25 Pa. Code § 287.231 - Equivalency review procedure

(a) This section authorizes the Department, in approving a permit application under this article, to authorize, in writing, alternatives to the design requirements in this article. The alternative requirements may be authorized only if, and only to the extent that, specific sections in this article expressly state that alternatives may be authorized under this section.

(b) A person requesting an alternative under this section shall submit a request to the Department, in writing. The request shall:

(1) Identify the specific regulation for which an equivalency alternative is being sought.

(2) Demonstrate, through supporting technical documentation, justification and quality control procedures, that the requested alternative to the design requirements in a section of the regulations will, for the life of operations at the facility, achieve the performance standards set forth in that section, and will do so in a manner that is equivalent or superior to the design requirements in that section.

(c) An equivalency alternative will not be approved unless the application affirmatively demonstrates that the following conditions are met:

(1) The request is complete and accurate and the requirements of this section have been complied with.

(2) The proposed alternative will, for the life of operations at the facility, achieve the performance standards set forth in the section of regulations for which the alternative to the design requirements in that section is sought, and will do so in a manner that is equivalent or superior to the design requirements in that section.

(3) The proposed alternative will not cause pollution to the air, water or other natural resources of this Commonwealth, and will not harm or endanger public health, safety or welfare.

(d) In lieu of approving an equivalency alternative for the entire facility, the Department may approve an equivalency alternative for part of a site as provided in Subchapter G (relating to demonstration facilities).

(e) If an alternative design is approved through a major permit modification, the Department may approve the applicability of the alternative design to another applicant through a minor permit modification.

Notes

25 Pa. Code § 287.231

The provisions of this § 287.231 amended January 12, 2001, effective 1/13/2001, 31 Pa.B. 235.

This section cited in 25 Pa. Code § 287.151 (relating to public notice by applicant); 25 Pa. Code § 287.154 (relating to public notice and public hearings for permit modifications); 25 Pa. Code § 288.233 (relating to intermediate cover and slopes); 25 Pa. Code § 288.234 (relating to final cover and grading); 25 Pa. Code § 288.433 (relating to subbase); 25 Pa. Code § 288.434 (relating to secondary liner); 25 Pa. Code § 288.435 (relating to leachate detection zone); 25 Pa. Code § 288.436 (relating to primary liner); 25 Pa. Code § 288.437 (relating to protective cover); 25 Pa. Code § 288.438 (relating to leachate collection system within protective cover); 25 Pa. Code § 288.439 (relating to surface mined areas); 25 Pa. Code § 288.533 (relating to subbase); 25 Pa. Code § 288.534 (relating to leachate detection zone); 25 Pa. Code § 288.535 (relating to liner); 25 Pa. Code § 288.536 (relating to protective cover); 25 Pa. Code § 288.537 (relating to to leachate collection system within protective cover); 25 Pa. Code § 288.538 (relating to surface mined areas); 25 Pa. Code § 288.624 (relating to attenuating soil); 25 Pa. Code § 289.242 (relating to cover); 25 Pa. Code § 289.433 (relating to subbase); 25 Pa. Code § 289.434 (relating to secondary liner); 25 Pa. Code § 289.435 (relating to leachate detection zone); 25 Pa. Code § 289.436 (relating to primary liner); 25 Pa. Code § 289.437 (relating to protective cover); 25 Pa. Code § 289.438 (relating to leachate collection system within protective cover); 25 Pa. Code § 289.533 (relating to subbase); 25 Pa. Code § 289.534 (relating to leachate detection zone); 25 Pa. Code § 289.535 (relating to liner); 25 Pa. Code § 289.536 (relating to protective cover); and 25 Pa. Code § 289.537 (relating to leachate collection system within protective cover).