(D) the facility is located in an area that receives
less than or equal to 25 inches of annual average precipitation based
on precipitation data from the nearest official precipitation recording
station for the most recent 30-year reporting period.
(2) Requests for exemptions under §330.63(d)(5)
of this title (relating to Contents of Part III of the Application)
may be approved administratively by the executive director, upon demonstration
of compliance with all applicable criteria. The executive director
may deny an exemption request if the available information indicates
that granting the exemption could result in a substantial threat of
groundwater contamination. Existing Type IAE landfill permits, which
include a 20 tons per day waste disposal limit, may be revised via
a major amendment to allow for disposal of an additional less than
20 tons of authorized waste in a Type IVAE landfill unit located in
a separate area of the same facility. Existing Type IAE landfill permits,
which do not include a waste disposal limit or include a waste disposal
limit in excess of limits allowed for Type IAE landfill units, may
be modified consistent with the restrictions for small MSW landfills.
Within 180 days of the effective date of the comprehensive rule revisions
in this chapter as adopted in 2006 (2006 Revisions), owners and operators
of such a permit shall comply with the waste acceptance rate limit
for a Type IAE landfill unit or apply to modify such permit to include
a Type IVAE landfill unit located in a separate area of the facility.
Such permits remain valid until a final decision is made on the modification
application. Such a modification must be processed in accordance with §305.70(l)
of this title as a modification subject to public notice. Such a modification
application must be submitted in conjunction with a corresponding
application to modify the revised estimated waste acceptance rate
under §330.125(h) of this title (relating to Recordkeeping Requirements).
(3) Owners or operators may appeal denials of a request
for exemption to the commission for decision.
(4) If the owner or operator of a new, existing, or
lateral expansion of a Type IAE or Type IVAE landfill facility who
has previously asserted eligibility for the arid exemption has knowledge
or becomes aware of groundwater contamination from the facility within
a one-mile radius of the unit, the facility no longer meets the definition
of a Type IAE or Type IVAE landfill facility, the waste reduction
program is ineffective (based upon an evaluation of trends established
after a minimum period of a year), or a practicable alternative becomes
available, the owner or operator shall notify in writing the executive
director of such condition(s) and thereafter comply with Subchapter
B, Subchapter H, and Subchapter J of this chapter on a schedule specified
by the executive director.
(5) The executive director may consider the economic
investment made by the owner or operator in establishing the schedule
for compliance.
(6) The minimum time allowed for compliance necessitated
by loss of Type IAE or Type IVAE landfill facility status or availability
of a practicable alternative shall be 18 months.
(7) A Type IAE or Type IVAE landfill facility that
meets the requirements of this subsection shall maintain the integrity
of any existing on-site groundwater monitor wells and make them available
to the executive director for the collection of groundwater samples.
(c) For MSW landfills that stopped receiving waste
before October 9, 1991, and unauthorized MSW sites, the closure provisions
of §330.453 of this title (relating to Closure Requirements for
Municipal Solid Waste Landfill Units that Stopped Receiving Waste
Prior to October 9, 1991, Type IV Landfills, and Municipal Solid Waste
Sites) apply. If not previously submitted, owners or operators shall
submit a closure report that documents that MSW landfill units or
unauthorized MSW sites, or portions thereof, have received final cover.
(d) MSW landfill units that receive waste after October
9, 1991, but stop receiving waste before October 9, 1993, are subject
to the final cover requirements specified in §330.455 of this
title (relating to Closure Requirements for Municipal Solid Waste
Landfill Units that Received Waste on or after October 9, 1991, but
Stopped Receiving Waste Prior to October 9, 1993). The final cover
must be installed and certified in accordance with the requirements
contained in §§330.451, 330.453, 330.455, and 330.457 of
this title (relating to Closure and Post-Closure). Owners or operators
of MSW landfill units described in this subsection that fail to complete
cover installation and certification within the time limits specified
in Subchapter K of this chapter will be subject to all the requirements
of these regulations.
(e) All MSW landfill units that receive waste on or
after October 9, 1993, must comply with all requirements of these
regulations, unless otherwise specified.
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