
Waste materials limited to soil, rock, stone, gravel, brick block and concrete.
Class II
Waste materials resulting from land clearing, grubbing and excavations which may include trees, brush, stumps, vegetative material and Class I wastes.
Class III
Waste materials resulting from the construction or demolition of buildings and other structures which may include, but are not limited to, wood, plaster, metals, asphaltic substances, Class I and Class II wastes.
(a) 
A permit pursuant to the provisions of this article shall be required for all construction and demolition waste disposal operations.
(b) 
The burning of construction and demolition waste materials will be permitted only when approved by the Authority.
(c) 
All maps submitted to the Authority in support of an application shall conform to the requirements of this section.
(d) 
The application for permit shall be on a form prepared and provided by the Authority.
(e) 
Access to demolition sites shall be controlled and limited by the operator.
(3) 
Design standards.
(a) 
Class I wastes. The application for permit shall include the application form and a narrative description of the operation including, but not limited to, the origin of the wastes, estimated volumes, erosion and sedimentation control, and disposal site restoration procedures and approval, in writing, of the landowner.
(b) 
Class II wastes. The application for permit shall be on forms prepared by the Authority, and shall include soils, geology and hydrology information and maps as required. A descriptive operational plan shall be required.
[1] 
Soil shall be deemed suitable if the USDA classification indicates the soil is moderately deep and moderately well drained.
[2] 
A minimum soil depth of 20 inches to bedrock and/or to mottling in the profile is required.
[3] 
Groundwater conditions shall be deemed suitable if the high water table elevation is a minimum of 40 inches below the surface of the site.
[4] 
Wetlands and swamps may be used for disposal, provided, clean earthen fill material is deposited to a height of six feet above the high water elevation, prior to the deposition of any waste materials and appropriate wetlands permits obtained.
[5] 
Leachate collection and treatment facilities may be required to protect groundwater.
[6] 
Disposal site locations in areas subject to flooding by waters of the commonwealth once in every 100 years shall be prohibited. A surface water and/or groundwater monitoring system may be required.
[7] 
Site bedrock conditions will be deemed suitable with the exception of sinkholes, unstable rock materials and subsidence areas.
(c) 
Class III wastes. The application for permit shall be on forms prepared by the Authority, and shall include soils, geology and hydrology information, and maps as required. A descriptive operational plan shall be required.
[1] 
Soil shall be deemed suitable if the USDA classification indicates the soil is moderately deep and well drained.
[2] 
A minimum soil depth of 40 inches to bedrock and/or to mottling in the profile is required.
[3] 
Groundwater conditions shall be deemed suitable if the high water table elevation is a minimum of 40 inches below the surface of the site.
[4] 
Wetlands and swamps may be used for disposal, provided, clean earthen fill material is deposited to a height of six feet above the high water elevation, prior to the deposition of any waste materials and appropriate wetlands permits are obtained.
[5] 
Leachate collection and treatment facilities may be required to protect groundwater.
[6] 
Disposal site locations in areas subject to flooding by waters of the commonwealth once in every 100 years shall be prohibited. A surface water and/or groundwater monitoring system may be required.
[7] 
Site bedrock conditions will be deemed suitable with the exception of sinkholes, unstable rock materials and subsidence areas.
(4) 
Operational standards.
(a) 
Class I waste disposal operations.
[1] 
Dust shall be minimized and controlled at all times.
[2] 
Surface water runoff shall be controlled to prevent erosion of fill.
[3] 
When waste deposits have achieved final elevations or the disposal operation is interrupted for 15 days or more, the waste fill deposits shall be graded so as to prevent ponding of water and accelerated surface runoff.
[4] 
When the disposal operation is completed or the operation is to be suspended for six months or more, the waste fill deposits shall be graded and seeded with rapid growing vegetation.
(b) 
Class II and III waste disposal operations.
[1] 
Compliance shall be in accordance with all requirements provided for in this section for this class and Class I.
[2] 
Disposal operations shall be limited to two layers of compacted wastes, eight feet in depth; except that, when the operation is located in a strip mine pit, quarry or natural depression, successive layers of compacted wastes, eight feet in depth, may be deposited to an elevation approximately the original contours or those contours most compatible with adjacent elevations.
[3] 
Waste materials shall be compacted in shallow layers during placement of eight-foot layers.
[4] 
Fire breaks shall be provided when the eight-foot layer has progressed 50 feet or at the end of the working week, whichever occurs first.
[a] 
Fire breaks shall be provided as soil cover material on top of the deposited wastes, on the working face and on the side slopes.
[b] 
Fire breaks shall be a minimum of two feet if the soil meets the criteria of this section for intermediate cover.
[c] 
If the soil characteristics do not meet the criteria for intermediate cover, greater depths of cover material may be required.
(c) 
In strip mine pits, all coal seams and coal outcrops shall be isolated and protected from waste materials by a minimum of 25 feet of natural or compacted soils.
[1] 
This requirement and the requirements pertaining to fire breaks may be waived if the waste materials are totally noncombustible.
I. 
Fly ash, bottom ash or slag disposal areas.
(1) 
Compliance. Fly ash, bottom ash or slag disposal operations shall conform to the applicable standards of processing and disposal area permits and permit application and issuance and plans for solid waste facilities and to the specific standards for fly ash disposal contained in this section.
(2) 
Application requirements. Application for a permit shall include the following information and data in a format approved by the Authority:
(a) 
Physical and agricultural descriptions of soils.
(b) 
Detailed hydrogeologic descriptions of site characteristics.
(c) 
Physical analysis and description of geologic foundation materials.
(d) 
Detailed chemical analysis of fly ash, bottom ash or slag and leachate to determine all the constituents thereof.
(e) 
Topographic and surficial description of the site.
(f) 
Climatological data from the nearest station of record.
(3) 
Stability. The geology foundation materials shall have a minimum bearing capacity 1 1/2 times greater than the total applied load in pounds per square foot.
(a) 
Special design factors and implementation of such shall be required for any of the following geological characteristics:
[1] 
The presence of clay horizons or unstable units in the strata.
[2] 
The presence of saturated zones and strata subject to artisan pressures.
[3] 
The presence of areas beneath or adjacent to the site which are subject to subsidence.
(4) 
Slope grades. Stability of the fly ash, bottom ash or slag shall be assured by limiting slope grades to 15% or by providing a special plan for slope stabilization if slope grades exceed 15%.
(a) 
In no case shall slope grades exceed 33%. A buffer zone 50 feet in width shall be maintained between the toe of the slopes and the property line upon which fly ash, bottom ash or slag shall not be deposited.
(b) 
Terraces may be used to stabilize slopes.
[1] 
The overall slope grade of the fill from the toe to the top of the slope shall not exceed 33%.
[2] 
Vertical slopes of terrace benches shall not exceed 27°, 50% and 30 feet in length.
[3] 
The top of the benches shall be graded to slope toward the mass of the fill at more than 1% but less than 3%. The benches shall be a minimum of 10 feet in width.
[4] 
Surface runoff from the terraces shall be controlled to prevent erosion of the fill and infiltration and treated, if necessary prior to discharge of the runoff.
(5) 
Surface water management. Surface water runoff from the disposal area and adjacent areas shall be managed so as to assure compliance with the Clean Streams Law and the regulations pursuant thereto.
(a) 
Runoff from adjacent areas shall be diverted away from the fly ash, bottom ash or slag pile.
(b) 
Runoff shall not be allowed to discharge freely onto the slopes of the fill.
(c) 
All runoff collection end diversion ditches and devices shall be constructed so as to prevent erosion of the ditches, devices and outfall or discharge points.
(d) 
A contingency plan for the treatment of runoff from the fill, if necessary, shall be provided.
(e) 
Detailed cross section drawings of collection and diversion ditches shall be provided to the Authority.
(f) 
Surface water monitoring points shall be proposed for Authority approval.
(6) 
Groundwater management. Groundwater shall be protected from contaminants of the fly ash, bottom ash or slag and leachate or any of the constituents of either:
(a) 
Soil seeps, springs and other waters on the surface of the site shall be collected and removed from underneath the fill.
(b) 
De-watering of saturated subsurface zones may be required.
(c) 
Groundwater quality monitoring points shall be proposed for Authority approval.
(7) 
Wastewater management. Wastewater shall be collected and treated, if necessary, in accordance with the provisions of the Clean Streams Law and the regulations pursuant thereto.
(8) 
Erosion management. An erosion and sedimentation control plan approved by the County Conservation District shall be provided for review and approval by the Authority.
(9) 
Encroachment or obstruction management. The encroachment or obstruction of any stream or body of water shall require a permit to do so from the Pennsylvania Department of Environmental Protection.
(10) 
Restoration management. A plan for restoration of the disposal area shall be provided to the Authority for approval. The plan shall include a layer of suitable cover soil 24 inches in depth unless it is demonstrated to the Authority that adequate permanent vegetation can be established with less than 24 inches of cover soil.
(11) 
Operating requirements. Fly ash, bottom ash or slag disposal areas shall be operated in a safe and environmentally sound manner including the following:
(a) 
Access to the area shall be controlled to prohibit the entry of unauthorized persons.
(b) 
Fly ash or bottom ash shall be deposited and spread in layers, not exceeding a thickness of two feet and compacted uniformly.
(c) 
Slag shall be spread uniformly so as to insure the stability of the pile.
(d) 
Surface water runoff and wastewater drainage shall be managed so as to prevent erosion of the area and pollution of the waters of the commonwealth.
(e) 
Field changes of design plans, including fill configuration, must be approved by the Authority prior to implementation of the change.
(f) 
Analyses reports of water samples taken from monitoring points shall be submitted as specified in the permit conditions.
(g) 
FGD (flue gas de-sulphurization) scrubber sludges may be incorporated with the fly ash if approved by the Authority.
(h) 
Completed portions of the fill shall be revegetated as soon as weather conditions permit the seeding of rapid-growing vegetation.
(i) 
The site shall be maintained for as long as necessary after completion of the operation to prevent health or pollution hazards or nuisances from occurring. Maintenance shall include, but not be limited to, repair of cracks, fissures, slumps and slides, repair of erosion areas, treatment of wastewater and runoff, and reseeding and soil treatment until adequate, permanent vegetation is established.
J. 
Industrial and hazardous waste disposal sites.
(1) 
Compliance. Industrial and hazardous waste disposal sites shall conform to all applicable requirements set forth in this article, and all state or federal regulations and to the specific standards contained in this section.
(2) 
Application requirements. Application for a permit shall include the following information and data in a format approved by the Authority:
(a) 
Volume of waste to be disposed.
(b) 
Nature of the waste by source and type of material. Industrial wastes that do not adversely affect the environment as determined by the Authority based on the waste characteristics and/or a chemical or leaching analysis provided by the applicant, shall comply with § 408, Class II demolition wastes disposal requirements.
(c) 
Site location on USGS Topographic Map in relation to private and public water supplies, wells, springs, swamps or other bodies of water, sinkholes, underground and/or surface mines, mine pool discharge points, mining spoil piles or mine dumps, quarries, sand and gravel pits, gas and oil wells, occupied dwellings, roads, power lines, pipelines and public buildings within 1/4 mile of the proposed site property line.
(d) 
An enlarged topographic map with a scale of one inch equals 200 feet with ten-foot contours which shows the items listed in Subsection J(2)(c), above, on the site.
(e) 
A chemical analysis of the waste to be disposed of must be provided. The procedures for performing the chemical analysis are to be based on standard methods for analysis for water and wastewater or a method recognized by the Authority and DEP or EPA as being acceptable.
(f) 
Leaching analysis of the waste must be provided and reported in standard chemical units. The method of leaching analysis shall be a method approved by the Authority. The applicant shall submit the methodology utilized to conduct the analysis to the Authority.
(g) 
A soils, geologic and groundwater report of the characteristics of the site shall be included as required by the Authority. This report shall be based on a soils, geology and hydrology investigation and on a published standard soils survey or equivalent data and shall encompass, but not be limited to, the criteria below:
[1] 
A sufficient number of excavations and borings or wells shall be provided to determine the valid and conclusive soil, geology and groundwater conditions. Exploratory borings or wells shall be provided. These borings or wells shall be drilled 10 feet into the groundwater or bedrock; or in the absence of groundwater or bedrock, a distance equal to the planned depth of refuse to be deposited. A minimum of three borings or wells shall be drilled 10 feet into the groundwater to delineate groundwater flow system(s).
[2] 
Groundwater monitoring systems required:
[a] 
A minimum of one groundwater quality monitoring point shall be established in each dominant direction of groundwater movement and a minimum of one monitoring point upgradient of the site.
[b] 
Location of monitoring wells shall be approved by the Authority in advance of drilling.
[c] 
Monitoring points shall not be located in excess of 500 feet of the permitted area.
[d] 
Monitoring points shall be accessible to the applicant and Authority personnel.
[e] 
Chemical analysis and hydrologic data shall be submitted monthly to the Authority in a format provided the applicant by the Authority.
[f] 
Each monitoring point shall be purged prior to obtaining the annual sample analysis.
[g] 
Additional wells and surfaces and groundwater surveillance measures may be required by the Authority.
[3] 
Detailed soil descriptions shall be submitted from excavations for materials proposed for use as renovation soil or cover material.
(3) 
Design requirements.
(a) 
The design plans shall include details relative to:
[1] 
Elevation and grade of final cover.
[2] 
Management of surface water.
[3] 
Erosion control.
[4] 
Revegetation procedures to be used.
[5] 
Schedule of filling.
[6] 
Site preparations.
[7] 
Monitoring devices.
[8] 
Location and limits of areas previously filled.
[9] 
Cross sections indicating the interface details between areas previously filled and areas to be filled, where applicable.
[10] 
Limits of construction defined by grid controls.
[11] 
Borrow areas on site defined by grid controls.
[12] 
Location, description and purpose of all easements existing on site and a definition of all title, deed or usage restrictions relative to the site.
[13] 
Location of gas or oil wells on site.
[14] 
Location of public and private water supplies on-site and existing drainage patterns of all surface water.
[15] 
Location of underground and surface mines on-site.
[16] 
Cross sections shown on the plans shall be referenced to the grid system for horizontal location, whenever applicable.
[17] 
Grades required for proper drainage of lifts.
[18] 
The design plans shall include a cross section of the access roads and all-weather roads identifying construction materials, slopes, grades and distances.
[19] 
Cross sections grades and/or profiles of diversion ditches, capacities and calculations for ditch volume.
[20] 
Grades indicating the depth of soil available at the site for cover material.
[21] 
A construction schedule shall be submitted by the applicant to the Authority in a format established by the Authority.
(b) 
Design criteria.
[1] 
Provisions shall be made to manage surface water at the sanitary landfill site. Calculations indicating water quantities shall be submitted to the Authority based on the maximum one-hour rainfall in inches, to be expected once in 10 years.
[2] 
The grading of the final surface of the fill area shall provide a slope of not less than 10%, but not exceeding 15%, except as approved by the Authority.
[3] 
Where final grades are approved exceeding 15%, but in no case exceeding 33%, a horizontal terrace 10 feet minimum in width shall be constructed on the slope for every 20 feet maximum rise in vertical elevation of the slope. The gradient of the terrace shall be 1%.
[4] 
Access roads to the entrance of the landfill shall be paved or surfaced with such materials as asphalt, gravel or cinders and shall be provided with a base capable of withstanding anticipated load limits.
[5] 
An all-weather road negotiable by loaded collection vehicles shall be provided from the entrance gate of the landfill to the unloading area, treatment facility or lagoon located on-site, unless provisions are made for an alternate disposal area on-site with all-weather roads to the unloading area to be used during periods of inclement weather.
[6] 
All-weather roads to the unloading area shall meet the requirements set forth in the section relating to access roads.
[7] 
Methods other than weighing for determining the quantity of solid waste delivered to sanitary landfills or landfills used by industrial, commercial, municipal and agricultural establishments shall be reviewed by the Authority on their merits.
[8] 
Final cover shall be soils that fall within the United States Department of Agriculture (USDA) Textural classes of sandy loam, loam, sandy clay loam, silty clay loam and silt loam. All other cover materials must be approved by the Authority. The coarse fragment content (fragments not passing the No. 10 mesh sieve, 2 mm) shall not exceed 40% by volume.
[9] 
Renovating soil suitable for natural renovation of leachates shall be soils that fall within the USDA textural classes of sandy loam, loam, sandy clay loam, silty clay loam and silt loam. All other renovating materials must be approved by the Authority. The coarse fragment content (fragments not passing a No. 10 mesh sieve, 2 mm) shall not exceed 40% by volume. The combustible and/or coal content shall not exceed 12% by volume.
[10] 
Soils to be used as daily and intermediate cover material shall be soils that fall within the USDA textural classes of sandy loam, loam, sandy clay loam, silty clay loam, loamy sand and silt loam. All other cover materials must be approved by the Authority. The coarse fragment content (fragments not passing the No. 10 mesh sieve, 2 mm) shall not exceed 75% by volume and the combustible and or coal content shall not exceed 12% by volume.
[11] 
Boulders and stones as classified by the USDA shall be separated out or excluded from soils to be used for any type of cover material or renovating soils.
[12] 
In order to maintain the 1:1 ratio of renovating soil to refuse in sites without liners or collection systems and with ground surfaces with slopes less than 175 and/or sidewalks with slopes equal to or greater than 110 as measured from the horizontal bottom of the fill area, the following criteria must be applied:
[a] 
The total depth of renovating soil at any point on the site will be measured on a vertical plane passing through that point from the upper surface of the renovating soil.
[b] 
For example, in a landfill that is to be constructed in a ravine with a V-shaped cross section, the depth of renovating soil measured in a vertical plane at any point on the site must be equal to or greater than the refuse immediately above it.
[13] 
Coal seams and coal outcrops shall be isolated from refuse deposits by earthen barriers. The earthen barriers shall be a minimum thickness of 25 feet of natural or compacted soils. All mine openings shall be sealed in accordance with the mining laws of the Commonwealth of Pennsylvania.
[14] 
The site shall not have a flooding hazard of greater frequency than once in 100 years and direct fill into water shall be prohibited.
[15] 
The site shall be designed and operated in a manner which will prevent or minimize surface water percolation into the solid waste material deposits.
[16] 
Sites not meeting the criteria listed herein for natural renovation for the prevention of groundwater pollution may be utilized if leachate collection and treatment facilities are approved by the Authority.
[17] 
Individual cells of refuse shall be placed in layers not exceeding eight feet in depth as measured from the working plane.
[18] 
The final cover layer shall be completed within two weeks after placement of solid waste in the final lift. Completion shall include permanent stabilization of all slopes.
[19] 
Diversion ditches constructed shall be fully dimensioned on the plans indicating length, gradient and cross-sectional configuration. Side slopes of diversion ditches shall not be greater than two horizontal to one vertical, 50%.
[20] 
Gas venting systems and gas monitoring systems shall be installed at all sites. Gas venting may be accomplished by construction of either lateral and/or vertical venting. Pipe vents located within 100 feet of any building, mechanical structure or roadway shall be constructed so as to discharge above the roof line of said building or mechanical structure and a minimum of 12 feet above the roadway surface.
[21] 
All utilities to be installed at a facility shall be shown in plan, section and profile, where applicable. The design shall initiate at the point of service connection, on-site or off-site and be shown complete to the point of usage.
[22] 
All fencing and barriers to be constructed at a facility shall be shown on the plans in full elevation, fully dimensioned and type of construction materials shall be identified and specified.
[23] 
No disposal by deep well injection will be permitted within the confines of Coolbaugh Township.
(c) 
Compaction of solid waste shall be provided for in the design if determined applicable by the Authority.
(d) 
Application of daily cover shall be provided for in the design if determined applicable by the Authority.
(e) 
All disposal sites shall have a double liner as per § 337-4C.
(f) 
All disposal sites shall also have a leachate collection and treatment system which must continue in operation for at least 25 years after closing of the site.
(g) 
Gas venting systems and gas monitoring systems shall be installed as required by the Authority. Gas venting may be accomplished by construction of either lateral or vertical venting. Pipe vents located within 100 feet of any building, mechanical structure or roadway shall be constructed so as to discharge above the roof line of said building or mechanical structure and a minimum of 12 feet above the roadway surface.
(h) 
All disposal sites required to use leachate collection and treatment shall comply with § 337-4C of this article or as otherwise requested by the Authority.
(i) 
Operating requirements.
[1] 
Equipment shall be in operable condition, adequate in size and performance capability to continuously conduct the disposal operation.
[2] 
All solid waste shall be deposited in a manner which will promote a stabilized disposal area.
[3] 
Standby equipment shall be on-site or readily available for major equipment breakdown.
[4] 
Unloading and disposal areas shall be specified.
[5] 
Burning of solid waste is prohibited unless otherwise approved by the Authority.
[6] 
Provisions shall be made to prevent dust from hampering the operation or from causing health or safety hazards and nuisances.
[7] 
All putrescible wastes or wastes that must be protected from excessive water infiltration must be covered with a uniform six inches of compacted cover material at the end of each working day. Daily cover material shall have the characteristics as specified in this article.
[8] 
Completed portions of the disposal area shall be covered with two feet of suitable soil and graded as specified in this article (relating to drainage of surface water) within two weeks of completion.
[9] 
Seed bed preparation and planting operations to promote stabilization of the final soil cover shall be done as soon as weather permits and seasonal conditions are suitable for the establishment of the type of vegetation to be used. Reseeding and maintenance of cover material shall be mandatory until adequate vegetative cover is established to prevent erosion.
[10] 
To assure that proper construction of the disposal site is carried out according to operational plans and to provide for the most efficient utilization of the completed site, daily operational records shall be maintained.
[11] 
The disposal of solid waste shall be prohibited in areas where continuous or intermittent contact occurs between solid waste and the groundwater table.
[12] 
An accurate account of all materials deposited at the site shall be constantly maintained and will be preserved for 100 years after closing.
K. 
Hazardous solid waste management.
(1) 
Compliance. Whenever hazardous waste is produced and alternate reclamation or reuse is not possible, the collection, transportation, processing and disposal shall be accomplished in accordance with the provisions of this section.
(2) 
Transfer of waste.
(a) 
No transfer, consignment or delivery of a hazardous waste shall be made without the disclosure of its hazardous nature.
(b) 
No transfer, consignment, or delivery of a hazardous waste shall be made without the assurance that subsequent handling and disposal shall be accomplished in a satisfactory manner and in accordance with the laws and regulation of this Authority and of the Commonwealth of Pennsylvania.
(3) 
Storage of hazardous waste.
(a) 
Hazardous material such as infectious or pathogenetic hospital wastes, water treatment residues, biological wastes, radioactive wastes, pesticides, chemicals, industrial solvents and solutions and explosive material require special consideration while being stored prior to final disposal. All such waste shall be handled in a manner approved by the Authority.
(b) 
Hazardous material such as waste chemicals and empty chemical or pesticide containers shall be handled, stored and disposed of in a manner approved by the Authority.
(c) 
All radioactive wastes shall be handled, stored and disposed of in a manner approved by the Authority.
(d) 
No storage of hazardous waste materials preparatory to further processing or disposal shall be in such locations or quantities or under such conditions as may be deemed unsafe by the Authority.
(4) 
Permitted sites. These sites must comply with the applicable provisions of this article. No receiver of hazardous solid waste shall use any other than sites or methods permitted pursuant to Act 241[1] for hazardous waste processing and disposal.
[1]
Editor's Note: See now Act 97, 35 P.S. § 6018.101 et seq.
(5) 
Processing of hazardous waste. The processing of hazardous solid waste to render it nonhazardous shall be done in a manner or way which in itself does not create additional hazards or environmental pollution.
(a) 
Pesticides. As defined within the Pennsylvania Pesticide Control Act,[2] shall be disposed of in a manner approved by the Pennsylvania Department of Environmental Protection, not including those pesticide wastes disposed of as part of a normal farming operation and following the standards of practice published by the Pennsylvania Department of Agriculture, Title 7, Part V, Chapter 129, Pesticide Control Provisions.
[2]
Editor's Note: See 3 P.S. § 111.21 et seq.
(6) 
Authority to maintain list.
(a) 
The Authority shall maintain a multiple list of hazardous materials as determined by experience, investigation and literature.
(b) 
The lists shall be so divided as to provide an element of delineation by common characteristics, physical and chemical.
(c) 
Any material or substance proven to be hazardous by actual contamination or injury shall be placed on the list.
(7) 
Effect of listing or nonlisting.
(a) 
The naming or omission of any material or substance should not be construed to be the ultimate determination of classification.
(b) 
No substance shall be considered a nonhazardous agent solely based on its absence from the Authority's list.
(8) 
Listing by toxicity.
(a) 
Each item or class of item shall be listed by common name, chemical name, trade name or otherwise identified.
(b) 
The lower limits of toxicity shall be indicated in the listing.
(c) 
Recommended handling and disposal methods shall be added to the listing to assist in upgrading management practices.
(9) 
Listing by flammability and explosiveness.
(a) 
Each item or class of item shall be listed by common name, chemical name, trade name or otherwise identified.
(b) 
The conditions or limits of flammability or explosiveness shall be indicated in the listing. The listing shall include a lower limit of the quantity considered hazardous even though respectfully handled.
(c) 
The recommended handling and disposal methods shall be added to the listing when known.
(10) 
Listing by pathogenicity.
(a) 
Each item or class of item shall be listed by common name, chemical name, trade name or otherwise identified.
(b) 
Quality limitations which contribute to the hazardous quality of the waste shall be provided.
(c) 
Desirable disposal methods shall be included in the listing.
(11) 
Listing by radioactivity.
(a) 
Wastes shall be described by specific common name and chemical name.
(b) 
The hazardous materials listing shall not be considered all inclusive and shall be updated and expanded as new information becomes available.
(c) 
References concerning the hazardous nature of materials placed on the listing shall be maintained.
(d) 
Federal and State standards for handling and disposal shall be followed.
L. 
Experimental facilities.
(1) 
Experimental permit. The Authority may issue an experimental permit to an applicant demonstrating a new and unique concept in the management, processing and disposal of solid waste.
(a) 
The request for such a permit shall include the following information:
[1] 
Economic analysis.
[2] 
Technical analysis, evaluation and state-of-the-art relative to the project.
[3] 
Total scheduling from initiation to completion.
[4] 
Anticipated gain to the art of solid waste management.
[5] 
Potential applicability to the Township of Coolbaugh as a whole.
(b) 
The request for such a permit shall meet the following criteria:
[1] 
The proposal must be environmentally sound.
[2] 
The applicant must exhibit the resources to assume all liability.
[3] 
The design must include provisions for protecting the environment and corrective action utilizing conventional processes in the event of environmental degradation.
[4] 
The project must indicate required size and scope and the permit will be qualified accordingly.
[5] 
All water to be utilized in a facility must be described by volume, characteristics and ultimate disposition.
[Amended 2-16-1999 by Ord. No. 97]
A. 
Processing and disposal area permits.
(1) 
Permits required. A permit shall be required of any person, municipality, state agency or authority proposing to use or continue to use their land or any other land as a solid waste processing or disposal area.
(2) 
Exceptions. Permit requirements shall not apply to farmers for normal farming operations, nor shall permit requirements apply to the storage of by-products which are utilized in the processing or manufacturing of other products unless such storage causes environmental degradation.
(3) 
Standards. Planning, design and operation of any solid waste processing or disposal facility or area including, but not limited to, resources recovery systems, sanitary landfills, incinerators, compost plants, transfer stations and solid waste salvage operations, shall be in accordance with the standards of the Authority and of this article.
(4) 
Revisions of standards. The Authority, upon its own recommendation or the recommendation of the Pennsylvania Department of Environmental Protection, shall adopt and revise and conduct periodic reviews of such standards as it deems necessary to prevent nuisances and pollution of the air, land or waters of the commonwealth. Such standards and revisions shall include, but not be limited to, procedures to insure suitability of the site and the proper operation for the transfer station, sanitary landfill, incinerator, compost plant, solid waste salvage operation or other solid waste processing or disposal operation.
(5) 
Compliance. No person shall operate a solid waste processing or disposal facility area or system which is not in compliance with the provisions of this article.
(6) 
Prevention. All areas or solid waste management systems, including all processing and disposal facilities, shall be operated in such a manner as to prevent health hazards and environmental degradation.
(7) 
Access roads. Access roads suitable for use in all types of weather by loaded collection vehicles shall be provided to the entrance of the site or facility.
(a) 
The minimum cartway width for two-way traffic shall be 22 feet or a single cartway of 12 feet with pull-off intervals at no greater than one-hundred-yard intervals or such distance where clear sight is available.
(b) 
For one-way traffic, separate roads with a minimum cartway of 12 feet shall be available.
(c) 
The maximum sustained grade shall not exceed 12%.
(8) 
Weighing and measuring facilities. Provision shall be made for weighing or measuring all solid waste delivered to the site with accuracy independently confirmed biannually, with test results forwarded to the Authority.
(9) 
Communications. Telephone or radio communications shall be located at the site or readily available to the site.
(10) 
Fire protection.
(a) 
Necessary measures shall be taken to prevent and extinguish fires, such measure shall be at least equivalent to any local municipal fire control ordinance or regulation.
(b) 
Adequate equipment for minimizing fire hazards shall be available at the site.
(c) 
All equipment and buildings shall be equipped with functional fire extinguishers.
(11) 
Limited access.
(a) 
Access to the site shall be limited to those times when an attendant is on duty.
(b) 
Hours of operation and other limitations shall be prominently displayed on a sign at the entrance. The sign shall be a minimum size of three feet by four feet.
(c) 
A gate or barrier and fencing as approved by the Authority shall be erected to block access to the site during times when an attendant is not on duty.
(d) 
Access by unauthorized vehicles or persons shall be prevented.
(12) 
Unloading. Unloading of solid wastes shall be controlled and restricted to the working face in accordance with the approved plan.
(13) 
Salvage.
(a) 
Salvaging or reclamation of materials shall be permitted only when properly controlled to prevent interference with prompt sanitary disposal or processing of solid waste, and in such manner that no health hazard or nuisance shall be created. All salvaged materials shall be removed from the site daily or stored on-site in accordance with the provisions of this article. Such salvage operations shall be conducted solely by the operator.
(b) 
Scavenging shall be prohibited.
(14) 
Vector control. Vector control procedures shall be carried out when necessary to prevent health hazards or nuisances. The applicant shall submit a control program for the approval of the Authority including, when applicable, the contractual arrangement for services with an exterminator.
(15) 
Accident prevention and safety. First and facilities shall be available and job safety shall be practiced.
(16) 
Operational records and plan execution.
(a) 
Daily operational records shall be maintained in a format approved by the Authority.
(b) 
A daily written log which lists the types and quantities of solid waste received shall be maintained by the site operator.
(c) 
Operational plans and specifications and the daily log entries shall be made available to authorized Authority employees during inspections of the operation to determine compliance with pertinent rules, regulation and standards.
(d) 
A monthly report shall be submitted to the Authority summarizing the types and quantities of solid waste received during the preceding thirty-day period.
(17) 
Setback line. A twenty-five-foot zone shall be established upon which no solid waste shall be deposited adjacent to perimeter property lines unless otherwise approved by the Authority.
(18) 
Asphalt material. Whenever asphaltic materials are utilized in the construction of any solid waste processing or disposal facility, those asphaltic designations shall be referenced to Pennsylvania Department of Transportation Form 408 and Bulletin Number 25, as in effect at the time of construction, such references to be submitted by appropriate page number(s).
B. 
Permit application and issuance.
(1) 
Application. Application for a permit to operate a solid waste processing or disposal facility or area shall be made to the Authority. The application shall be made in two stages, said stages titled "Phase I" and "Phase II."
(a) 
Each phase shall be submitted with the necessary data and information required by the Authority. The data and information shall be that data and information categorized on the form which shall be provided by the Authority to the applicant.
(b) 
The applicant shall provide as a part of his application a bond sufficient to assure the financial responsibility of the operator including, but not limited to, the cost of the following:
[1] 
Cost of restoring the area in accordance with an approved closure plan.
[2] 
Cost of operating the landfill or disposal site for a period of one year. (In no case shall the Township require a bond in excess of $3,000 per acre for restoration of the site.)
[3] 
Cost of maintaining the storage and collection facilities for a period of 10 years after closure of the site.
[4] 
Cost of the continual maintenance and operation of all leachate storage and collection facilities for a period of 10 years after closure of the site.
(c) 
The bond may consist of surety or collateral bonds or a cash deposit in escrow.
(d) 
The bond must be submitted to, reviewed and approved by the Authority and their solicitor prior to commencing of operations of the proposed facilities.
(e) 
The bond must be resubmitted to, reviewed and reapproved annually with any additional bonding deemed necessary by the Authority.
(2) 
Design. All solid waste processing or disposal facilities and operations shall be designed by a registered professional engineer licensed as required by the Professional Engineers Registration Law, Act 367, P.L. 913, in accordance with the requirements of the Authority and DEP. The design plans shall bear the seal of the registered professional engineer on each document.
(3) 
Incomplete applications. When the Authority has found an application incomplete, the applicant shall be notified of the deficiencies in writing and the application shall be returned. The applicant must supply the requested information within 90 days or such longer period as the Authority may specify or agree to. Failure to supply such information shall constitute sufficient cause for denial of the application.
(4) 
Issuance of permits. When the Authority has determined that the application is completed and the proposed design meets the requirements of the pertinent ordinances and regulations, a permit shall be issued.
(5) 
Denial, suspension or revocation of permits.
(a) 
Reasons for the denial of any permit shall be in writing to the applicant.
(b) 
Permits may be suspended or revoked by the Authority in accordance with the provisions of the article.
(c) 
In case any permit is denied, suspended or revoked, aggrieved parties may appeal to the Coolbaugh Township Board of Supervisors.
(6) 
Reissuance of permits.
(a) 
Permits are not transferable or assignable.
(b) 
Change of ownership. When a change of ownership occurs, the new owner must submit the following:
[1] 
An application for a revised permit on a form to be provided by the Authority.
[2] 
A notarized statement attesting to the following items:
[a] 
Verification of possession of all approved plans, maps, documents, schedules and commitments approved by the Authority.
[b] 
Statement of agreement and intent to comply with all the requirements, plans, stipulations and commitments approved by the Authority.
[3] 
A clear and cogent narrative indicating the scheduling and procedure to be utilized in the transfer of ownership and subsequent operational intent.
C. 
Plans for solid waste facilities.
(1) 
General requirements; Phase I.
(a) 
The applicant shall describe the general operational concept of disposal or processing which will be submitted with the application. This concept shall include a narrative explaining the daily operational methodology of the proposed facility, the nature of the waste by source and type of material, the expected life of the facility, the proposed ultimate disposition of the site and the anticipated environmental effects of the facility on the physical characteristics of the site and the adjacent properties.
(b) 
Adequate maps shall be submitted in the number prescribed by the Authority and shall be drawn to the scale of one inch equals 200 feet or larger and shall contain ten-foot contour intervals. Maps shall be limited in physical size to no greater than 30 inches vertical height and 36 inches horizontal width.
(2) 
General requirements; Phase II.
(a) 
Upon notification by the Authority of approval of the Phase I portion of the application, the applicant may proceed with Phase II, the preparation and submission to the Authority of design plans and specifications. The design plans shall include, but not be limited to, the following data and information:
[1] 
Design plans submitted shall be limited in physical size to 30 inches in vertical height and 36 inches in horizontal width; all reproductions shall be clear and legible.
[2] 
Grid and/or coordinate system for the entire site. The horizontal control system shall consist of a grid not to exceed two-hundred-foot-square sections. The grid shall be controlled and tied to a permanent physical marker or object located on the site. The vertical control shall be tied to the nearest USDA bench mark and a permanent marker shall be established on-site.
[3] 
Such further information as may be required by the Authority to insure that the proposed solid waste processing or disposal facility or area complies with the provisions of this article.
[Amended 2-16-1999 by Ord. No. 97]
A. 
Public nuisances. Any violation of any provision of this article, of any regulation or order of the Authority, or any term or condition of any permit, shall constitute a public nuisance. Any person committing such a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by such violation.
B. 
Enforcement orders. The Authority may issue orders to such persons as it deems necessary to aid in the enforcement of the provisions of this article. Such orders may include, but not be limited to, orders modifying, suspending or revoking permits and orders requiring persons to cease unlawful activities or operations of a solid waste facility which in the course of its operation is in violation of any provision of this article, any regulation of the Authority or any terms and conditions of a permit issued under this article. An order issued under this article shall take effect upon notice, unless the order specified otherwise. The Authority shall have the power to order any person to immediately suspend or modify hazardous waste treatment or disposal activities when it determines that continued operation will jeopardize public health, safety or welfare. Said order shall be effective upon issuance and may require remedial actions to be taken in order to prevent harm to public health, safety or welfare.
C. 
Duty to Comply with Orders of the Authority. It shall be the duty of any person to proceed diligently to comply with any order issued by the sanitation officer or any other Agent of the Authority.
D. 
Restraining violations. In addition to any other remedies provided in this article, the Authority, through its agents, provided in this article, may institute a suit in equity in the name of the Authority where a violation of law or nuisance exists for an injunction to restrain a violation of this article or the regulations and standards adopted or orders issued thereunder and to restrain the maintenance or threat of a public nuisance. In addition to any other remedies provided for in this article, the sanitation officer or other agent of the Authority may bring an action in equity for an injunction to restrain any and all violations of this article, or the regulation promulgated hereunder, or to restrain any public nuisance or detriment to health.
E. 
Criminal penalties. Any person firm, or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100, nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
F. 
Cumulative remedies. Nothing in this article shall be construed as stopping the Authority from proceeding in courts of law or equity to abate pollution forbidden under this article or to abate nuisance under existing law. The remedies provided herein are intended to be exercised in conjunction with and in addition to all other remedies at law and in equity, including remedies available to the Township under its ordinances and under the Second Class Township Code and remedies, penalties and presumptions of law and facts available under the Pennsylvania Hazardous Waste Act (Act 97 of 1980).[1] The exercise of any remedy shall not prevent the Authority from exercising any other remedy, at law or in equity.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
G. 
Powers of authority. The Authority and its agents and employees shall:
(1) 
Be permitted access to books, papers, documents and physical evidence pertinent to enable it to determine compliance with this article, and the regulations promulgated hereunder.
(2) 
Have the power to require any person engaged in the storage, transportation, processing, treatment or disposal of any solid waste to establish and maintain such records and make such reports and furnish such information as the Authority may prescribe.
(3) 
Have the power to enter any building, property, premises or place where solid waste is generated, stored, processed, treated or disposed of for the purposes of making such inspection as may be necessary to ascertain the compliance or noncompliance by any person with the provisions of this article and the regulations promulgated hereunder.
(a) 
In connection with such inspection, samples may be taken of any solid, semisolid, liquid or contained gaseous material for analysis.
(b) 
The sanitation officer or other agent of the Authority may apply for a search warrant to any official authorized to issue a search warrant for the purpose of inspecting any property, building, premises, place, book, record or other physical evidence, of conducting tests or of taking samples of any solid waste.
H. 
Limitation on action. By the Authority conferred by the Pennsylvania Hazardous Waste Act (Act 97 of 1980),[2] any actions for civil or criminal penalties under this article may be commenced at any time within a period of 20 years from the date the offense has been discovered.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
I. 
Authority. Except as herein otherwise provided, this article shall be administered by the Coolbaugh Township Municipal Authority, which Authority shall have the power to promulgate regulations and procedures and to appoint a sanitation officer and any other such agents and/or employees necessary to carry out the intent, provisions and purposes of this article.
J. 
Conflicts. All ordinances or parts of ordinances and all resolutions or parts of resolutions which are inconsistent with this article shall be and the same are expressly repealed. The regulations and standards set forth herein shall be deemed to be minimum standards and shall prevail in any conflict with the regulations and standards of any other ordinance or resolution of the Township of Coolbaugh.
[Amended 2-16-1999 by Ord. No. 97]
Fees shall be established by resolution of the Board of Supervisors of Coolbaugh Township and may be changed as necessary by resolution of the said Board.