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HomeMy WebLinkAboutSolid Waste Management Act _..__.-~---.._--_._~-~-- Unofficial Copy ACT 97 THE SOLID WASTE MANAGEMENT ACT (1980) (As Amended July 11,1990) ~6018.601. Public nuisances Any violation of any provision of this act, any rule or regulation of the department, any order of the department, or any term or condition of any permit, shall constitute a public nuisance. Any person or municipality committing such a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by such violation. The Environmental Hearing Board and any court of competent jurisdiction is hereby given jurisdiction over actions to recover the cost of such abatement. ~6018.610. Unlawful Conduct It shall be unlawful for any person or municipality to: (1) Dump or deposit, or permit the dumping or depositing, of any solid waste onto the surface of the ground or underground or into the waters of the Commonwealth, by any means, unless a permit for the dumping of such solid wastes has been obtained from the department; provided, the Environmental Quality Board may by regulation exempt certain activities associated with normal farming operations as defined by this act from such permit requirements. (2) Construct, alter, operate or utilize a solid waste storage, treatment, processing or disposal facility without a permit from the department as required by this act or in violation of the rules or regulations adopted under this act, or orders of the department, or in violation of any term or condition of any permit issued by the department. (3) Burn solid wastes without a permit from the department. (4) Store, collect, transport, process, treat, beneficially use or dispose of, or assist in the storage, collection, transportation, processing, treatment, beneficially use or disposal of, solid waste contrary to the rules or regulations adopted under this act, or orders of the department, or any term or any condition of any permit, or in any manner as to create a public nuisance or to adversely affect the public health, safety and welfare. (5) Transport hazardous waste without first having obtained a license from the department to conduct such transport activities. (6) Transport or permit the transportation of any solid waste, treatment, processing or disposal facility or area unless such facility or area possesses a permit issued by the department to accept such wastes, or contrary to the rules or regUlations adopted under this act, or orders of the department, or in such a manner as to adversely affect or endanger the public health, safety and welfare or environment through which such transportation occurs. (7) Refuse, hinder, obstruct, delay, or threaten any agent or employee of the department in the course of performance of any duty under this act, including, but not limited to, entry and inspection under any circumstances. (8) Consign, assign, sell, entrust, give or in any such way transfer residual or hazardous waste which is at any time subsequently, by any such person or any other person: (i) dumped or deposited or discharged in any manner into the surface of the earth or underground or into the waters of the Commonwealth unless a permit for the dumping or depositing or discharging of such residual or hazardous waste has first been obtained from the department; or (ii) stored, treated, processed, disposed of or discharged by a residual or hazardous waste facility unless such facility is operated under a permit first obtained from the department. (9) Cause or assist in the violation of any provision of this act, any rule or regulation of the department, any order of the department or any term or condition of any permit. Unofficial Copy ACT 97 - Unofficial Copy - See Pennsylvania Code for Official Version REGULATION FROM PENNSYLVANIA CODE TITLE 25. ENVIRONMENTAL RESOURCES S129.14. Open burning operations. (a) Air basins. No person may permit the open burning of material in an air basin. (b) Outside of air basins. No person may permit the open burning of material in an area outside of air basins in a manner that: (1 ) The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the open burning is conducted. (2) Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open burning is being conducted. (3) The emissions interfere with the reasonable enjoyment of life or property. (4) The emissions cause damage to vegetation or property. (5) The emissions are or may be deleterious to human or animal health. (c) _ The requirements of subsections (a) and (b) do not apply where the open burning operations result from: (1 ) A fire set to prevent or abate a fire hazard, when approved by the Department and set by or under the supervision of a public officer. (2) Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Department. (3) A fire set for the prevention and control of disease or pests, when approved by the Department. (4) A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation. _A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of the structure. (6) A fire set solely for recreational or ceremonial purposes. (7) A fire set solely for cooking food. (d) Clearing and grubbing wastes. The following is applicable to clearing and grubbing wastes: (1 ) As used in this subsection the following terms shall have the following meanings: Air curtain destructor - A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained. Clearing and grubbing wastes - Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition wastes and dirt laden roots. (2) Subsection (a) notwithstanding, clearing and grubbing wastes may be bumed in a basin subject to the following requirements: (i) Air curtain destructors shall be used when burning clearing and grubbing wastes. (ii) Each proposed use of air curtain destructors shall be reviewed and approved by the Department in writing with respect to equipment arrangement, design and existing environmental conditions prior to commencement of burning. Proposals approved under this subparagraph need not obtain plan approval or operating permits under Chapter 127 (relating to construction, modification, reactivation and operation of sources). (iii) Approval for use of an air curtain destructor an one site may be granted for a speCified period not to exceed 3 months, but may be extended for additional limited periods upon further approval by the Department. (iv) The Department reserves the right to rescind approval granted if a determination by the Department indicates that an air pollution problem exists. (3) Subsection (b) notwithstanding clearing and grubbing wastes may be burned outside of an air basin, subject to the following limitations: (i) Upon receipt of a complaint or determination by the Department that an air pollution problem exists, the Department may order that the open burning cease or comply with subsection (b). (ii) Authorization for open burning under this paragraph does not apply to clearing and grubbing wastes transported from and air basin for disposal outside of an air basin. (4) During an air pollution episode, open burning is limited by Chapter 137 (relating to air pollution episodes) and shall cease as specified in that chapter. ~\Jln\ \1ifl ~0~ bJfJ\~ \