(a) A release of a regulated substance at a
solid waste facility which did not receive waste after September 7, 1980, shall
be remediated in accordance with this chapter and the act.
(b) Nothing in this chapter affects the
permitting, operation, design, performance or closure requirements under the
environmental protection acts or regulations thereunder. The remediation
standards as defined in Chapters 271 and 287 (relating to municipal waste
management-general provisions; and residual waste management-general
provisions), do not substitute for design and performance standards required
under the solid waste management regulations. See Articles VIII and IX
(relating to municipal waste; and residual waste management). In the case of
hazardous waste facilities, remediations shall comply with requirements
applicable under the Resource Conservation and Recovery
Act (42 U.S.C.A. §§
6901-
6986).
(c) An unpermitted release or spill of a
regulated substance at a permitted solid waste facility that is outside a
disposal or processing unit, including surface impoundments, waste storage
areas, associated piping and underlying containment systems, shall be
remediated in accordance with this chapter and the act.
Notes
The
provisions of this § 250.9 amended January 12, 2001,
effective 1/13/2001, 31 Pa.B.
235.
The provisions of this § 250.9 amended under sections 5(b)
and 402 of The Clean Streams Law (35 P.S. §§
691.5(b) and
691.402); section 302 of the
Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §
4000.302); section 408(e) of the Pennsylvania
Used Oil Recycling Act (58 P.S. §
408(e)); sections 1905-A,
1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§
510-5,
510-17 and
510-20); sections 104(a),
301(c) and 303(a) of the Land Recycling and Environmental Remediation Standards
Act (35 P.S. §§
6026.104(a),
6026.301(c) and 6026.303(a));
section 105(4) of the Waste Tire Recycling Act (35 P.S. §
6029.105(4)); sections 301
and 302 of the Radiation Protection Act (35 P.S. §§
7110.301 and
7110.302); and the Vehicle
Code,
75 Pa.C.S. §
4909(e).
