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SITING
HAZARDOUS
WASTE
FACILITIES
A GUIDE
FOR LOCAL
GOVERNMENTS
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SITING HAZARDOUS WASTE FACILITIES
A GUIDE FOB. LOCAL GOVERNMENT
August, 1986
U.S. Environmental Protection Agency
Region III Information Resource
Center (3PM52)
&41 Restart SfoBEi /
M®7
Group Against Smog and Pollution
GASP Post Office Box 5165
MLLUtf Pittsburgh, PA 15206
(412) 441-6650
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THIS HANDBOOK HAS BEEN WRITTEN FOR THE
GROUP AGAINST SMOG AND POLLUTION
BY
EVELYN STELLA D'ELIA
UNDER A GRANT AWARDED BY THE
U. S. ENVIRONMENTAL PROTECTION AGENCY
GRANT NO. 8001-B
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ACKNOWLEDGEMENTS
GASP thanks the following for their contributions to the writing
of this handbook:
Nancy Grundahl, U.S. Environmental Protection Agency, Region III
Colleen Grace, U.S. Environmental Protection Agency, Region III
John Humphries, U.S. Environmental Protection Agency, Region III
Michael Zickler, U.S. Environmental Protection Agency, Region III
Gilbert Longwell, Association of Township Supervisors
Stephen Lehr, Pennsylvania Department of Community Affairs
James Gagliano, Pennsylvania Department of Community Affairs
Diana Steck, Concerned Citizens of the Yough
Steve Stevens, Citizens Against Toxic Sites
Marilyn Skolnick, Allegheny County Hazardous Waste Task Force
J. D. Manclark, Pennsylvania Emergency Management Agency
Thomas J. Hauger, Pennsylvania Emergency Management Agency
Charles Duritsa, Pennsylvania Department of Environmental Resources
James Snyder, Pennsylvania Department of Environmental Resources
Bridget Hofman, Pennsylvania Department of Environmental Resources.
Special acknowlegement to the Allegheny County Health Department
for their assistance in the development of the hazardous waste
facility siting educational project and to Mr. Edward Luczak for the
graphics which appear in this handbook.
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The following GASP Board Members
contributed to the writing of this handbook:
Patricia Pelkofer
Naomi Siegel
Emanuel Sillman
Daniel Volz
and Christel Myers,
with special thanks.
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PENNSYLVANIA CONSTITUTION
Article 1, Section 27
"The People have a right to clean air, pure water,
and to the preservation of the natural, scenic,
historic and aesthetic values of the environment.
Pennsylvania's public natural resources are the common
property of all people, including generations yet to
come. As trustee of the resources, the Commonwealth
shall conserve and maintain them for the benefit of all
the people."
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SITING HAZARDOUS WASTE FACILITIES
A Guide for Local Governments
I. INTRODUCTION
II. ROLES AND RESPONSIBILITIES OF LOCAL
ELECTED OFFICIALS
Introduction
Corporate Powers and Hazardous Waste Facilities
III. PLANNING AND ZONING
Introduction
Why Zone
Comprehensive Plan
Zoning
Conditional Uses and Special Exceptions
Preemption
Conclusion
IV. THE STATE SITING CRITERIA
Introduction
Phase I
Phase II
Zoning and the Siting Criteria
A Hazardous Waste Developer's Siting Criteria
Conclusions
V. THE PERMITTING PROCESS
Introduction
Permitting Process — The Facility Owner
Part A
Part B
The Application Process and Commenting
Commenting
Licensing Process — The Transporter
Commenting
Conclusions
CERTIFICATE OF PUBLIC NECESSITY
Introduction
Hazardous Waste Facilities Plan
Public Participation Program
Conclusion
1
5
5
6
9
9
9
11
12
14
15
16
19
19
20
22
26
27
28
29
29
29
30
30
33
35
36
38
38
39
39
41
42
42
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VI. EMERGENCY MANAGEMENT 43
Introduction 43
Legal Authority 44
Comprehensive Emergency Management 46
Developing a Plan 47
Municipality Information 48
Facility Information 48
Warning System 49
Emergency Management Coordinator 50
Emergency Services Personnel Training 51
Equipment 52
Establishing Rapport with Facility Operator 52
Making Emergency Management Plan Public 52
Testing the Plan 53
The Facility Owner's Responsibilities 53
Transporter's Responsibilities 54
Conclusions 54
VII. NEGOTIATING 55
Introduction 55
Why Negotiate 56
When Should Negotiations Begin? 56
What is Negotiable? 57
Fundamentals of Negotiation 61
How to Negotiate 62
Do's and Dont's of Negotiation 63
Using a Mediator 65
VIII. COLLECTING AND DISSEMINATING INFORMATION 67
Introduction 67
Collecting Information 68
What Information Should be Collected? 68
Where to Get the Information 72
Pennsylvania State Agencies 72
Out-of-State Agencies 72
Federal Agencies 73
Miscellaneous Organizations 73
Disseminating Information 74
IX. BIBLIOGRAPHY
75
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X. APPENDICES
A Glossary
B List of Acronyms
C State Government Addresses
D Organizations with Environmental Concerns
E Solid Waste Advisory Committee
F Groups and Individuals Involved in
Environmental Conflict Resolution
G Environmental and Citizens Organizations
H Federal and State Environmental Offices
I Municipal Notification of Permit Application
Instruction Sheet
J DER Hazardous Waste Facilities Siting Criteria
K Hazardous Waste Permit Application - Part A
L Applicant Guidelines for Module 9
M Module 10 - Compliance History
N Guidelines for Preparedness, Prevention and
Contingency (PPC) Plans
0 Instructions for Applying for Hazardous Waste
Transporter License/Hazardous Waste
Transporter Application
P Collateral Bond Form
Q Hazardous Waste Manifest Form
R Guidelines for Hazardous Waste Transporter
PPC Plan
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L INTRODUCTION
As the effects of past disposal
practices of hazardous wastes become
increasingly apparent, more and more
citizens are adopting the "not in my
backyard" attitude towards siting
hazardous waste facilities. It is no
wonder that this attitude, known as
the NIMBY syndrome, has developed.
Many people have had serious ill
effects from polluted water and air
caused by irresponsible hazardous
waste disposal. No one wants to live
near a "dump" and risk losing his
health, family and property. How-
ever, this attitude will not make our
hazardous waste situation disappear.
While industries must accept the
responsibility for reducing the
amount of hazardous wastes produced,
some facilities will be needed to
handle hazardous wastes.
Pennsylvania industries generate
about five million metric tons of
hazardous wastes per year.^" Steel,
chemicals, textiles, lumber, pharma-
ceuticals, soaps, paint, printing,
plastics, leather, metal and trans-
portation are a few of the industries
which generate hazardous wastes in
the Commonwealth. About 15% of these
wastes are shipped off-site; 85% are
handled on-site where the wastes are
generated. On-site facilities
include facilities located at the
place where the wastes are generated
and facilities away from the place of
generation but owned by the genera-
tor. Of the wastes shipped off-site,
about 72% are transported to facili-
ties within the Commonwealth and 28%
are shipped out-of-state (1984
figures). Because a large number of
facilities have been closed in Penn-
sylvania, it is expected that more
wastes will be shipped out-of-state.
This may seem like an ideal situa-
tion — to ship our hazardous wastes
to another state, to someone else's
backyard. We, then, won't worry
about our water becoming contaminated
or our environment becoming polluted.
But this is not a responsible
approach to solving our hazardous
waste dilemma. What happens when the
states that now accept our wastes
refuse them? Will we be prepared to
manage our hazardous wastes then?
In 1982, sixteen treatment and
disposal facilities were in operation
1 Pennsylvania Hazardous Waste Facilities Plan. Pennsylvania Department
of Environmental Resources. November, 1985. Harrisburg, Pennsylvania.
1
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in Pennsylvania. Of these, only seven
were operating as of July 1, 1985.
Only one of these facilities provides
disposal services and this one will
close on June 30, 1987. According
to a study conducted by Environmental
Resources Management (ERM) for the
Department of Environmental Resour-
ces, two landfills with a combined
capacity of 200,000 metric tons per
year will be needed in Pennsylvania.
One should be located in the western
half and one in the eastern half of
the state. The study also concludes
that other types of facilities will
be needed. These include:
Capacity
Technology (metric tons/year)
Incineration 70,000
Wet Air
Oxidation 45,000
Advanced Thermal
Destruction 40,000
Full Service
Aqueous Treatment 300,000
These facilities will need "to be
sited in municipalities somewhere in
the Commonwealth. What does this mean
to an elected official? How can one
prepare to deal with such a situation
in the municipality?
First, elected officials should
know their municipality. They should
know what industries are in the muni-
cipality, if these industries gener-
ate hazardous wastes, how they handle
( their wastes and where they are
shipped if shipped off-site.
Second, elected officials should
develop a comprehensive plan for the
municipality and adopt zoning and
subdivision ordinances to control
development of all kinds, not just
hazardous waste facilities.
. Third, elected officials should
assess local emergency response capa-
bilities and determine if the equip-
ment and training of personnel are
adequate to meet the demands of the
municipality.
Finally, elected officials should
become knowledgeable - about the
hazardous waste issue. They should
gather information about where wastes
are generated in Pennsylvania, how
they are disposed, the kinds of tech-
nologies available to handle hazard-
ous wastes, the potential adverse
impacts waste disposal has on the
environment and the health of people
living near a disposal site and the
roles and responsibilities of an
elected official. Only in this way
will elected officials be prepared
for this issue.
The purpose of this handbook is
not to encourage or discourage siting
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of hazardous waste facilities within
a municipality, but to provide infor-
mation to elected officials who may
find themselves involved in siting a
hazardous waste treatment, storage,
or disposal (TSD) facility, so that
they can approach the issue from an
informed and rational position.
The handbook will provide informa-
tion to help to prepare elected offi-
cials before the hazardous waste
facility siting issue is brought to
the municipality. This includes
planning and zoning and the State
siting criteria for hazardous waste
facilities. It also provides infor-
mation on steps to take after a muni-
cipality is chosen as a possible host
for a hazardous waste facility. This
includes emergency response, the per-
mitting process, the Certificate of
Public Necessity and negotiating.
Also included in this handbook are
sample copies of permit applications
for treatment, storage and disposal
facilities, the transporters of
hazardous wastes application, Modules
9 and 10, a bibliography and a
glossary of hazardous waste terms as
well as terms associated with local
government. A list of State and
Federal agencies with addresses and
phone numbers is also provided in the
appendices. It is hoped that this
handbook will be a valuable tool for
elected officials and citizens who
are involved in or may become
involved in siting a hazardous waste
TSD facility.
3
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n. THE ROLE OF THE ELECTED OFFICIAL
INTRODUCTION
Elected officials of a munici-
pality constitute the governing body
which has certain roles and responsi-
bilities that are stated in the
applicable municipal code. The
governing body is responsible for the
health, safety and welfare of the
citizens of the municipality. Their
role in local government is to estab-
lish policy, to make decisions for
the municipality and to assure that
municipal operations run smoothly.
The codes give corporate powers to
the governing body of the munici-
pality. These powers enable
governing bodies to adopt ordinances
ranging from no-parking zones to
zoning to building codes to open
burning regulations. In addition,
financial management, fire protec-
tion, roads, health, public safety
and community development are a few
of the many responsibilities the
governing body is given in the muni-
cipal codes.
Generally, the municipal codes
give the governing body the power to
"make and adopt all such ordinances,
by-laws, rules, regulations not
inconsistent with or restrained by
the Constitution and laws of this
Commonwealth as may be deemed
expedient or necessary for the proper
management, care and control of the
municipality and its finances and the
maintenance of peace, good govern-
ment and welfare of the municipality
and its trade, commerce, and
manufacture."
The power to zone which is granted
by the Municipalities Planning Code
enables a municipality to control how
its land is used and how structures
are built. This is very important
since this enables a municipality to
control its destiny, if it chooses to
do so, through zoning and other land
use regulations.
2 Pennsylvania, First Class Township Code, (1949 as amended) P.L. 1955,
Do. 569, Sec. Art. XV, Sec. 1501 (LII), p. 15:18.
5
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Elected officials of Home Rule
Municipalities have broader power and
are not subject to the municipal
codes (borough, township, city,
county). However, the Municipal
Planning Code also applies to Home
Rule Municipalities.
CORPORATE POWERS AND
HAZARDOUS WASTE FACILITIES
As with any land use, zoning
powers also apply to hazardous waste
facilities, although regulation of
engineering and structural design is
reserved by the Department of
Environmental Resources (DER). How-
ever, governing bodies of. munici-
palities can protect the health and
safety of their citizens by adopting
zoning ordinances which keep separate
residential and industrial areas. A
hazardous waste facility may be
allowed by right or may have to be
treated as a special exception to an
area already zoned for industrial
uses. In this way, air, noise, soil
and water pollution to residential
areas can be minimized or eliminated.
In addition, certain roads can be
designated as routes for transporting
hazardous waste. It should be noted
that while the governing bodies are
given the power to adopt ordinances
and other rules, these cannot
conflict with or be inconsistent with
Pennsylvania laws and regulations.
Therefore, the governing body should
refer to the law and regulations
6
regarding hazardous waste facilities
before adopting any ordinances
directed towards these facilities.
Zoning is discussed in more detail in
Chapter III.
In addition to zoning the govern-
ing body can protect the residents of
the municipality through emergency
preparedness. The governing body is
required by the Emergency Services
Code to nominate an emergency manage-
ment coordinator (EMC) who is appoin-
ted by the Governor. The EMC is
responsible for developing an emer-
gency response plan. This plan not
only pertains to accidents involving
hazardous wastes, chemicals and
radioactive materials, but also
includes natural disasters such as
floods, tornados and landslides.
Under the Emergency Services Code,
the governing body is mandated to
appoint a coordinator and adopt an
emergency plan. For more information
on emergency management refer to
Chapter VII.
If the siting process has reached
the point where the governing body
and the developer feel that negotia-
tions are appropriate, negotiations
can take place. The governing body
cannot negotiate away any of the
rights of the municipality, however,
the governing body can use negotia-
tions to further protect the resi-
dents of the municipality. Only the
governing body has the authority to
negotiate for the municipality.
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Negotiable items can be anything from
the developer upgrading existing
roads or building new ones to the
developer providing emergency train-
ing and equipment to the developer
supplying alternative drinking water
supplies. A member of the governing
body can negotiate or the governing
body can hire a professional negotia-
tor or designate a negotiator from
the municipality. In any event, only
the governing body can make the final
decision as to whether or not to
accept the results of the negotia-
tions . Individuals who will be
affected by the facility must nego-
tiate their own interests. Negotia-
ting is discussed in more detail in
Chapter VII.
Although there are some limits, a
governing body is not powerless in
protecting the municipality. Through
zoning, emergency preparedness, nego-
tiations and an understanding of the
hazardous waste management problems
facing the Commonwealth, the govern-
ing body can take measures to protect
the health and safety of the resi-
dents of the municipality. The
governing body should be involved in
all phases of the siting process and
should understand hazardous waste law
and regulations. Remember, only the
governing body has the authority to
make decisions regarding the munici-
pality. Therefore, the governing
body must assume responsibility.
7
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INTRODUCTION
In the past zoning has been viewed
as a negative instrument to prohibit
individuals from using their land and
property as they wish. However, as
haphazard and undesirable development
has occurred causing major problems
in municipalities, the benefits of
zoning have become apparent. More
and more municipalities are discover-
ing the benefits of zoning to guide
and control growth and development
and therefore to provide a better
community for everyone to live, work
and play in. Although this chapter
will address zoning as related
specifically to hazardous waste
treatment, storage and disposal (TSD)
facilities, this information can be
equally applied to zoning of all
kinds of land uses. Zoning is a
0
positive tool used to meet community
goals. If done properly through
development of a sound Comprehensive
Plan and then strictly followed,
zoning is a beneficial land use
control mechanism which addresses the
needs of the community while protect-
ing the health, welfare and safety of
the residents of the community.
WHY ZONE?
Many municipalities have
discovered that without zoning they
have little or no control over what
comes into the municipality. After
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development has occurred, zoning
cannot be used to reverse it. The
municipality is stuck with any
development which occurs whether it
is good or bad.
In Yukon, Westmoreland County,
such undesirable development has
occurred. The residents are feeling
the effects of a hazardous waste
disposal facility built over twenty
years ago. At that time (and to this
day) the township had no zoning. The
residents and township have no
control over the expansion of the
facility or any other kind of
development that might occur.
In Butler County, after 700 acres
of land had been mined, the owner
decided that he would fill in the
area by accepting hazardous wastes.
Although the nearby residents
vehemently opposed these activities,
they were unable to stop them. No
zoning existed in the township where
the property was located. Not until
after groundwater was contaminated
and a nearby state park threatened
was the landowner forced to close the
operation.
In Lawrence County, residents near
New Castle were alerted to the
possibility that a hazardous waste
facility might be developed in their
township. The township had no zoning
until faced with this facility. The
developer has taken the township to
court. At this writing no decision
10
has been handed down.
These stories can be repeated all
across the state. In a municipality
without zoning or other land use
control ordinances, a landowner can
sell or lease his land or building,
without first notifying the
municipality of his intentions. The
municipality has no control over the
use of the land or how the building
is constructed. In many cases,
municipalities that do not have
zoning in place also lack building
codes (safety features such as fire
escapes, smoke detectors, sprinkling
systems, occupancy limits, etc.).
The lack of building codes and land
use controls could lead to lowered
land values (subsequently lower
revenues), safety hazards, increase
in traffic congestion, population
decline and other problems associated
with poor planning. The municipality
has placed its destiny into the hands
of the developers. In addition,
there are no means by which residents
are informed of the intended use of
land or other property. Therefore,
there is no opportunity for citizen
participation.
If a municipality has been zoned
or has other land use control
ordinances, any land use involving
changes must be posted in the public
notices. In this way, residents are
informed of the proposed changes and
therefore have an opportunity to
voice their opinions and concerns.
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An exception to this is a certain
land use that is permitted by right
in a zoned area. In this case there
is no opportunity for public
involvement. For this reason,
certain land uses which may be
hazardous or pose special problems
are treated as special exceptions or
conditional uses. A hazardous waste
TSD facility can be treated in this
way. Public notices and public
hearings are required through this
type of land use mechanism. In this
way the public has an opportunity to
express concerns. Special exceptions
and conditional uses are discussed in
more detail later in this chapter.
There is another reason to zone.
In September 1985, the Department of
Environmental Resources (DER)
published its rules and regulations
regarding siting of hazardous waste
treatment and disposal facilities.
In Section 75.445 (a), an important
land use provision is stated
affecting municipalities without
zoning: "Where no zoning exists, the
applicant shall provide information
and analysis to allow the Department
to assess compatibility with existing
land use." In other words, DER
determines the compatibility of a
hazardous waste TSD with existing
land uses. DER makes the decision of
land use compatibility instead of the
local government, where land use
decisions should be made. That same
section goes on to say: "Treatment
and disposal facilities located on
lands either designated for
industrial use by existing municipal
zoning or indicated as industrial in
officially adopted county or
municipal comprehensive plans or land
use maps are deemed to be acceptable.
If this standard cannot be met, the
applicant shall provide information
and analysis to allow the Department
to assess the compatibility of the
design of the proposed facility with
zoning or land use controls." It
appears that DER will consider zoning
ordinances a county or municipality
has adopted. It rests with the
applicant to make a good case as to
why the facility should be placed on
that particular site. The
municipality maintains control over
its growth and development.
With zoning, a municipality has
some control over its growth and
development. The integrity of
residential areas can be preserved.
Areas of the municipality can be set
aside for commercial and industrial
growth. Land can be preserved for
parks and recreation and prime
agricultural lands can be saved.
Zoning is not only a good idea when
considering . hazardous waste
facilities. It's a good idea in
general.
Comprehensive Plan
Before a municipality is zoned, a
plan must be developed. This is
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known as the Comprehensive Plan. The
Plan is a guide to the future growth
and development of the community. It
states basic policies. The Plan
examines past growth and development
of the community and how that has led
to the present. In addition, it
projects the future and how the
community will chart its course to
arrive at that future. The Plan
serves as the basis for any land use
provisions enacted by the
municipality. In other words the
municipality will rely on the Plan as
a guide in making day-to-day deci-
sions about the growth and develop-
ment of the community. Therefore,
the Plan must be carefully developed
by using scientific studies, by
clarifying goals and objectives and
by involving the residents of the
community. Although involving resi-
dents may seem unimportant and incon-
venient, citizen participation is of
utmost importance from the outset
when developing the Plan. Without
citizen involvement, the Plan may
become ineffective because of contin-
uous challenges by citizens. There-
fore, it is of the utmost importance
to involve citizens when developing
the Plan in order to have their full
understanding and support. For more
information on the Comprehensive Plan
see the Department of Community
Affairs Planning Series Number 3,
The Comprehensive Plan.
ZONING
Zoning is used to regulate the use
of land by dividing the municipality
into districts. The power to zone
and to adopt zoning ordinances is
granted to local governments by the
Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as amended
(MPC). The MPC requires that a
zoning ordinance be designed to:
1. Promote, protect and facilitate
one or more of the following: the
public health, safety, morals,
general welfare, coordinated and
practical community development,
proper density of populations,
civil defense, disaster
evacuation, airports and national
defense facilities, the provisions
of adequate light and air, police
protection, vehicle parking and
loading space, transportation,
water, sewerage, schools, public
grounds and other public
requirements, as well as to
2. prevent one or more of the
following: overcrowding of land,
blight, danger and congestion in
travel and transportation, loss of
health, life or property from
fire, flood, panic or other
dangers, and to
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3. preserve prime agricultural and
farmland considering topography,
soil type and classification and
present use.
Zoning is based on the studies
contained in the Comprehensive Plan.
It is a method of implementing the
Plan. Therefore, zoning should not
be done unless a Plan has been
adopted. The Plan is the reference
document for the zoning ordinances
and future zoning amendments.
Zoning cannot be used to prohibit
or exclude a land use such as a
hazardous waste treatment, storage or
disposal facility (TSD) from a
municipality. However, a hazardous
waste TSD can be prohibited in
certain districts as long as there
are areas where there is no prohibi-
tion. A prohibition can be (a) an
expressed prohibition (a hazardous
waste TSD facility is prohibited
within the boundaries of X munici-
pality); (b) lack of expressed per-
mission in any land use; or (c) where
a TSD is permitted, the ordinance is
so unreasonable or restrictive that
the establishment of such a facility
is discouraged. Any of these pro-
hibitions can open the possibility
of an attack on the validity of the
ordinance by a prospective developer,
with the likelihood that the munici-
pality will lose the case. In General
Battery Corp. v. Alsace Township. 29
Pa. Commonwealth 498 (1977) the court
held that "a township may not exclude
industrial waste disposal facilities
from the entire municipality,"
adding: "The possibility that such a
facility may have detrimental effects
does not justify such a total exclu-
sion." In Greenwood Twp. v. KEFO,
Inc., 416 A. 2d 583, 1980, applica-
tion of the ordinance distance
criteria to the actual land in the
township revealed that only nine
parcels in the township would satisfy
the locational criteria. Moreover,
the largest of these was twenty-five
acres in size, although fifty acres
was determined to be the minimally
appropriate size for a landfill. The
municipality failed to establish a
substantial relationship between the
distance requirements and protection
of the public health, safety and
welfare. In order to avoid difficul-
ties, the governing body should con-
sider engaging a professional planner
and legal counsel familiar with
zoning.
If a municipality has been zoned,
in all probability hazardous waste
TSD facilities were not considered at
the time the ordinance was adopted.
As stated before, a TSD facility
cannot be excluded through lack of
permission in any land use zone. In
other words, a TSD facility not
specifically permitted as a land use
in some zone is not automatically
barred from that municipality. There-
fore, it will be necessary for
municipalities to examine their ordi-
nances and determine if a hazardous
13
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waste TSD facility provision is
warranted. This is particularly true
of municipalities which will not be
exempted under the State's Siting
Criteria, which will be discussed in
more detail in Chapter IV.
A treatment or storage facility
might best be included under
industrial land uses. Because of the
hazardous nature of the facility, it
can be treated as a special exception
or conditional use discussed in
further detail later in this chapter.
A disposal facility such as a land-
fill may best be suited in an agri-
cultural zone because of the large
amount of land involved and in order
to isolate it from populated areas.
It should be noted here that in the
State's Siting Criteria, Phase I
(Section 75.428) criterion "excludes
the agricultural areas formed under
the Agricultural Security Act and
prohibits hazardous waste treatment
or disposal sites on the highest
classification of prime farmlands
(Class I) when under use as farm-
lands." Again the disposal facility
can be treated as a special excep-
tion or conditional use in that par-
ticular land use zone.
CONDITIONAL USES
AND SPECIAL EXCEPTIONS
Conditional uses and special
exceptions add flexibility to zoning.
While many land uses may seem logi-
14
cally placed in a particular land use
zone, they may need additional
control because of their nature. A
hazardous waste TSD facility falls
into this category. A TSD facility
can be logically placed in an indus-
trial zone or an agricultural zone.
However, because of its hazardous
nature and potential adverse impact
upon the health, safety and welfare
of the municipality, additional con-
ditions should be placed upon it. As
suggested in Chapter VIII, "Negotia-
ting", the conditions which were
negotiated by the municipality and
the developer can be inserted as the
conditions for granting a special
exception or- conditional use applica-
tion approval. Remember that a con-
dition to be legally binding must be
stated in writing as an integral part
of the approval for the application.
A special exception is an approval
or permission granted to an applicant
to use land in a district for a pur-
pose other than that generally per-
mitted outright in that district.
The special exception is granted by
the Zoning Hearing Board in accord-
ance with the standards contained in
the zoning ordinance. The Zoning
Hearing Board must hold public hear-
ings on the proposed land use appli-
cation. The Zoning Hearing Board may
require the Planning Commission to
review all requests for special
exceptions and make recommendations
to the Zoning Hearing Board. In
Section 913 of the Municipalities
-------
Planning Code, as amended, the
Board's functions are stated as to
special exceptions: "In granting a
special exception, the board may
attach such reasonable conditions and
safeguards, in addition to those
expressed in the ordinance, as it may-
deem necessary to implement the pur-
poses of this act and the zoning
ordinance." Therefore, the zoning
ordinance must have a sound purpose
section tied to the Comprehensive
Plan.
A conditional use is similar to a
special exception, but the governing
body rather than the zoning hearing
board maintains jurisdiction. A
hazardous waste TSD facility may be
handled as a conditional use rather
than a special exception because its
establishment can have a direct
effect upon everyone in the munici-
pality. Unlike a special exception,
the conditional use involves another
body of the municipality.
The Planning Commission first
hears the proposal of the developer.
The Planning Commission can also hold
public hearings to consider all argu-
ments for and against the proposal.
The Planning Commission then makes
its recommendation to the governing
body which makes the final decision.
The governing body must also hold
public hearings before making its
final decision. In this way, the
public has two opportunities in which
to voice its concerns. Many land use
proposals which can have a tremendous
impact on the municipality and affect
everyone in the municipality are
handled as conditional uses rather
than special exceptions.
The governing body must keep in
mind its limitations when making
special exceptions and conditional
uses. In Greene Twp. v. Kuhl, 379
A.2d 1383 (1977), the Commonwealth
Court ruled that "A local
municipality cannot set geological
or engineering standards stricter
than those established by DER for
issuance of its permits. However,
factors other than geological ones,
such as those involving aesthetics,
population density and accessi-
bility, govern the selection of a
landfill site, and these factors
are the appropriate subjects of local
land use planning." It should be
noted that this ruling was handed
down in 1977. Since then, the Depart-
ment of Environmental Resources has
adopted its Siting Criteria for TSD
facilities. When the municipality is
considering adopting zoning ordi-
nances or revising existing ordi-
nances, it should refer to the Siting
Criteria.
PREEMPTION
As stated earlier in Greene Town-
ship, supra: "A local municipality
cannot set geological or engineering
standards stricter than those estab-
lished by DER for issuance of its
15
-------
permits." Therefore, in regard to
geological or engineering standards,
the Department's standards override
those set 'by municipalities.
In addition, the Commonwealth has
reserved the right to supersede local
zoning ordinances through a Certifi-
cate of Public Necessity (CPN). The
CPN will be discussed in more detail
in Chapter VI. However, it should be
noted here. In Section 105 of the
Solid Waste Management Act, 1980 (Act.
97) the Environmental Quality Board
(EQB) has been given the power to
issue such an override. Section 105
(h) states that: "Issuance of a cer-
tificate of public necessity under
this section shall suspend and super-
sede any and all local laws which
would preclude or prohibit the
establishment of a hazardous waste
treatment or disposal facility at
said site, including zoning ordi-
nances. The suspension and super-
session is explicitly extended to
any person to whom such certificates
were issued for the purpose of
hazardous waste treatment or disposal
and to the successors and assigns of
such person." It thus can be con-
cluded that until a CPN is issued,
zoning ordinances will maintain
control.
CONCLUSION
Zoning is not a cure-all for the
land use problems of the munici-
pality. It cannot change past devel-
opment mistakes. However, it can
prevent unwise development and devel-
opment patterns from occurring in
the future. By zoning, a municipality
can maintain control over its growth
and development, providing a better
place for all residents to live,
work and play through logical and
orderly development. However, zoning
is only as good as the municipality's
Comprehensive Plan. If the Plan has
not been carefully thought out and
developed using well-formulated
studies, the subsequent zoning will
be ineffectual and may be found
invalid when challenged in the
courts.
Controlling uses of land is
beneficial. However, if the Plan has
not been closely followed and the
integrity of the Plan has been
changed by special zoning amendments,
haphazard development occurs. One
form of arbitrary rezoning known as
"spot zoning" leaves the municipality
open to challenges by prospective
16
-------
developers and makes it difficult for
a municipality to prove its case. A
court will look more favorably on a
municipality which has shown that it
has indeed planned for its orderly
growth and development and has
followed the plan that was developed.
It should be remembered that the
first step to zoning is the adoption
of a well-developed, well-thought-out
Comprehensive Plan. The Plan should
be closely followed to show that
zoning has taken place under careful
consideration. It should also be
kept in mind that involving citizens
in the early development of the Plan
will ensure that needs and concerns
of the citizens will be addressed and
that the Plan will serve everyone.
I Zoning is not a cure-all to solve all
the problems of a municipality. It
cannot be used to prohibit certain
kinds of development. However, if
properly done zoning can provide for
orderly growth and development in the
municipality.
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In 1980 the Pennsylvania General
Assembly passed the Solid Waste
Management Act (Act 97). This act
gave the Department of Environmental
Resources (DER) the authority to
adopt regulations for hazardous waste
treatment, storage and disposal (TSD)
facilities. DER was required to
develop, prepare and publish in the
Pennsylvania Bulletin preliminary
environmental, social and economic
criteria and standards for siting
hazardous waste treatment and dis-
posal facilities. Storage facilities
were not included.
The siting criteria were developed
under the guidance and with the
recommendations of the Solid Waste
Advisory Committee. After four years
of development, the final criteria
were published on September 21, 1985.
The siting criteria are divided
into two phases. Phase I is the
exclusionary phase. It identifies
areas of the Commonwealth where
hazardous waste facilities are pro-
hibited. If a specific site does not
meet the Phase I criteria, the permit
application is automatically denied.
Phase I also describes limited and
specific exemptions from certain
existing and proposed incineration
and treatment facilities. Phase I
criteria do not apply to existing
facilities or to modifications within
existing facilities.
The Phase II criteria are applied
-------
after the prospective facility site
passes the Phase I criteria. Phase
II is a site-specific analysis.
The siting criteria should be. of
great interest to elected officials
as the criteria will be used during
the permitting process to determine
where a hazardous waste facility may
or may not be placed. The siting
criteria will also be an integral
part of the hazardous waste manage-
ment plan and will be used during the
permitting process and by the
Environmental Quality Board (EQB)
when it is considering issuing a
Certificate of Public Necessity
(CPN).
PHASE I
Phase I of the siting criteria
contains the exclusionary criteria.
They restrict the siting of new
treatment and disposal facilities and
the expansion of existing facilities
into a new area. Phase I criteria do
not apply to existing facilities or
to modifications within the existing
facility site. If a new facility
does not meet the criteria for Phase
I, DER will not issue a permit.
Phase I criteria exclude landfills,
land treatment and surface impound-
ments from siting in certain loca-
tions. These exclusions are:
o "Locations within one-half mile
of a well or spring used for a
20
community water supply.
o "Locations within one-half mile
of either side of a stream or
impoundment for a distance of
five stream miles upstream of a
surface water intake for a
community water supply.
o "Locations within one-half mile
of an off-site private or non-
community public well or spring
used as an active water supply.
If the applicant provides and
bears the cost of an alter-
native, permanent source of
drinking water prior to the
opening of the facility, then he
may be excepted from this provi-
sion. Bottled water and water
tanks do not qualify as alter-
nate sources.
o "A hazardous waste landfill,
land treatment, and surface im-
poundment cannot be sited in a
100-year flood plain or larger
area which has been inundated by
the flood of record.
o "Treatment and incineration
facilities also cannot be sited
in a 100-year flood plain or
area that the flood of record
has inundated unless the indus-
trial use existed as of October
4, 1978 (effective date of the
Flood Plain Management Act, 32
P.S. Sections' 679.101
679.601).
-------
"Treatment and disposal facili-
ties cannot be sited in wetland
areas.
"Surface impoundments, land-
fills, and land treatment
facilities cannot be sited over
active or inactive oil and gas
wells or gas storage areas.
"Surface impoundments, land-
fills, and land treatment
facilities cannot be sited over
limestone or carbonate forma-
tions where the formations are
greater than five feet thick and
are present at the topmost geo-
logic unit.
"Treatment and disposal facili-
ties cannot be sited within
national natural landmarks or
historic sites unless the
statute under which these areas
have been made authorizes the
operation of facilities there.
"Treatment and disposal facili-
ties cannot be sited in state,
county, or municipal parks,
parks that are part of the
national park system, state
forests, the Allegheny National
Forest, state game lands,
Historical and Museum Commission
property, national wildlife
refuges, fish hatcheries and_
national environmental centers.
An exception is if the agency
administering these lands has
the authority to allow the
operation of the facilities on
those lands.
o "Treatment and disposal facili-
ties cannot be sited on agricul-
tural areas established under
the Agricultural Area Security
Act (3 P.S. Sections 901 - 915)
or Class I agricultural land.
o "Treatment and disposal facili-
ties cannot be sited in the
watershed of exceptional value
3
waters."
The exclusionary criteria may not
apply to a hazardous waste TSD
facility even though the area sur-
rounding the facility falls within
the Phase I exclusionary criteria.
For instance, a site that is sur-
rounded by a national forest, but is
not included in that forest area, is
not excluded. It is the applicant's
responsibility to prove that a parti-
cular site does not fall within the
exclusionary criteria. If the appli-
cant can demonstrate that the site is
not excluded in the Phase I criteria
and the site complies with all other
regulations, then that facility can
be permitted.
3 Criteria for Siting Hazardous Waste Treatment and Disposal Facilities.
25 PA Code Ch. 75. Pennsylvania Bulletin. Vol. 15, No. 38. pp. 3341 - 3342
Saturday, September 21, 1985. Harrisburg, Pennsylvania. '
21
-------
PHASE II
After a site has passed the Phase
I criteria, the Phase II criteria are
applied. Phase II criteria apply to
all hazardous waste treatment and
disposal facilities and modifications
to those facilities.
Phase II criteria contain the
cautionary criteria. These criteria
are site specific and contain
analyses of the environmental, social
and economic impacts the facility
will have. If a proposed site does
not meet all the criteria in Phase
II, then the applicant must submit
additional information so that DER
can determine the effect it would
have upoji the acceptability of the
facility site. At this point DER
will ask for information from munici-
palities and other interested persons
concerning the potential effects
failure to meet Phase II criteria
would have. The burden is on the
applicant to prove that placing a
facility on this site would not have
an adverse effect on the environment,
on public health and safety, or on
natural, scenic, historical, aesthe-
tic , or economic values. Failing
such assurances, proof must be made
that these effects can be mitigated.
. In Phase II, the applicant is
required to determine if any public
or private water supplies are down-
gradient of the proposed site beyond
the one-half mile limit. At this
time the applicant must provide
hydrogSologic studies describing the
groundwater flow pattern beneath the
site. DER may decide that potential
risk exists to the groundwater and
place into the permit conditions
which would either mitigate the risk
or require an alternative source of
drinking water. If DER determines
that the facility may contaminate
groundwater and that contamination
cannot be mitigated, then DER can
deny the permit.
The Phase II criteria include the
following conditions:
o "The applicant must determine
whether a proposed surface
¦impoundment, landfill, or land
treatment facility is within the
groundwater recharge area for
public or private water
supplies.
o "The applicant must show infor-
mation indicating whether the
facility will have an effect on
water supplies or water treat-
ment plants.
o "If the facility is within one
mile of a fault, then the appli-
cant must provide information in
order that the DER can assess
the compatibility of the pro-
posed facility design with the
faults in the area. Landfill,
22
-------
land treatment, and surface
impoundments can be sited one
mile or more from a fault.
"A landfill, surface impound-
ment, and land treatment
facility can be sited on an area
with a bedrock depth to fifteen
feet or more.
"Slopes of less than 15% are
acceptable for siting landfills,
surface impoundments, and land
treatment facilities.
"If the site is next to or on a
landslide-prone area, the appli-
cant must provide information
showing that the design measures
protect the facility from poten-
tial landslides.
"If abandoned oil and gas wells
and gas storage areas exist on
the proposed facility site, the
applicant must provide informa-
tion to allow DER to assess the
probability and degree of sub-
surface discharges to be
expected on the site after the
wells are plugged.
"If carbonate bedrock underlies
the proposed site of a surface
impoundment, landfill, or land
treatment facility, the appli-
cant must provide information to
allow the DER to assess the
prevalence of solution channels
and the potential for sinkholes
at the site.
o "Surface impoundments, land-
fills, or land treatment facili-
ties cannot be located in areas
of coarse unconsolidated depo-
sits such as well-sorted valley
fill deposits and heavily frac-
tured bedrock. For any other
type of facility which an appli-
cant wishes to place in such an
area, the applicant must provide
information to allow DER to
assess the facility site and to
determine the environmental im-
pact of these subsurface condi-
tions.
o "If a proposed treatment or
disposal facility is within a
five mile radius of an earth-
quake epicenter, the applicant
must provide information on
design measures which would
withstand a potential seismic
shock. DER will determine if
the proposed design measures
provide adequate protection from
potential earthquake damage.
o "A land treatment facility must
be placed on soil with a pH of
no less than 6.0.
o "A surface impoundment, land-
fill, or treatment facility must
be located so that the cation
-------
exchange rate in the soil is 15
milliequivalents per 100 grams
of soil or greater.
o "The applicant must own the
mineral rights of a proposed
facility site. The area where
the facility is to be placed
cannot have been mined
previously. This applies to all
surface impoundment, landfill,
and land treatment facilities.
o "If an area where any proposed
facility is to be sited has been
previously mined (includes deep
and surface mining), the appli-
cant must provide information to
allow DER to determine what
subsidence risks there are and
how the applicant proposes to
stabilize the area. The appli-
cant must provide assurance that
any minerals providing support
will not be mined.
o "Treatment and disposal facili-
ties can be sited in areas which
axe zoned industrial or which
are indicated as industrial in
officially adopted county or
municipal comprehensive plans or
land-use maps. If a proposed
site is not so designated, the
applicant must provide infor-
mation to allow DER to assess if
the proposed facility is compa-
tible with zoning and land use
controls. if no zoning exists,
then the applicant must provide
24
information to allow DER to
decide if the proposed facility
is compatible with existing¦ land
use.
o "Existing treatment and disposal
facilities which are currently
operating are considered to
comply with land use criteria.
o "Treatment and disposal facili-
ties must be located within five
miles travel distance of a'
limited access highway. If the
applicant cannot meet this
requirement, he must provide
additional information showing
the proximity of the proposed
site to the limited access high-
ways, the impact to the communi-
ty of the transportation corri-
dor, and the effect of the
operation of the proposed
facility. The applicant must
provide a plan for highway
improvements if necessary.
o "The transportation corridor
between the proposed facility
and the access to limited access
highways must have no more than
five residential dwellings per
road mile, and no schools,
community parks, or hospitals.
In addition, . there cannot be
more than four intersections per
mile. If the applicant cannot
meet these criteria then he must
provide additional information
to allow DER to assess the
-------
effect this would have upon
safety and traffic congestion.
"The applicant must provide
information to allow DER to
determine if adequate safety
services are available. These
include police, ambulance, fire
protection, and other necessary
safety services.
"Treatment and disposal facili-
ties are acceptable if sited not
less than one mile from an air-
port, school, community park,
hospital, church, retail center,
or nursing home.
"A treatment or disposal
facility is acceptable if it
does not adversely affect the
economy of the host municipality
and municipalities which are
contiguous to the transportation
corridor. The applicant must
provide information to DER if a
facility will result in net
revenue loss to local jurisdic-
tions to allow DER to assess the
compensation which is needed to
offset the actual net revenue
loss.
"If a treatment or disposal
facility will adversely affect
the local economy, the applicant
must provide information and
analysis to allow DER to assess
employment and future economic
development generated as a
result of the location of the
facility which may offset a
decrease in the local economy.
o "If a treatment or disposal
facility will result in a net
increase in cost to local
government for monitoring
facility, the applicant must
provide information to allow DER
to assess the need for compensa-
tion for technical assistance
which may offset these costs.
The applicant must assess provi-
sions for site access by local
government.
o "The applicant must provide
information and analysis to
allow DER to assess a change in
market value of property within
the local government caused by
operation of the treatment or
disposal facility and means by
which the proposed facility may
offset the change.
o "Section 75.450 defines criteria
which allow the DER to evaluate
the potential impact a proposed
treatment or disposal facility
would have on the natural,
scenic, historic, and aesthetic
values of the environment. If
the proposed facility will have
an impact, then DER will consult
with the applicant to determine
ways in which these potential
adverse effects can be
mitigated. If DER finds that
25
-------
significant environmental harm
will be incurred then DER will
evaluate the social and economic
benefits to determine if these
4
outweigh the risks."
ZONING AND THE SITING CRITERIA
It may appear to elected officials
that DER has taken control of siting
of a hazardous waste facility within
a municipality. Elected officials
may give up, feeling that their
authority has been taken away from
them and that they will not have any
control over the situation. -This is
not entirely true. While the
criteria are very specific concerning
siting of a hazardous waste facility,
the burden of proof that a facility
can be sited in a particular location
is upon the applicant. Therefore,
any information elected officials can
show to contradict the applicant's
information is valuable. In addi-
tion, elected officials can protect
the interests of their municipality
by assessing the municipality before
a developer proposes to build a
hazardous waste TSD facility in the
municipality.
First, elected officials can con-
duct an environmental survey of the
municipality. This should include
soil types, flood-prone areas, pre-
vailing wind directions, mined areas,
gas and oil well areas, wetlands,
carbonate bedrock areas, faults
(areas that may be prone to earth-
quakes), location of aquifers, areas
prone to landslides and special farm-
lands . This type of survey can
reveal if the municipality is a
reasonable choice for a hazardous
waste facility. It can also be
valuable information for other kinds
of development in the future.
Second, elected officials should
look at present land use patterns.
If development has occurred
haphazardly and if a hazardous waste
facility can be determined to be
compatible with the current land use,
there is a possibility that a hazard-
ous waste facility could be placed in
that location.
Third, elected officials should
look at the transportation corridors
leading to the municipality. This
includes proximity of limited access
highways to the municipality, size of
roads (two, four, or six lane roads),
weight limits on municipality roads,
whether or not the roads are paved
and structures along the transporta-
tion corridor (number of houses,
schools, hospitals, shopping centers,
4 Criteria for Siting Hazardous Waste Treatment and Disposal Facilities.
25 PA Code Ch. 75. Pennsylvania Bulletin. Vol. 15, No. 38. pp. 3342 - 3345.
Saturday, September 21, 1985. Harrisburg, PA.
26
-------
nursing homes, parks). Other items
which should be included in the
survey are intersections and traffic
signals, the number of bridges and
their weight limits.
Fourth, elected officials should
look at the existing services pro-
vided by the municipality. Police
and fire departments, rescue squad
ambulances, road maintenance, sewer
and trash services and any other
facilities needed to respond to a
possible chemical accident should all
be considered by elected officials to
determine the ability of the munici-
pality to meet the needs of a hazard-
ous waste facility.
Fifth, elected officals should
survey the tax base of the munici-
pality which includes residential,
industrial, commercial and Qther
sources of tax revenue. Elected
officials should also know the
average assessed value of property in
the area.
A HAZARDOUS WASTE DEVELOPER'S
SITING CRITERIA
When a potential hazardous waste
facility developer is considering a
site, he will look at several things.
He may consider a number of sites
before making a final decision.
First, he will have to . consider
the State Siting Criteria since he
will have to comply with those regu-
lations. Therefore, he will eliminate
areas which have been excluded in the
Siting Criteria.
Once he has identified possible
areas for siting a facility, he will
look at the proximity of the proposed
facility to major highways and to
generators of hazardous wastes. He
will not want to build a facility
hundreds of miles from waste genera-
tors as it will add to the cost of
transporting the wastes and will pose
additional risks for transportation
accidents.
A third consideration a facility
developer might look at is the
presence or absence of zoning in the
municipality. Without zoning it is
much easier for a developer to choose
a site within the municipality. He
will not have to seek a zoning change
or a special exception or a condi-
tional use permit. In addition, it
may not be necessary for a developer
to seek a Certificate of Public
Necessity to override any ordinance
which may prohibit a facility. See
Chapter III on Zoning.
A fourth consideration is the
availability of land in the munici-
pality which meets the state's and
developer's criteria.
27
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CONCLUSION
The State Siting Criteria have
been developed to protect the natural
resources and sensitive areas of the
Commonwealth as well as the health
and safety of the citizens of Penn-
sylvania . Certain areas and
resources which are particularly
sensitive have been excluded from
hazardous waste facilities. Other
areas have not been excluded, however
certain restrictions have been
developed to ensure that these areas
are protected.
Although" these criteria have been
developed, elected officials should
consider measures in which they can
protect their municipalities. One
such way is to zone a municipality to
keep separate residential, indus-
trial, • commercial and recreational
areas, protect landmarks, natural
areas, drinking water sources and any
other land uses which elected offi-
cials and residents feel should be
protected. In this way, many
different land uses will be provided
for while sensitive areas will be
protected and areas of natural and
historical significance preserved.
28
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|lllljll
-------
tor must submit an application to
DER. For existing facilities, a Part
A application is required and a Part
B may be required. For new facili-
ties an application sheet and a Part
B application are required. A hazard-
ous waste facility permit is valid
for not more than ten years. The DER
may elect to issue a permit that is
valid for less than ten years.
PART A
Part A contains general informa-
tion about the facility and about the
facility operator. The Environmental
Protection Agency identification
number, the official name and loca-
tion of the facility, the standard
industrial classification (SIC)
codes, the names of the operator and
of the owner and the current federal
and state permits are included in
Part A. This part also contains the
name of a contact person and mailing
address of the facility owner or
operator. Topographic maps showing
the boundaries of the facility, loca-
tions of intake and discharge struc-
tures, underground injection wells,
springs, surface water and wells
within one quarter of a mile of the
facility are also included in Part A.
Section XII of Part A describes the
processes used to treat, store or
dispose of hazardous waste. Section
XIII describes the hazardous. wastes
and the quantity of hazardous wastes
that are to be treated, stored, or
30
disposed of at the facility. Section
XIV includes drawings of the property
boundaries, areas occupied by stor-
age, treatment or disposal operations
that are used during interim status,
areas of past and future treatment,
storage and disposal activities, the
dimensions of the property boundaries
and all treatment, storage or dis-
posal areas. Photographs of existing
structures and existing areas for
treatment, storage or disposal are
included in Section XV of Part A.
PART B
Part B of the permit application,
which contains more specific informa-
tion about the facility and its oper-
ation, is submitted in two phases. A
report on the treatment, storage or
disposal operations of the facility
must be included in Part B. This
report contains information on the
operation plans, daily operation,
procedures, expected waste types,
sources and volume and on the unit
processes of the treatment, storage
or disposal facility. Maps and draw-
ings showing the site location, site
plan and general arrangement plans
and elevations are also included in
Part B, as well as design specifica-
tions, an environmental assessment
(Module 9) and compliance history of
the site owner and operator (Module
10).
-------
Operators of hazardous waste TSD
facilities must submit topographic
maps with Part B, showing within a
quarter of a mile of the facility
property line:
o "Previously mined areas.
o "Location of public and private
water supplies, wells, springs,
streams, swamps or other bodies
of water.
o "One-hundred-year flood plains.
o "Location of gas and oil wells.
o "Location of high-tension power
lines and pipeline rights-of-
way.
o "Location of geologic and
hydrologic features.
q "Traffic flow patterns.
o "Surrounding land uses."
Drawings and specifications must
be submitted with Part B showing:
o "Management of surface water.
o "Erosion control.
o "Revegetation procedures.
o "Site preparation.
o "Monitoring and measuring
devices.
o "Location and limits of
construction.
o "Location, description, and
purpose of existing easements.
o "Definition of all title, deed,
or usage restrictions relative
to the site.
o "Location of gas, oil, and
other wells and all on-site
utilities.
o "Location of on-site public and
private water supplies.
o "Cross sections showing
horizontal location.
o "Drainage grades.
o "Cross sections of access roads
and all-weather roads (identi-
fying construction material,
slopes, grades, and distances).
o "Surface drainage diversion
ditches, capacities, and calcu-
lations for ditch volume.
31
-------
o "Process and instrumentation
5
diagrams for unit processes."
In addition, reports detailing the
following are also required with Part
B of the permit application:
o "Operations, methods, prac-
tices, and all unit processes.
o "Waste types, volumes, and
sources.
o "All plans required by the
regulations that affect the
proposed facility and its
operation.
o "Quality control methods, pro-
cedures, and tests used during
construction.
o "Specifications detailing the
design requirements of the
quality of materials, workman-
ship of fabrication of the
project, type, size, strength,
operating characteristics, and
ratings of all major mechanical
and electrical equipment.
. . 6
o "As-built specifications."
DER may require additional informa-
tion before issuing or denying a
permit.
5 Pennsylvania Solid Waste Regulations,
Pennsylvania Bulleltin. pp. 74.205 -
Certain types of treatment,
storage, or disposal facilities must
submit additional information rela-
tive to that facility. Operators of
landfills, surface impoundments and
land treatment facilities must submit
additional information. This infor-
mation includes topographic maps
showing:
o "On-site or off-site borrow
areas.
o "Location of underground and
surface mines. This must also
include maps showing the extent
of the deep mine workings.
Other information which is
required to be submitted in Part B is
as follows:
0
o "Soils, geologic, and ground-
water report.
o "Environmental assessment
report.
o "Description of general opera-
tions, methods, and practices.
o "Compaction of solid waste.
o "Application of daily cover
material.
25 PA Code Ch. 75, Subchapter D.
'5.209. Harrisburg, Pennsylvania.
6 Ibid.
32
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"Elevation and grades of final
cover.
"Schedule of fillings.
"Location and limits of areas
previously filled.
"Interface details between
previously filled areas and
areas to be filled.
"Depth of soil available at the
site for suitable cover
material.
"Construction schedule.
"Groundwater contour map.
"Monitoring and measuring
devices.
"Revegetation procedures to be
used.
"Other information detailing
the operation of the facility
as required by DER.
"Any other information required
by DER.
THE APPLICATION PROCESS
AND COMMENTING
When an individual decides to
build a hazardous waste facility, he
must notify DER of his intent and
arrange a pre-application conference
with the Department. At this con-
ference DER familiarizes the appli-
cant with the application process,
the forms, procedures and the regula-
tions with which the applicant must
comply.
When the applicant submits the
application, DER publishes a notice
of intent in the Pennsylvania
Bulletin. DER must also directly
notify the county and the munici-
pality where the proposed facility is
to be sited that a hazardous waste
facility permit application has been
submitted. The host county and muni-
cipality have sixty days in which to
comment on the application. DER
cannot act before these sixty days
have elapsed.
The applicant publishes a notice
of application in a display ad in the
local daily newspaper that a hazard-
ous waste facility permit application
has been filed with DER. Within ten
Ibid.
33
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days after the applicant submits the
application he must send written
notice to the host municipality,
county, adjacent landowners and other
municipalities within a one-mile
radius of the proposed facility.
After DER has received the appli-
cation and has reviewed it, DER noti-
fies the applicant if the application
is complete or not. DER can request
additional information.
When DER begins its technical
review, it must issue a press release
notifying elected officials and the
public that it has begun the techni-
cal review and that comments may be
submitted during this period which is
at least sixty days. At this time
elected officials, residents or any
interested party can ask DER to
schedule a public meeting. DER must
release notification of the public
meeting at least fourteen days before
the scheduled date.
After DER has completed the tech-
nical review, it either approves or
denies the permit. DER issues a
press release to local daily news-
papers and local radio stations and
places a display ad in the local
newspapers. DER also sends copies of
the public notice advertisement to
county and host municipality offi-
cials. At least thirty days before
the public hearing DER issues its
intent to approve or deny the permit
application arid publishes this intent
in the Pennsylvania Bulletin. The
public hearing is held in or near the
host municipality. If, during the
hearing, it is found that significant
issues have been raised, DER can
extend the public review and comment
period until all of these issues have
been resolved to DER's satisfaction.
After the final permit or denial has
been prepared, a copy is sent to
county and host municipality offi-
cials. DER also prepares a fact
sheet and draft permit or permit •
denial and sends both to EPA.
If the permit is to be issued, DER
prepares a summary of the permit and
sends copies to the host county and
host municipality officials. DER
also publishes its action on the
permit in the Pennsylvania Bulletin
and issues a press release on its
final decision and the location of
copies of the final permit.
DER can override any comments sent
to it on a permit application. When
the Department does this, it must
send an override letter to the
conmentor stating the reasons why
those comments were overridden. This
decision can be appealed to the
Environmental Quality Board (EQB).
However, in order to do so, the per-
son, agency or local municipality
must have standing. To have standing
one must be affected by the facility.
34
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During the permitting process, the
applicant need not conduct any public
participation program or interact in
any way with the host municipality
other than publishing an advertise-
ment in the local newspaper that the
applicant has filed a permit applica-
tion. However, if the applicant must
eventually apply for a Certificate of
Public Necessity (CFN), then he must
show that he has conducted a
"meaningful public participation
program." This will be discussed
further in Chapter VI. Elected offi-
cials must remember that an applicant
may decide not to apply for a CFN if
there is no zoning or other local
laws in the municipality which pre-
clude or prohibit a hazardous waste
facility. See Chapter III on.Zoning.
Two large diagrams showing the permit
application process and the public
participation process associated with
the permit application process accom-
pany the handbook.
COMMENTING
will be affected by it should parti-
cipate in the permitting process at
every opportunity.
An elected official may comment on
anything that is contained in the
permit application and submit any
information to DER that the applicant
* or DER may be unaware of. This
information can include past mining
activities that were not mapped or
recorded. It can also include infor-
mation on private drinking water
wells or gas or oil wells in the area
of which the applicant or DER may not
be aware. Any information which an
elected official possesses that might
affect the issuance of a permit
should be made known to DER.
When commenting, an elected offi-
cial should avoid abstract statements
such as '"We don't want a hazardous
waste facility here because it will
lower revenues." Other statements
that should be avoided: "A hazardous
waste facility would cause bad health
effects." "The people in my communi-
ty don't like it and don't want it."
Statements such as these cannot be
acted upon by DER. DER's decision to
issue or deny a permit can only be
based upon environmental factors that
can be documented. DER cannot deny a
permit because a hazardous waste
facility is not wanted in the munici-
pality. Comments should be based on
facts that are substantive.
Elected officials have several
opportunities to comment on a permit
application but may choose not to do
so because of a perception of lack of
expertise. This should not deter
elected officials or anyone else from
making comments on a pepu.t applica-
tion and from expressing their con-
cerns. A hazardous waste facility
will have an impact upon the munici-
pality and therefore everyone who
35
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Comments which are valuable and
can be acted upon are those which
address the technical aspects of the
facility, the compliance history of
the operator, the environmental
impact and similar issues. It may be
a good idea for elected officials to
obtain the services of a professional
engineer, geologist or chemist for
assistance in commenting on the tech-
nical aspects of the permit
application.
Elected officials should consider
commenting on the following:
o Location of monitoring wells,
leachate collection systems.
o Design specifications which may
not mitigate potential contami-
nation or which would not
detect contamination.
o Knowledge of aquifers or past
mining in the area, and of oil
and gas wells.
o Compliance history of the
applicant. This includes com-
pliance to regulations in other
states as well as in Penn-
sylvania.
. o Conflict with zoning or other
ordinances in the municipality.
o Adequacy of an emergency res-
ponse plan.
36
o Stack heights or other engi-
neering features of incinera-
tors.
o Access routes to the facility.
Elected officials can also recom-
mend that certain items be incor-
porated into the permit. DER will
consider those recommendations and
may include them as conditions for
permitting.
As stated earlier, DER may over-
ride any comment, but must state in
writing the reasons for the override.
An override can be appealed to the
Environmental Quality Board (EQB).
LICENSING PROCESS —
THE TRANSPORTER
A transporter of hazardous waste
is required to obtain a license from
the Department of Environmental
Resources and is required to have an
identification number. To obtain an
identification number the transporter
submits a notification form to trans-
port hazardous waste. When DER
receives the form it assigns the
transporter a number. DER issues
licenses only to transporters who
have a terminal within Pennsylvania-.
A transporter who carries hazardous
waste through the Commonwealth and
does not have a terminal within
Pennsylvania need not notify DER or
obtain a license from DER.
-------
Once the identification number is
acquired, the transporter submits a
license application. The transporter
must also deposit a collateral bond
with DER. The collateral bond is for
at least $10,000. The bond is to
ensure compliance with the regula-
tions and with the conditions of the
license. The bond continues for the
duration of the license, for any
renewal of the license and for one
year after the license expires. A
license is valid for two years and
may be renewed. In addition, the
transporter must submit a certifi-
cate , issued by a Pennsylvania
insurance carrier, showing he has
public liability insurance.
When a transporter applies for a
license to establish a terminal for
vehicles carrying hazardous waste,
DER publishes a notice in the Penn-
sylvania Bulletin. DER also directly
notifies the host municipality. In
addition, DER notifies PennDOT, the
Pennyslvania Public Utilities Commis-
sion (PUC), U. S. Department of
Transportation (U.S. DOT) and appro-
priate agencies in states where the
firm does business. Elected offi-
cials as well as citizens can and
should comment on a transporter
license application.
A transporter may hold wastes at
his terminal for no longer than
seventy-two hours. If he keeps
wastes at the terminal for more than
three days, he must file a Prepared-
ness, Prevention, and Contingency
(PPC) Plan with DER. The PPC Plan
for transporters is similar to that
filed by operators of hazardous waste
facilities. In addition, a transpor-
ter who stores or treats wastes at
his facility must comply with regula-
tions regarding storage and treatment
facilities (Sections 75.264 and
75.265). He must submit a Part B
application and provide information
as required by DER. A transporter
who wishes to blend or mix hazardous
wastes of different U.S. DOT shipping
descriptions must comply with regula-
tions regarding generators of hazard-
ous wastes (Section 75.262).
When hazardous wastes are in
transport, the transporter must
comply with ciertain regulations. A
transporter must carry with the ship-
ment a manifest that has been com-
pleted by the generator. In addi-
tion, a transporter cannot accept
shipments of hazardous waste that are
not securely packed or properly
marked.
The transporter must develop and
file a contingency plan with DER. In
the event an accident resulting in a
spill or discharge should occur
during shipment, the transporter must
immediately notify the affected muni-
cipality, DER and the National
Response Center. The transporter must
clean up any spill occurring during
transport.
-------
COMMENTING
When a transporter submits an
application for a license to operate
a hazardous waste transporting ser-
vice, DER directly notifies the muni-
cipality in which the terminal will
be sited. In addition, DER notifies
PennDOT, PUC, the U.S. DOT and appro-
priate agencies in other states where
the transporter has terminals. This
is done to determine if the trans-
porter has complied with safety and
environmental laws. If the trans-
porter has outstanding violations,
then DER cannot issue a permit. DER
has no jurisdiction over safety vio-
lations which fall within the juris-
diction of PennDOT. DER has juris-
diction over environmental regula-
tions and tracks the movement of
hazardous waste to ensure that the
wastes are not being disposed of
improperly. If the transporter has a
past record of illegal dumping, or
non-compliance with environmental
regulations in Pennsylvania or other
states, the permit application can be
rejected.
DER has no jurisdiction over the
placement of the terminal. This falls
under the jurisdiction of the munici-
pality. The municipality may regulate
this type of activity by enacting
zoning ordinances or other laws.
Comments that are important and
appropriate for officials to make are
those on the environmental compliance
history of the transporter. If the
i a
elected official has knowledge of
non-compliance by a transporter, then
he should inform DER. Non-compliance
comments can include improper dis-
posal of hazardous waste, improper
storage or storing hazardous waste
without a permit and improper record-
keeping .
CONCLUSION
Because of the nature of a hazard-
ous waste facility and because of the
impact upon the municipality that the
siting of such a facility can have,
elected officials must become
involved in the permitting process.
During this process elected officials
have the opportunity to express con-
cerns about siting the facility with-
in the municipality. Elected offi-
cials should take advantage of these
opportunities and express their
opinions and concerns.
When commenting, elected officials
should not make abstract or general
statements that are difficult to
address. Elected officials should
make concrete, precise comments on
the engineering of the facility, the
hydrology of the area, the site loca-
tion, the emergency response plan,
the compliance history of the appli-
cant and should add any other infor-
mation that can assist DER in its
permitting decision. These kinds of
comments can be useful and meaningful.
-------
Again, the importance of zoning in
a municipality has been shown. With-
out zoning, a municipality has no
control over the siting of a terminal
for vehicles carrying hazardous
wastes or that of a hazardous waste
TSD facility. A municipality without
zoning should seriously consider en-
acting zoning ordinances, not only
for hazardous waste TSD facilities,
but for all types of land
development.
CERTIFICATE OF PUBLIC NECESSITY
INTRODUCTION
Elected officials should be parti-
cularly interested in the Certificate
of Public Necessity (CPN) since it
will "suspend and supersede any and
all local laws, including zoning
ordinances, which would preclude or
prohibit the establishment of a
hazardous waste treatment, storage or
O
disposal facility." This means that
any zoning ordinances or other laws a
municipality enacts to prohibit a
hazardous waste treatment, storage or
disposal (TSD) facility outright or
to make it extremely difficult to
site a hazardous waste TSD can be
overridden so that a hazardous waste
facility can be built.
8 Solid Waste Management Act, Article I,
Harrisburg, Pennsylvania.
The Environmental Quality Board
(EQB), not the Department of Environ-
mental Resources, has the power to
issue CPN's. Before a CPN is issued,
the Environmental Quality Board must
consider:
1. "The extent to which the faci-
lity is in conformance with
the Pennsylvania Hazardous
Waste Facilities Plan;
2. "The impact of the proposed
facility on adjacent populated
areas and areas through which
wastes are transported to such
facility;
Section 105 (h). p. 9. 1980,
39
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3. "The impact on the borough,
township, town or city in
which the facility is to be
located in terms of health,
safety, cost and consistency
with local planning; and
4. "The extent to which the pro-
posed facility has been the
subject of a public.participa-
tion program in which citizens
have had a meaningful oppor-
tunity to participate in
evaluation of alternate sites
or technologies, development
of siting criteria, socio-
economic assessment, and all
other phases of the site
selection process."9
In addition, the EQB will use the
Siting Criteria (see Chapter IV) when
considering issuance of a Certificate
of Public Necessity.
Before applying for a CPN, a
developer must have acquired the
necessary permits from the Department
of Environmental Resources or the
U.S. Environmental Protection Agency
(EPA). In addition, all impact
assessments and public participation
programs must have been implemented
by the developer prior to applying
for the CPN.
When the Environmental Quality
Board is considering an application
for a CPN, it must provide an oppor-
tunity for the public to comment on
the application and must consider
those comments when making a deci-
sion. In addition, the EQB must hold
hearings in order that the Board can
make a decision. "During all
deliberations of the board a repre-
sentative of the county and township,
borough or municipality affected will
be invited to participate."^ This
provides for an outreach to affected
municipalities so that they will have
every opportunity to participate in
this very important process. This is
an opportunity that should be taken
advantage of by local governing
bodies. This process, the commenting
period and public hearings are all
means by which elected officials can
make their concerns known to the EQB.
All of these should be used to - the
fullest extent.
This chapter will discuss the
Hazardous Waste Facilities Plan and
the public participation program that
have been developed so far and how
they will be a part of the CPN
process.
9 Ibid. Section 105 (f) (3). p. 9.
10 Ibid. Section 105 (i). p. 10.
40
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Hazardous Waste Facilities Plan
The Hazardous Waste Facilities
Plan was prepared by the Department
of Environmental Resources as
required by the Solid Waste Manage-
ment Act of 1980 (Act 97). Section
507 (a) states that "The Department
of Environmental Resources shall have
the power and authority to develop,
prepare and modify the Pennsylvania
Hazardous Waste Facilities Plan."1^
The Plan must include criteria and
standards for siting hazardous waste
treatment and disposal facilities, an
inventory of the sources of hazardous .
waste, and current hazardous waste
practices in Pennsylvania, a determi-
nation of future hazardous waste
facility needs, a strategy for imple-
menting methods, incentives and tech-
nologies for source reduction,
detoxification, reuse and recovery of
hazardous wastes, and identifying
necessary waste, disposal and treat-
ment facilities and their locations.
When the Environmental Quality
Board is considering an application
for a CPN, it must consider the need
for the particular type of technology
that is being proposed. Chapter 7 of'
the Hazardous Waste Facilities Plan
will play a major role in the EQB1s
decision-making process as it pro-
jects the kinds of technologies that
11 Ibid. Article V, Section 507 (a), p.
will be required to manage hazardous
waste in Pennsylvania and the capa-
city that is needed.
The findings of the report are
that Pennsylvania needs new hazardous
waste treatment and storage facili-
ties; that Pennsylvania needs plants
for incineration (70,000 metric tons
per year), wet air oxidation (45,000
metric tons per year), aqueous treat-
ment (300,000 metric tons per year),
and thermal destruction (40,000
metric tons per year); that resource
recovery plants are preferred over
treatment and disposal plants. The
report also finds that two land dis-
posal facilities with stabilization
are needed with one located in the
western half of the state and one in
the eastern half. Their combined
capacity should be 200,000 metric
tons per year. In addition, on-site
facilities may also be needed.
Many companies may elect to build
or expand their on-site TSD facili-
ties since they can more closely
monitor how their hazardous wastes
are handled. On-site facilities may
also reduce the amount of wastes that
are transported over the highways.
This may lead to an increase of
treatment, storage, and disposal
(TSD) facilities since a commercial
site handles wastes of many
companies, but an on-site facility
handles the wastes of only that com-
25.
41
-------
pany. It is important that elected
officials participate not only in the
event that a commercial TSD facility
is sited within their municipality,
but also when a generator proposes to
build a site at the place where
hazardous wastes are generated.
The Public Participation Program
When reviewing the application for
a CPN, the Environmental Quality
Board must also consider the "extent
to which the proposed facility has
been the subject of a public partici-
pation program in which citizens have
had a meaningful opportunity to par-
ticipate in evaluation of alternate
12
sites or technologies..." As of
this writing a "meaningful public
participation program" has not been
defined. The Department of Environ-
mental Resources with the guidance
and recommendations of the Solid
Waste Advisory Committee (SWAC) is
defining that phrase. A list of
members of SWAC is provided in the
appendices.
Conclusion
There are many stages to the issu-
ance of a Certificate of Public
Necessity. The EQB will consider
each hazardous waste TSD facility on
a case-by-case basis to determine if
all the criteria have been met by the
developer. If all the established
criteria have been satisfied and the
facility is determined to be in com-
pliance with the Hazardous Waste
Facilities Plan and the Siting
Criteria, then a CPN can be issued.
Elected officials and citizens
have opportunities to participate in
the siting process and to make their
concerns and opinions heard. Elected
officials will be invited by the EQB
to participate during all delibera-
tions of the EQB. Elected officials
should take advantage of every oppor-
tunity to participate in the siting
process. In this way, elected offi-
cials can ensure that the concerns
and needs of their municipality are
met while fulfilling their responsi-
bility as elected officials to pro-
tect the health, safety and welfare
of the residents of the municipality.
12 Ibid. Article I, Section 105 (f) (3) (iv). p. 9.
42
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VI. EMERGENCY
MANAGEMENT AND
RESPONSE
INTRODUCTION
The purpose of this chapter is to
provide local elected officials with
information to develop an emergency
response plan for their municipali-
ties. Although this chapter focuses
on emergencies involving hazardous
waste, it should be noted that this
information applies to the chemical
industry in general, hazardous waste
being a part of the chemical indus-
try. Under the Emergency Services
Code, the governing body must develop
an emergency plan and have an emer-
gency coordinator for all types of
emergencies whether they are natural
or man-made. Because the city, town-
ship, borough, town or home-rule
municipality is the first responder
to an emergency, it is imperative
that a viable plan be developed, an
emergency coordinator is appointed
and proper training and equipment is
provided for emergency services
personnel. Without a plan, a munici-
pality may find itself open to law-
suits should something go wrong
during an emergency response. With a
plan, the municipality can protect
itself from lawsuits by demonstrating
that an emergency plan had been
implemented during the emergency.
Ultimately, it is the responsibility
of every local government (as well as
the county in a coordinating role) to
develop an emergency response plan.
It is hoped that the information
43
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provided in this chapter will
encourage elected officials to study
the emergency management plans or
lack of plans in their municipalities
and to develop or improve those
plans.
LEGAL AUTHORITY
In 1978 the Pennsylvania General
Assembly passed the Emergency Manage-
ment Services Code, Title 35, P. L.
707, No. 230, Part V. This code
established the Pennsylvania Emer-
gency Management Agency and author-
ized and directed each municipality
to establish a local emergency
management organization (coordinator)
and emergency plan. Under this code,
each municipality is responsible for
emergency planning, response and
recovery within its boundaries. The
code mandates that each municipality
shall:
1. "Prepare, maintain and keep
current a disaster emergency
management plan for the pre-
vention and minimization of
injury and damage caused by
disaster, prompt and effective
response to disaster and dis-
aster emergency relief and re-
covery in consonance with the
Pennsylvania Emergency Manage-
ment Plan.
2. "Establish, equip and staff an
emergency operations center,
44
consolidated with warning and
communication systems to sup-
port government operations in
emergencies and provide other
essential facilities and equip-
ment for agencies and activi-
ties assigned emergency
functions.
3. "Provide individual and organi-
zational training programs to
insure prompt efficient and
effective disaster emergency
services.
4. "Organize, prepare and coordi-
nate all locally available man-
power , materials, supplies,
equipment, facilities and ser-
vices necessary for disaster
emergency readiness, response
and recovery.
5. "Adopt and implement precau-
tionary measures to mitigate
the anticipated effects of
disaster.
6. "Execute and enforce such rules
and orders as the agency shall
adopt and promulgate under the
authority of this part.
7. "Cooperate and coordinate with
any public and private agency
or entity in achieving any
purpose of this part.
8. "Have available for inspection
at its emergency operations
-------
center all emergency management
plans, rules and orders of the
Governor and the agency.
9. "Provide- prompt and accurate
information regarding local
disaster emergencies to appro-
priate Commonwealth and local
officials and agencies and the
13
general public."
The local government is also res-
ponsible for the direction of dis-
aster emergency management services
within its boundaries. If two or
more municipalities are involved,
then the county assumes responsibili-
ty during an emergency. The Pennsyl-
vania Emergency Management Agency
(PEMA) assumes responsibility when
two or more counties are involved.
If all resources and forces at the
local level are committed, assistance
from the county or state is provided.
A municipality may also call in
assistance from other units of go-
vernment if it determines that addi-
tional assistance is needed.
Many municipalities have found
that their budgets will not allow for
an expansion of emergency equipment
or that their operations are too
small to be " efficient. For many
municipalities, entering into mutual,
aid agreements have enabled them to
expand their scale of operations
while reducing unit costs and
increasing efficiency. Subchapter A
Section 7504 (c) of the Emergency
Management Services Code states that,
"County and local coordinators of
emergency management shall develop
mutual aid agreements with adjacent
political subdivisions for reciprocal
emergency assistance..." Through mu-
tual aid agreements, a municipality
can pool its resources with other
municipalities and increase its
effectiveness when responding to an
emergency. These agreements have
enabled small municipalities to have
access to specialized services and
have provided for back-up and stand-
by resources in the event of heavy
demand during an emergency. Agree-
ments have enhanced performance capa-
bilities and have provided flexibili-
ty for altering arrangements as con-
ditions change. However, mutual aid
agreements are not without
disadvantages.
Mutual aid agreements have raised
legal and liability questions. What
legal responsibilities has a munici-
pality incurred by entering into an
agreement? Which municipality is
liable in the event of an error
during an emergency response? Are
all municipalities entered into the
agreement liable? Agreements also
change operations procedures and
require closer coordination among the
13 Emergency Management Services Code. P.L. 707. No. 230. Part V.
Chapter 75. Subchapter A. Section 7503. 1978
45
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municipalities involved. Delays in
calling for assistance, lack of back-
up staff for units at the scene and
over-response can occur. In addi-
tion, questions of who has the
authority to make decisions during an
emergency response and to request
additional assistance have been
raised.
COMPREHENSIVE EMERGENCY MANAGEMENT
A disaster does not suddenly
happen. A hazard exists, but some-
thing must occur in order for it to
turn into a disaster. A river which
calmly flows through a town may
become a raging torrent because of a
bursting dam, causing a disaster.
Likewise, a hazardous waste facility
may operate safely most of the time,
but because of human error or equip-
ment failure may release toxic chemi-
cals into the air, water and soil
causing a disaster. Trucks routinely
carrying hazardous chemicals to a
facility without mishap may develop a
leak or become involved in an acci-
dent causing a disaster. Being pre-
pared for such a disaster is only one
phase of emergeny management. There
are four phases of Comprehensive
Emergency Management — mitigation,
preparedness, response and recovery.
MITIGATION-
/ \
PREPAREDNESS RECOVERY
T5T? OT>nvrOT?
RESPONSE
MITIGATION: Mitigation is taking
steps to eliminate or reduce the
risk of a disaster occurring.
This can be done by routing a
truck carrying hazardous materials
around densely populated areas or
over less hilly or narrow roads, i
A hazardous waste TSD facility can
be placed away from populated
areas or closer to interstate'
highways to avoid additional
transport of the wastes.
PREPAREDNESS: Preparedness is
planning how to effectively res-
pond to a disaster. It entails
developing an emergency plan,
training emergency personnel, and
identifying and acquiring
resources to respond to a dis-
aster. Without proper preparation
it is difficult to respond effec-
tively and to reduce the risk of
greater loss of life and property.
-------
RESPONSE: Response is the actual
carrying out of the emergency plan
by providing assistance to the
victims of the disaster and reduc-
ing the likelihood of secondary
damage.
RECOVERY: Recovery is the period in
which a normal or near normal
state returns. Short-term reco-
very may include returning victims
to their homes, providing them
with temporary water supply and
initial clean-up of a spill.
Long-term recovery may include
providing a new permanent water
supply, removing contaminated soil
or relocating residents to new
permanent housing. During
recovery, ways to mitigate future
disaster should be explored. The
emergency .plan should also be
reviewed during this period to
determine how well it worked and
to identify any weaknesses in the
plan and ways to strengthen it.
DEVELOPING A PLAN
Because emergencies are similar, a
generic plan can be written for all
types of emergencies. The generic
plan or municipal plan contains a
section preceding the basic plan, the
basic plan and annexes. The section
preceding the basic plan gives the
plan its status as an authoritative
document.
It contains the record of changes,
annual review and table of contents.
The basic plan contains the referen-
ces the plan is based on; purpose,
hazards in the municipality, goals
and objectives; description of emer-
gency management organizations;
operations; responsibilities of
various agencies involved in an emer-
gency and their tasks; direction and
control, administration and defini-
tions. This section outlines juris-
dictional responsibilities including
broad policies, plans and procedures.
The annexes are the functional
areas of the plan. They are specific
as to what each function is, and how
and when it is carried out.
Representatives from the community
should be involved during the
development of the plan. These
representatives should include po-
lice, firemen, elected officials,
agencies involved as support groups
during an emergency (i.e. Red Cross,
Salvation Army) and interested resi-
dents in the community. It is the
responsibility of the local Emergency
Management Coordinator (EMC) to iden-
tify who the representatives should
be, to assemble the group and to lead
the discussion. After everyone has
had input, the EMC writes the plan.
An emergency plan should be useful
and flexible. It should not be so
cumbersome as to make it difficult to
implement. Not all variables can be
foreseen in the plan since during an
47
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emergency variables such as wind
direction and weather can change.
However, certain considerations
should be addressed. The following
section will discuss the part of the
plan that will deal with emergencies
posed by hazardous waste facilities
and transporting hazardous wastes.
Municipality Information
Before writing the hazardous
wastes emergency plan, basic infor-
mation should be gathered about the
municipality. A very useful tool is
a map of the municpality showing
major highways, secondary roads, and
access roads to the facility. It is
a good idea to plot the route 'or
routes that trucks carrying hazardous
wastes to the plant will routinely
travel. In addition, the map should
show the location of the facility as
well as the areas of the municipality
which are vulnerable to spills or
releases occurring at the facility or
along the truck routes. A streams
map showing all bodies of water
within and flowing through the muni-
cipality is also a useful tool. In
addition, the drinking water intakes
along these water bodies should be
plotted on the map. This information
will be useful if a spill should
occur and enter a stream, river or
reservoir used as a source of drink-
ing water. The names and phone num-
bers of the contact persons at the
water authorities should be included
48
in the plan. Identify residents of
the municipality who are using .wells
as a source of drinking water.
Determine if these wells are vulner-
able to a spill occurring at the
facility or to a spill caused by a
transportation-related accident.
Vapors from volatile organic
chemicals have been known to spread
throughout sewer systems and enter
homes. Therefore, information on the
municipality's sewer system should
also be gathered. Is the sewer sys-
tem vulnerable to a chemical spill?
If so, how can this be prevented?
All shelters, medical facilities
and emergency management stations
should also be plotted on the map.
This information can be used if resi-
dents must be evacuated. It can also
be used to keep track of buildings
that might be vulnerable during an
emergency should wind direction
change.
Facility Information
Identify the hazards associated
with the facility and with trans-
porting chemicals to the facility.
What technology will be used at the
facility—incineration, neutraliza-
tion, solidification or disposal? If
the facility is using disposal, what
kind of disposal method will be prac-
ticed—landfill, open pit, landfarm-
ing, deep well injection? What"kinds
-------
of wastes will be treated? What is
the layout of the facility? Obtain
blueprints . of the facility for this
information. In the event a spill or
other release occurs at the plant,
emergency personnel can identify the
section in which the release
occurred, know where the exits are,
determine where to seal off the plant
if necessary, etc. Know who the
operator of the facility is and who
is in charge during an emergency.
Work with the facility's emergency
response team and include them when
developing the plan. Conducting
joint drills can be useful to the
municipality's emergency response
team as well as to the facility's
response team.
Warning System
A system warning residents of a
toxic release is essential in any
emergency plan. Some chemicals are
so toxic that only a small amount may
seriously injure or kill thousands.
A disaster such as this occurred in
Bhopal, India, in December, 1984.
There may be only minutes available
to evacuate residents from the area
to safety. There are many types of
warning systems a municipality may
use. It is up to the EMC to deter-
mine which will work best for the
municipality. Many municipalities
use a siren to notify residents of an
impending disaster. These work well
to notify large numbers of people in
a short amount of time. However,
residents must recognize the siren so
that it isn't confused with a fire
siren or other signal. In addition,
the hearing-impaired will not know
the siren has sounded. Those people
must be notified another way. The
residents must also know in which
direction to evacuate so that they do
not head into the path of a toxic
cloud.
Another method of notification is
using a truck with a bullhorn. This
too can notify many residents in a
short amount of time. The residents
can also be told in which direction
to evacuate and to what shelter they
should go. Again, the hearing-
impaired must be notified by other
means as they will not hear the bull-
horn.
One county in western Pennsylvania
has developed a warning system where-
by phones are rung simultaneously in
the homes of those who are affected
by a spill or release or other emer-
gency. The residents are then told
to listen to a predetermined radio
station for further details. This
can work well. However, if immediate
evacuation is necessary, valuable
time can be lost.
A type of block watch can be
developed as another method of noti-
fying residents of an emergency.
This system involves identifying
residents living within proximity of
49
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the facility who are interested in
being a part of an emergency alert
team. Three or four people from each
block would be on a team. They would
work closely with the emergency
management organization to develop
the program. They would be notified
to evacuate and, in turn, would
organize residents on their block to
evacuate and lead the evacuation to
the designated shelter. This can
provide for a more orderly evacuation
and ensure that those who are handi-
capped or elderly would be assisted
in evacuating.
Any of these methods or a combina-
tion of methods can be used to
develop an emergency evacuation pro-
gram. It is the decision of the
governing body as to which plan would
best suit the needs of the munici-
pality.
Emergency Management Coordinator
Every municipality must have an
emergency management coordinator
(EMC) in accordance with the Emer-
gency Services Code. The coordinator
works for and is responsible to the
governing body. The governing body
sets the direction, programs and
policies for emergency management in
the municipality. The emergency
management organization is not a
substitute for or an addition to the
police, fire, ambulance, Red Cross or
other community emergency functions.
50
Its purpose is to coordinate all of
these services and manage them in the
event of an emergency in the muni-
cipality. For this reason, a police
chief, fire chief or person per-
forming some other type of emergency
response should not be appointed
emergency management coordinator.
During an emergency, the police or
fire chief will be involved in res-
ponding to the emergency and will not
be able to coordinate all the activi-
ties of the various departments res-
ponding to that emergency. It is
therefore wise to appoint someone
whose sole job will be to coordinate
emergency response activities during
an emergency.
The coordinator is recommended by
the executive officer or governing
body and is appointed by the gover-
nor. The coordinator is responsible
for:
1. "Coordinating with other local
emergency service agencies.
2. "Attending and successfully
completing Phase I training
within one year after ap-
pointment .
3. "Attending and successfully
completing Phase II training
within three years after
appointment.
-------
. "Attending other training and
workshop sessions scheduled by
the director of PEMA.
. "Preparing and maintaining a
disaster emergency management
plan.
. "Establishing, equipping, and
staffing an emergency opera-
tions center (EOC).
. "Organizing and coordinating
all locally available man-
power , materials, supplies,
equipment, and services neces-
sary for disaster emergency
readiness, response, and
recovery.
I. "Recommending preventive mea-
sures to reduce disaster
effects.
"Having available current
rules and regulations issued
by PEMA and the governor.
. "Providing prompt information
regarding local disasters to
appropriate Commonwealth and
local officials or agencies
and the general public.
"Developing mutual aid agree-
ments with other munici-
palities."'''^
14 Pennsylvania Emergency Management
Pennsylvania: Pennsylvania Emerg
Emergency Services Code, Chapter
75, Subchapter A, Section 7502 (a)
states the responsibilities of the
local coordinator of emergency
management: "Each local organization
of emergency management shall have a
coordinator who shall' be responsible
for the planning, administration, and
operation of the local organization
subject to the direction and control
of the executive officer or governing
body."
Emergency Services
Personnel Training
Elected officials should provide
funds for training of all emergency
personnel in the municipality. Only
with adequate training will emergency
personnel be able to respond effec-
tively and safely to a disaster.
Funding for proper equipment should
also be included in the budget. If
the facility has an emergency res-
ponse team, the municipality's emer-
gency personnel should participate in
joint training sessions. All of
these can be negotiated before the
facility is built.
Training should include instruc-
tion in the proper use of equipment,
proper procedure in responding to a
chemical spill and identification of
the Department of Transportation pla-
cards which are required to be
Agency. The Local Coordinator's Handbook,
sncy Management Agency, (1984), pp. 2-3.
¦ 51
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affixed to trucks carrying hazardous'
materials.
Emergency personnel should be
trained to do fundamental air tests
and be able to identify incompatible
chemicals. Emergency personnel
should also be trained to identify
the toxicity and health hazards of
certain chemicals. Many training
programs are conducted throughout the
Commonwealth. One such program is
held, at the Fire Training Academy in
Lewistown, Pennsylvania. The aca-
demy provides training in responding
to hazardous materials spills as well
as training in identifying hazardous
materials. The training is free to
all municipal fire departments.
Because responding to chemical emer-
gencies is a specialized and danger-
ous field, all first responders
should be thoroughly trained and
aware of what is happening at the
scene of a chemical spill.
Equipment
The municipality should take an
inventory of its equipment to identi-
fy what equipment is needed to res-
pond to a hazardous waste spill.
Needed equipment should be acquired.
This can be included in the nego-
tiating agreement discussed in
Chapter VIII.
Establishing Rapport
with Facility Operator
Establishing rapport with the
operator must be done during the
siting process. This can be helpful
when gathering infomation about the
facility and about the wastes the
facility will be handling; when co-
ordinating emergency response pro-
grams, training emergency personnel,
and acquiring equipment; and when
requesting other support from the
facility operator. It is easier to
work from a cooperative position,
rather than an adversarial one. By
working from a cooperative position,
it will be much easier to obtain the
information that is needed and to
acquire the tangible items, such as
equipment needed to respond to an
emergency.
Making Emergency Management
Plan Public
The emergency management plan
should be available for public re-
view. The plan should be available
in the municipal building, as well as
the library, or other public place
where the residents of the munici-
pality will have easy access to it.
In this way, residents can become
familiar with the plan and learn what
to do during an emergency. In addi-
52
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tion, residents have the opportunity
to make comments and suggestions.
This ensures that everyone's concerns
are addressed and makes for a more
effective, workable plan.
Testing the Plan
The plan should be tested to
ensure its effectiveness and to
ensure that all personnel are pro-
perly trained and know what their
part is during an emergency. By
testing the plan, the EMC can iden-
tify weaknesses in the plan, deter-
mine if it is workable and make
changes. Through testing, the EMC
can develop a plan that is workable
and satisfies the needs of the
municipality.
THE FACILITY OWNER'S
RESPONSIBILITIES
Regulations promulgated under Act
97 [P.L. 380, No. 97, 1980, Section
75.264, (g) (h) (i)] define the res-
ponsibilities of owners of hazardous
waste TSD facilities in emergency
preparedness and prevention at the
facility.
The owner must take precautions to
prevent ignitable or explosive wastes
from coming into contact with flames
or substances which could cause the
wastes to catch fire and/or explode.
The facility must be designed,
constructed, operated and maintained
in such a way as to minimize the
possibility of fire, explosion or
release of hazardous waste. In addi-
tion, the facility must be equipped
with an alarm system, telephone
communications to request emergency
response teams outside the facility,
equipment to extinguish fires and to
contain spills, and adequate water
supplies. If the owner can demon-
strate that the equipment listed
above is not necessary to handle the
hazards of the wastes, then this
equipment need not be present at the
facility.
Owners of a facility need only
attempt to familiarize local firemen,
police and emergency response teams
with the layout of the facility and
with the properties and hazards of
the wastes handled at the facility.
Should state or local authorities
decline to enter into an arrangement
with the facility owner to become
familiar with the facility, the owner
will document this in the operating
record. Local authorities would have
lost an opportunity to learn about
the facility and its hazards. This
can make it much more difficult when
responding to an emergency at the
facility and make it difficult to
ensure the health, safety and welfare
of the residents of the municipality.
In addition, the municipal liability
could be much greater if a facility
53
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operator's cooperative advances were
rebuffed.
The owner must also comply with
other regulations. A Preparedness,
Prevention and Contingency (PPC) Plan
must be developed. The PPC must list
the names, addresses and phone num-
bers of facility employees who are
designated as emergency coordinators.
The PPC must also describe the
arrangements the owner has made with
local emergency response teams, as
well as hospitals and state emergency
response teams for responding to
spills and releases at the facility.
A copy of the PPC must be submitted
to the county emergency management
agency, local fire departments, hos-
pitals, police departments and emer-
gency response teams.
TRANSPORTER'S RESPONSIBILITIES
A transporter of hazardous waste
must also comply with regulations
promulgated under Act 97. The trans-
porter must develop a contingency
plan in the event a spill occurs. He
must immediately notify the munici-
pality in which the spill occurs. He
is also responsible for clean-up of
the hazardous waste and he must
ensure that the wastes are no longer
a hazard to the health and safety of
the public or to the environment.
The transporter is also respons-
ible for training personnel and
proper safety when transporting
hazardous waste. Certain equipment
must be available in the event a
discharge occurs either during load-
ing or unloading of the waste. This
equipment includes protective cloth-
ing and first aid supplies.
CONCLUSION
Although hazardous waste facility
owners and transporters of hazardous
waste must comply with emergency
contingency regulations, it is the
ultimate responsibility of the
elected officials to develop an emer-
gency management plan for their
municipality. The governing body is
mandated to develop an emergency
management plan and to have an emer-
gency management coordinator for the
municipality. The governing body
should not rely upon the facility
owner to develop the plan for the
municipality. Instead, the elected
official should work with the facili-
ty owner to develop a plan which is
workable and protects the health,
safety and welfare of the residents
of the municipality.
54
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INTRODUCTION
As the shortage of hazardous waste
treatment, storage, and disposal
(TSD) facilities grows more critical,
elected officials are increasingly
faced with the possibility of a faci-
lity being located in their munici-
pality. When a developer approaches
the municipality to build a hazardous
waste facility, the general feeling
may be that there is no choice but to
accept or to reject the proposal.
However, this is not the only choice.
The governing body as well as the
residents can negotiate with a
developer.
Many governing bodies have not had
negotiating experience. Some do not
even know they can negotiate when
faced with this issue. If they are
aware of the possibility of negotiat-
ing, they may be unfamiliar with its
mechanisms. What a governing body
negotiates for is unique to the needs
of that particular municipality.
This chapter is designed to give
elected officials ideas on what they
can negotiate, how to go about nego-
tiating and what they should be aware
of when negotiating.
55
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WHY NEGOTIATE?
The primary reasons for elected
officials to negotiate is to protect
the interests of the residents of
their community. While a hazardous
waste TSD facility benefits society
as a whole, the costs and impact to
the host community may outweigh this
benefit.
The elected officials' immediate
concern is to protect the health and
welfare of residents. They also want
to ensure that the property values do
not decline and that the water
supplies are not contaminated. They
may have other concerns unique to
that community. Through negotia-
tions, elected officials can bring
these concerns to the attention of
the facility developer. Negotiation
provides elected officials and resi-
dents with the opportunity to have
meaningful input into the siting
process.
Because of an override clause in
Pennsylvania's law, it may well be in
the best interests of a municipality
to negotiate with a developer. This
override (Certificate of Public
Necessity, CPN) is discussed in more
detail in Chapter V. It allows the
developer to build a facility after
he has received all the proper state
permits and has established a heed
for the facility. It supersedes all
local laws and zoning ordinances.
However, the developer must demon-
strate that he has conducted a
"meaningful public participation pro-
gram" when he requests a CPN. It is
not mandatory that a developer con-
duct the public participation pro-
gram. He can risk that he will not
have to request a CPN and therefore
not conduct the public participation
program. This is especially true if
the municipality has no zoning ordi-
nance or other local laws.
By negotiating in good faith with
the developer, the governing body may
also avoid a lawsuit being filed
against the municipality by the
developer. This can save the munici-
pality money. Should the munici-
pality lose, the residents would have
to accept the facility without their
k
needs or concerns being addressed.
Although elected officials may
negotiate with a developer, the
developer may be dissatisfied with
the results and try to obtain a CPN
and/or file a lawsuit against the
municipality.
WHEN SHOULD NEGOTIATIONS BEGIN?
Informal negotiations can begin
before the application is made to the
Department of Environmental Resources
(DER). Formal negotiations should
begin at the time the governing body
of the host municipality receives trie
56
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application. At this time, elected
officials can discuss with the devel-
oper special exceptions to the zoning
ordinance (discussed in more detail
in Chapter III). If applicable, a
hearing can be set to establish cri-
teria for such an exception. These
criteria can become the negotiating
items.
WHAT IS NEGOTIABLE?
Many municipalities will be
tempted to make a "shopping list" of
demands in return for allowing the
siting of a hazardous waste facility.
Many of these items may appear un-
realistic or unfulfillable to a
developer. At this point negotia-
tions could break down. Therefore,
elected officials must objectively
assess the situation and determine
the impact the facility will have on
the community and how this impact can
be mitigated and/or compensated.
Mitigation lessens the adverse
impact of the facility on the munici-
pality. It is more cost effective to
prevent an adverse effect than to fix
it after it has happened. Mitigation
has a positive effect in that it
demonstrates the developer's commit-
ment to the municipality, thereby
establishing his credibility. It
also minimizes the problem of
estimating the cost of impacts and
negotiating compensation.
When elected officials feel that
the facility is not environmentally
or structurally sound or is inappro-
priate (aesthetically or socially)
for their municipality, they can
negotiate for items which would miti-
gate these adverse impacts. Negoti-
able items include additional land
purchases by the developer to
increase the buffer zone between the
facility and nearby residences. The
governing body can also negotiate for
widening and upgrading of access
roads to the facility and for hours
of operation. Again these factors
are unique to the community involved.
It is imperative that the governing
body assess the situation as objec-
tively as possible to understand how
the facility would operate and its
potential, impacts on the community.
The governing body should conduct
public meetings and form an advisory
committee of residents of the munici-
pality to ensure that legitimate
concerns of the residents are
addressed.
Since many impacts of a facility
cannot be mitigated, compensation can
be negotiated. Compensation is reim-
bursement of the costs of adverse
impacts to individuals or to the
municipality as a whole. Compensa-
tion addresses unavoidable, intan-
gible, and uncertain effects.
Unavoidable effects such as deterio-
ration of roads due to increased
57
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traffic are measureable. Intangible
effects, such as the quality of life
or.community image, are difficult to
measure. Uncertain effects are
difficult to predict. They include
impacts such as a trucking accident
or damage to the facility due to a
tornado, flood or other natural
phenomenon.
Compensation can take the form of
monetary payments, in-kind replace-
ment of affected resources or
services, contingency funds,
insurance or land value guarantees
and payments.
Monetary payments are made direct-
ly to an affected individual, group
or municipality. The elected offi-
cial may find himself in a difficult
position if he is negotiating actual
monetary payments. He can be per-
ceived as being bought off. However,
he can negotiate to establish a pro-
gram that would enable individuals or
groups who would be affected by the
facility to negotiate on their own
behalf. Elected officials can nego-
tiate for such things as additional
fire equipment because of the new
facility. A correlation can be drawn
- the burden is acquisition of addi-
tional fire equipment and the pay-
ment is compensation for this burden.
Payments can be either one-time or
continuing. They may be earmarked
for a fund to be used for a specific
activity such as emergency response
or road improvement. Because the
future value of monetary payments can
decrease, one-time and continuing
payments must be calculated differ-
ently. Another consideration when
negotiating monetary payments is the
change in the magnitude of effects in
the future. In order to address
these changes, a strategy for review-
ing and revising a negotiated agree-
ment may be inserted into the basic
agreement. This would require
periodic review and renegotiation of
monetary payments.
In-kind replacement of services or
resources are attractive alternatives
which can be used to offset municipal
costs. The developer may find it
easier to make a monetary payment
because he is unable to provide the
service or the resource. Some in-
kind payments are one-time while
others are continuing commitments.
In-kind services or resources can
include accepting and treiating
hazardous wastes generated by the
host municipality and households in
the municipality, building a park for
the community, training local emer-
gency response teams, repaving access
roads and restoring property.
Contingency funds and insurance
are compensatory items. These com-
pensate for adverse occurrences which
are difficult to predict and unlikely
to occur. Contingency funds can
guarantee that an operator would
58
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comply with performance requirements
and protect against unexpected
events. Performance requirements
include operation, maintenance and
closure of the facility. These can
be calculated in advance. Unexpected
events such as fires, spills and
accidents cannot be predicted and
therefore are difficult to calculate
in advance. Federal and State laws
and regulations have required facili-
ties to obtain assurances of finan-
cial payment to provide for unfore-
seen occurrences.
In 1982 the U.S. Environmental
Protection Agency (EPA) issued regu-
lations under the Resource Conserva-
tion and Recovery Act (RCRA), requir-
ing owners/operators of hazardous
waste facilities to have liability
insurance or show financial strength.
Because of the current crisis in
obtaining liability coverage, owners/
operators can self-insure if they
meet the requirements of the Penn-
sylvania regulations for self-
insurers. Owners/operators are also
required to demonstrate the ability
to pay for sudden accidental occur-
rences in the amount of $1 million
per occurrence or $2 million annual
total, exclusive of legal defense
costs. Owners and operators of land-
fills, surface impoundments and land
treatment facilities are subject to
additional coverages for nonsudden
occurrences and accidents.
In addition to liability
insurance, owners/operators must also
satisfy requirements for financial
Assurances of closure and post-
closure care. These can include
trust funds, surety bonds, letters of
credit and closure and post-closure
insurance.
Subchapter E of Pennsylvania's
hazardous waste regulations (title
25, chapter 75) established financial
requirements for owners/operators.
The owner/operator of a hazardous
waste facility is required to file a
bond with DER. Liability is for the
duration of the operation of the
facility and up to 10 years after
final closure. The Secretary of DER
determines the amount of the bond
based upon the total estimated cost
to the Commonwealth to complete final
closure of the facility and post-
closure care. All facilities are
bonded for at least $10,000.
Although federal and state laws
require certain financial assurances,
the governing may negotiate addi-
tional financial assurances. These
can include those listed above or
others such as:
o Hazardous waste fund - funds
the operation or maintenance of
a facility, clean-up of acci-
dents, or payment of personal
damage claims.
59
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o Emergency response fund - funds
clean-up of accidents and pays
damages in unexpected hazardous
waste events. .
These funds are financed in several
ways. They can be state-supported,
developer-supported or both. The
drawback to developer supported funds
is that a mechanism is needed to
determine when the situation warrants
expenditures from the fund and what
those expenditures should be. The
developer and the governing body can
negotiate whenever an event occurs or
the decision can be made by a court,
by the State or by a mediator. How-
ever, valuable response time would be
lost in this process.
Individuals as well as the govern-
ing body may want to negotiate for
compensation of decreased property
value. While property values may
decrease with the establishment of a
facility, the amount of decrease will
be difficult to calculate. Two kinds
of property value can be negotiated.
The developer can . purchase the
property at fair market value from
the owner or can make a payment which
reflects the decrease in value to the
property owner. In the case of the
latter, an agreement should be made
as to when this payment would be
made, i.e. when the property is sold,
after the facility is in operation,
but within a time limit or when
approval for operation of the facili-
ty is made. Only individuals who
owned property before the facility
was built should be compensated.
Those buying the property later will
have already been compensated through
the lower market price. However,
future property values will depend on
adverse occurrences in the future.
The new owner may want to discuss
this with the operator.
The governing body will be inter-
ested in reduction of property
values, since this will probably mean
lower tax revenues from those proper-
ties. An agreement can be negotiated
whereby the developer makes continu-
ing as-needed payments to offset the
loss in tax revenue.
For more information on calculat-
ing compensatory payments and loss of
property value, the governing body
should refer to the EPA book on Using
Compensation and Incentives when
Siting Hazardous Waste Management
Facilities (See Appendix).
The governing body can also nego-
tiate for a team to monitor the
facility. This team should be com-
prised of individuals from the
community. Ideally, they should be
persons who are respected by the
community and represent varying
degrees of expertise and interests,
such as engineers, chemists, environ-
mentalists, attorneys, adjacent land-
owners, or residents of the
community. The team can monitor the
60
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THE FUNDAMENTALS OF NEGOTIATION
NEGOTIATION
PREPARATION
o Identify and define issues.
o Define objectives.
o Develop position and proposals
for each issue.
o Gather factual information
required to support your
positions.
o Select negotiating team; assign
roles; choose spokesperson.
o Develop groundrules for
negotiating team — signals,
when to caucus, etc.
o Spokesperson presents position
and handles all communications
with other parties at the
negotiating table.
o Caucus when situation requires
discussion among members of
negotiating team. Don't hold
such discussions at the table.
o Keep careful written notes on
proceedings.
o Observe "do's" and "dont's" of
negotiation.
o Assign priorities to objectives;
decide which cannot be compro-
mised and which can serve as
tradeoffs.
o Consider positions and strate-
gies likely to be advanced by
other parties; decide how you
should respond.
o Decide how and when to communi-
cate with your constituency
during negotiations.
From: New England Regional Commission. Negotiating to Protect Your
Interests. A Handbook on Siting Acceptable Hazardous Waste
Facilities in New England. Boston, MA. 1980.
61
-------
facility on a regular basis and issue
a report to the community on its
inspections. If it finds any prob-
lems with the facility, these should
be reported to the DER. A monitoring
team can help to allay the fears of
residents in the community by
reducing suspicions,that the opera-
tor, local government or the regula-
tory agency are not being open about
the operations of the plant. It can
also establish goodwill between the
community and the operator.
After the team has been formed, a
spokesperson who will represent the
team at the negotiation sessions
should be chosen or appointed by the
governing body. The team then should
identify and define the issues and
their objectives. It should develop
positions and proposals on each of
these issues for approval by the
governing body.
HOW TO NEGOTIATE
Many elected officials will be
hesitant or refuse to be the negotia-
tor. An elected official should not
be expected to be the only negotia-
tor. He is at a disadvantage since
he cannot possibly represent all the
interests of the governing body and
the community. The governing body
should be the negotiator through an
elected official or through a hired
professional. The negotiator should
62
be supported by a broad-based
advisory committee that reports to
the governing body which instructs
the negotiator. The advisory
committee should include property
owners in the community as well as
adjacent communities, environmen-
talists, emergency response teams,
and local officials from the munici-
palities affected by the facility.
The team should conduct a research
program. The team can be divided
into committees, with each committee
assigned a specific topic to
research. For example, one committee
can gather information on the
company's compliance history, another
can gather information on the techno-
logy which will be used and another
can gather information on environ-
mental impacts (See Appendix on
gathering information). After the
information has been gathered, the
committees discuss their findings.
A position on each issue should
then be developed as well as alter-
native positions. The initial posi-
tion should be the most ideal outcome
for the municipality, i.e. construc-
tion of access roads to the facility
which can handle the increased
traffic and weight. The fallback
position would be an acceptable pro-
posal, i.e. major upgrading of exist-
ing roads to handle the increase in
traffic and weight. The last pro-
posal would be the absolute minimum
-------
DO'S OF NEGOTIATIONS
DONT'S OF NEGOTIATIONS
PRIOR TO NEGOTIATIONS
Agree to negotiate only with
representatives of legitimate
stakeholders.
Prepare thoroughly.
Aim for accommodation and com-
promise rather than "win" or
"wipe out".
NEGOTIATIONS
Be calm and cool.
Be personable; use names; be
respectful.
Be confident in yourself and
in the process.
Be flexible.
Be reasonable.
Listen carefully.
Keep meeting focused on the
issues.
Sell your ideas persistently.
Phrase questions for a
positive response.
Study alternatives and new
information.
Caucus when necessary, but
don't keep the other side
waiting too long.
Avoid intimidation.
Respect confidentiality.
Express appreciation of time
and effort expended by
others.
Close on a positive note.
PRIOR TO NEGOTIATIONS
Don't underestimate other
parties.
Don't overestimate yourself, your
team, the justification of case
or strategies.
Don't wait to prepare.
Don't talk loosely about your
plans or attitudes toward other
parties.
NEGOTIATIONS
Don't argue publicly among your-
selves; save it for the caucus.
Don't lose your temper.
Don't waste people's time.
Don't l-ist priorities of the
other side.
Don't escalate demands or present
surprises.
Don't oversell.
Don't react too unfavorably to
your own mistakes; don't be
defensive; don't blame; don't
apologize.
Don't rush the other side.
Don't be pressured; if you have
doubts, delay.
Don't be afraid to let issue stay
on table.
Don't keep worrying about the end
result. "
Don't end meeting on negative
note.
Do not ever make promises you
cannot keep.
Do not ever lie.
Do not ever assume.
From: New England Regional Commission. Negotiating to Protect Your
Interests. A Handbook on Siting Acceptable Hazardous Waste
Facilities in New England. Boston, MA. 1980.
63
-------
that is acceptable, i.e. upgrading of
access roads. This is somewhat less
than the fallback proposal. All
positions should be reasonable.
Reasonableness of the positions of
the other side should also be con-
sidered. The bottomline proposal
should be the final proposal. The
other side's reactions to the pro-
posals should be anticipated and a
response prepared.
There are three considerations
when negotiating. First, the setting
of the negotiation. By conducting
the negotiations in a place familiar
*
to the local official, the speed of
the negotiations can be controlled.
Also, the negotiations should be held
at a round or rectangular table
rather than a lecture type setting.
This places everyone at an equal
level and eliminates the "power"
perception.
Second, when negotiations appear
to be breaking down or reach an im-
passe, a mediator may be called in to
resolve the problems. The mediator
must be acceptable to all sides and
have a neutral position. He should
know something about the issues. He
should know how to negotiate and
should understand the technical
aspects of the issue as well as the
regulatory, legal, and political
aspects.
Last, the help of technical exper-
tise should be enlisted. At some
point in the negotiations, something
could occur which the spokesperson
did not anticipate or know about. He
may have to make a decision as to
whether to accept or reject the pro-
posal or to make an alternative pro-
posal. With technical backup these
issues can be addressed and alter-
native proposals made.
After the negotiations are com-
pleted, the terms which the governing
body and the developer have agreed
upon can become the criteria for a
special exception.
Remember, a municipality cannot
relax or change its zoning ordinances
or its sub-division ordinances to
accommodate a hazardous waste facili-
ty or to exclude a hazardous waste
facility. However, it can make pro-
visions as special exceptions, allow-
ing a developer to build the facility
on a particular site provided he
operates at certain hours or does not
transport hazardous waste on certain
roads or at certain hours. Items
such as these can be negotiated and
can become "special exceptions".
This will be discussed in further
detail in Chapter III, Community
Planning and Zoning.
64
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USING A MEDIATOR
WHY WOULD A MEDIATOR BE NEEDED WHAT IS THE MEDIATOR'S SOLE
1. Parties are unable to over-
come inflexibility of their
positions by themselves.
2. So many issues are open to
discussion that parties find
negotiations unmanageable.
3. Parties need a mediator to
explore and narrow the
differences between them.
4. To furnish the parties with
a realistic look at their
demands and the possibility
of obtaining them.
5. To discourage the "special
pleading" demands of a few
individuals within a
bargaining group.
6. To give the parties some
idea of how their positions
look to an impartial person.
7. If the leadership of any
party does not feel free to
have private meetings with
another, the mediator can
serve as a conduit through
which positions privately
expressed may be communi-
cated in a neutral and non-
committal manner.
1. To act as a catalyst for
negotiations.
2. To translate positions and
proposals into terms that can
be understood by all parties.
3. To help parties present their
positions in a manner and
sequence that contribute to
productive negotiations.
4. To open discussion in areas
not previously considered, or
inadequately analyzed.
5. To help parties assign
priorities to issues and
goals.
6. To get each party to consider
seriously the other parties'
perspectives, concerns, and
goals.
7. To help parties narrow the
gap between their positions.
8. To maintain a productive pace
for the negotiations.
9. To exert pressure to keep
negotiations moving toward a
settlement.
From:
New England Regional Commission. Negotiating to Protect Your
Interets~ A Handbook on Siting Acceptable Hazardous Waste
Facilities in New England. Boston, MA. 1980.
65
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VIII. COLLECTING
AND DISSEMINATING
INFORMATION
INTRODUCTION
Elected officials should be well
informed when facing a situation such
as the siting of a hazardous waste
facility within the municipality.
They must collect as much information
as possible about the developer
(applicant), the site, the type of
wastes that will be handled at the
facility and the type of facility
that is proposed (i.e., disposal,
treatment or incinerator). Elected
officials need this information so
they can make informed comments on
the permit application and decisions
which might have far-reaching
effects. Collecting this information
will be time-consuming and will
require the assistance of many
people. Considering the longterm
effects such a facility could have
upon the municipality, the amount of
time and effort invested in the
beginning will pay off in the end.
Elected officials should not be
hesitant to ask residents in the
municipality to take part in this
research. They should call public
meetings to alert residents of a
proposed site and to keep them in-
formed. They should invite residents
to participate in the siting process
and to work with them. Some resi-
dents may already have begun their
-------
own research. By working together
much time, money and effort can be
saved.
This chapter will discuss the
kinds of information elected offi-
cials should be collecting, where to
get that information and how to make
the information available to the
residents of the municipality. These
are only- suggestions to get the
researchers started. As the
researchers counduct their investi-
gations, they may find other methods
that work better for them. They
should adopt methods which best suit
their needs.
COLLECTING INFORMATION
As stated above, elected officials
should enlist the assistance of as
many people as possible to help col-
lect the information. These people
should include residents of the com-
munity as well as the elected offi-
cials and members of the planning
commission, zoning hearing board,
emergency response coordinators and
any other boards, commissions or
committees already in existence. If
possible, individuals with technical
training or knowledge should be
encouraged to participate. These
individuals can include those with
expertise in engineering, geology,
hydrology, environmental science,
emergency management, soils and other
disciplines. A committee or task
force should be formed from this
group to conduct the research and
other investigations.
After the committee is formed,
each individual should be assigned a
specific task to perform. These
tasks can include such things as
reviewing specific segments of the
permit application, contacting out-
of-state agencies and officials,
gathering maps, charts, graphs, con-
tacting federal agencies and offi-
cials, etc. Municipalities that have
had experience in the permitting
process for a hazardous waste facili-
ty should be contacted for informa-
tion. The committee should meet
regularly to discuss the information
that is obtained and to determine if
additional information is needed. If
the elected officials should decide
to negotiate with the developer, this
information will be extremely
important.
WHAT INFORMATION
SHOULD BE COLLECTED
Information about the developer,
the facility itself, the wastes and
the site should be collected as soon
as it is learned that the municipali-
ty may be the host site. A good
starting point is the permit applica-
tion itself. The Department of
Environmental Resources is required
to send a copy of the permit applica-
tion to the host municipality and
68
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county. It is a good idea to enlist
the assistance of an engineer on the
task force to review the permit
application and any technical in-
formation. If one is not available
in the municipality, elected offi-
cials may want to hire an engineer
to assist in reviewing this infor-
mation.
After reviewing the permit appli-
cation, the task force can begin to
collect additional information that
the group feels is lacking in the
application or information to answer
questions that may have been raised
during the review. The table below
lists some questions about the faci-
lity and its owners.
o Who are the owners of the facility?
o Is the facility owned by individuals or by a corporation?
o Will the owners also operate the facility?
o If not, who will operate the facility?
o Is the facility a division of a larger corporation?
o If so, what is the name of that corporation?
o Who is the president? Who is on the board of directors?
Who are the major stockholders?
o Who will manage the facility (name)?
o who is in charge at the facility? Who is second in charge?
o Who is the emergency coordinator? Who is the backup
emergency coordinator?
o Where is the corporate headquarters?
o Do the owners have any other hazardous waste facilities?
o If so, where are they located?
o What is the owners' compliance history in operating the
facilities?
o What is the owners' experience in handling hazardous waste?
o What are the owners' assets?
o Do the owners have liability insurance? If not, can they
get insurance? If not, how do they propose to insure the
facility? '
o How will emergencies, i.e., spills, explosions, releases be
handled?
o What safety measures will be used to mitigate any spills or
releases?
o How will the owners notify the municipality of an emergency?
o What is the evacuation plan?
69
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Information about the facility and
about the site should also be
collected. While much of this infor-
mation is in the permit application,
the task force should collect addi-
tional information. Some of this
information may already be known to
members of the group (i.e., mining
practices in the area, previous uses
of the site that may not have been
recorded, etc.). Additional research
should be done to get as much infor-
mation as possible. The table below
lists some questions about the pro-
posed site.
o Where is the proposed site?
o What kinds of land uses surround the site, i.e., farm,
industrial, commercial, residential?
o How large will the site be?
o How much of that acreage will the facility occupy?
o How much will be buffer?
o What was the previous use of the site, i.e., farm,
industrial, woodland, mining, etc.?
o Has any mining occurred on or near the site?
o If so, is the site stable?
o Are any community or private wells on or near the site?
o Are there any aquifers on or near the site?
o What is the topography of the site location, i.e., flat,
hilly, mountainous, etc.?
o What is the geology of the site?
o What is the prevailing wind direction?
o What is the average precipitation?
o Is the municipality's drinking water supply in danger
of being contaminated?
o How will the wastes be transported to the site, i.e.,
truck, rail, water?
o Along what routes will the wastes be transported?
o will the wastes be transported through sensitive areas
of the municipality?
o What is the expected life of the facility?
o What are the known health risks of the wastes?
70
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The table below lists some questions
about operation of the facility.
o What kind of facility is proposed, i.e., disposal (includes
landfill and surface impoundments), treatment or incinerator?
o Will the facility be part of an industrial park?
o Will treated or burned wastes be disposed on the site or
transported to another location?
o What kinds of wastes will be handled?
o From where will the wastes be transported? What industries
will the facility be serving?
o What is the projected volume of wastes that will be handled
at the facility daily?
o What is the projected volume of traffic?
o What are the proposed hours and days of operation of the
facility?
o Can noise and odor problems be expected? How will these be
controlled?
o will wastes be stored at the site? How long?
o What is the storage capacity?
o Has the proposed technology been used before or is it a new,
innovative technology?
o If this technology has been used in the past, is it effective?
Would another technology be more appropriate?
Questions about the municipality are
listed in the table below.
o What effect will the facility have on the municipality?
o Will there be a decrease in revenue?
o How will the facility affect the. municipality's liability
insurance?
o What costs will the municipality incur?
- fire protection
- police protection
- road maintenance
71
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WHERE TO GET THE INFORMATION
As already stated, much of the
information that local officials
should have will be contained in the
permit application. However, local
officials should conduct their own
investigations to obtain information
which may have been omitted in the
permit application or information
which would clarify information in
the permit application.
The permit application will be
sent to the host municipality.
Others who are interested in obtain-
ing a copy of the permit application
can obtain it from their regional
Department of Environmental Resources
office. A list of the regional
offices along with the addresses and
telephone numbers is located in the
appendices. To get additional infor-
mation, elected officials will have
to make inquiries to other Penn-
sylvania state agencies, federal
agencies and out-of-state agencies.
It is also a good idea to contact
environmental organizations, citi-
zens ' groups and local government
organizations for information. Form-
ing a network with these groups will
enable elected officials to collect
information more efficiently and in
greater depth. Following is a list
of some agencies elected officials
should contact:
Pennsylvania State Agencies
1. Department of Environmental
Resources
Bureau of Waste Management
Bureau of Resources
Programming
Bureau of Water Quality
Management
Bureau of Air Quality
Bureau of Mines
2. Fish Commission
3. Game Commission
4. Pennsylvania Historical and
Museum Commission
5. Pennsylvania Department of
Transportation
6. Attorney General
Out-of-State Agencies
The environmental enforcement
agencies of different states go by
various names. These may include:
Environmental Protection Agency
(Ohio)
Department of Environmental
Protection (New Jersey)
Department of Health
Department of Health and
Environmental Resources
Department of Natural Resources.
-------
Federal Agencies
Miscellaneous Organizations
o
1. U.S. Environmental Protection o
Agency o
2. U.S. Geologic Survey
3. Internal Revenue Service o
4. U.S. Army Corps of Engineers o
5. Department of the Interior o
National Park Service
Fish and Wildlife Service
6. Forest Service
7. U.S. Soil Conservation
Service
8. U.S. Heritage Conservation
and Recreation Service o
9. Federal Insurance
Administration
10. Bureau of Dams and Waterway o
Management
11. Federal Bureau of
Investigation (FBI)
These are only a few examples.
Other enforcement agencies in states
where the developer has operated
facilities should also be contacted.
These can include attorney general
offices as well as other environmen-
tal agencies, historical landmark
agencies, etc. The more information
local officials collect, the more
prepared they will be to deal with
the facility siting process.
Municipal authorities
Water authorities
Emergency management
organizations
County planning departments
Councils of Government (COG)
Local government organizations
Association of Township
Supervisors
League of Municipalities
County Commissioners
Association
League of Cities
Municipalities that have been
involved in a hazardous waste
facility siting issue
Citizen and environmental
groups
Environmental Defense Fund
(EDF)
National Wildlife
Federation (NWF)
Citizens Advisory Council
(CAC)
Group Against Smog and
Pollution (GASP)
Citizens Against Toxic
Sites (CATS)
Pennsylvania United to
Rescue the Environment
(PURE)
Concerned Residents of the
Yough (CRY)
League of Women Voters
73
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Sierra Club
Federation of Sportsmen's
Clubs
Citizens Clearinghouse for
Hazardous Wastes
Pennsylvania Environmental
Council
o Citizens who have been
involved in a hazardous
waste siting issue
These are a few of the organiza-
tions elected officials should con-
tact to get information and assis-
tance. A listing of these organiza-
tions, addresses and phone numbers is
in the appendices. Remember, the
more informed elected officials are,
the better they will be able to sup-
port their position in a negotiating
session or at a public hearing. An
informed elected official is better
able to protect the interests of the
municipality and to provide for a
better place for everyone to work,
live and play in.
DISSEMINATING INFORMATION
Any and all information that the
task force acquires should be made
public to avoid any appearances that
elected officials or the task force
is dealing secretly with the
developer.
Information should be in an easily
accessible location such as the pub-
lic library or possibly the municipal
building. It should be in a place in
the building that is also easily
accessible and available during the
day, evening and weekend.
Elected officials should hold
regular public meetings to inform the
public about the investigation and
its progress and to give the public
the opportunity to ask questions
about the facility and the status of
the project. It is the responsibili-
ty of the elected officials to devise
a method which is best suited to them
and to the residents of how the
information should be collected and
made public.
Elected officials should remember
that the residents of the municipali-
ty should be encouraged to partici-
pate in the investigations, all
information should be made available
to the public, the investigation
should be conducted openly and public
meetings should be called regularly
to keep everyone informed.
74
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IX. BIBLIOGRAPHY
-------
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Conflict Resolution Organizations, Practitioners and Researchers,
pp. 1 - 15. Palo Alto, CA. 1980.
Second Class Township Code. Act of May.l, 1933 (P.L. 103, No. 69). As
amended. Local Government Commission. Harrisburg, PA. 1982.
Simon, Jack. Westmoreland County Emergency Management. Greensburg, PA.
Interview, September, 1985.
Snyder, Clyde. Westmoreland County Emergency Management. Greensburg, PA.
Interview, January 17, 1986.
Stevens, Steve. Citizens Against Toxic Sites. New Castle, PA. Interview,
April 2, 1986.
Sunny Farms, Ltd. v. North Codorus Township and O.U.C.H. 474 A.2d.56 (PA.
1984).
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Susskind, Lawrence. Citizen Participation in the Siting of Hazardous
Waste Facilities: Options and Observations. Prepared for the National
Governor's Association Sub-Committee on the Environment. November, 1980.
Thorpe, William. Pennsylvania Emergency Management Agency. Harrisburg,
PA. Interview, January 13, 1986.
U.S. Environmental Protection Agency. State Decision-Makers Guide for
Hazardous Waste Management. Washington, DC. 1977.
U.S. Environmental Protection Agency. Using Compensation and Incentives
When Siting Hazardous Waste Management Facilities. SW-942. Washington,
DC. 1982.
U.S. Environmental Protection Agency. Using Mediation When Siting
Hazardous Waste Management Facilities. SW-944. Washington, DC. 1982.
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X. APPENDICES
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GLOSSARY
Abandoned Site An inactive hazardous waste disposal or storage facility
which cannot be traced to an owner or whose owner cannot afford the cost of
cleanup or a location where illegal dumping has taken place.
Abatement A method of reducing the degree of pollution or the use of such
a method. '
Absorption Hazardous waste treatment which involves adding materials to
the waste to decrease its fluid content.
Access Road Any road providing access to a treatment, storage or disposal
area within a facility site, suitable for use by transport and emergency
vehicles in all types of weather.
Acid A hydrogen-containing compound which reacts with water to produce
hydrogen ions; a proton donor; a liquid compound with a pH of less than or
equal to 2. Acidic chemicals are corrosive. Examples of acids are hydro-
chloric acid (HC1) and sulfuric acid (I^SO^).
Act of God An unanticipated natural disaster or other natural phenomenon
of an exceptional, inevitable and irresistible character, the effects of
which could not have been prevented or avoided by the exercise of due care
or foresight, such as a flood, earthquake or storm.
Act 97 See Solid Waste Management Act, Pennsylvania.
Activated Carbon A highly absorbent form of carbon used to remove odors
and toxic substances from gaseous emissions or liquid effluents.
Active Portion A portion of a facility where waste treatment, storage or
disposal operations are being conducted.
Acute Health Effects Health effects that occur or develop rapidly after
exposure to a substance.
Acutely Hazardous Waste A waste that presents a substantial hazard
whether improperly managed or not. EPA includes in this category waste
shown to be fatal to humans in low doses, those shown in mammalian studies
to have specific toxicities, and explosives.
Adhesion Molecular attraction which holds the surfaces of two substances
in contact, such as water and rock particles.
Aerobic Life or processes that occur in the presence of oxygen (C^);
growing only in the presence of oxygen, such as aerobic organisms; decaying
only in the presence of oxygen, such as aerobic decomposition.
Aerosol Solid or liquid particles, usually less than one micron in dia-
meter, suspended in a gaseous medium.
Air Monitoring The continuous sampling for and measuring of, pollutants
in the atmosphere.
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V
Alkali (Base); substance which reacts with water to form hydroxide ions;
a liquid compound with a pH greater than or equal to 12.5. Alkaline
chemicals are corrosive. A base accepts protons; examples of bases are
sodium hydroxide (NaOH) and ammonia (NH ).
Alum Chemical substance (usually potassium aluminum sulfate) that is
gelatinous when wet; used in water treatment plants for settling out small
particles of foreign matter.
Ammonia Stripping The method used in the treatment of ammonia-bearing
wastes. By stripping alkaline aqueous wastes with steam in a special
column, the ammonia readily condenses and can be reclaimed for sale. This
process leaves liquids almost completely free of ammonia. It can also be
used to remove various volatile and organic contaminants from the waste
stream.
Anaerobic Life or processes that occur in the absence of oxygen; growing
in the absence of oxygen, such as anaerobic bacteria; decaying in the
absence of oxygen, such as anaerobic decomposition.
Analysis The separation of a compound into its constituent parts; the
breaking down of a complex substance into simpler substances.
Appointing Authority The mayor in cities; the chairman of the board of
commissioners in counties; the council in incorporated towns and boroughs;
the board of commissioners in townships of the first class; and the board
of supervisors in townships of the second class.
Aqueous Pertaining to, similar to, contained in or dissolved in water.
Aqueous Treatment A hazardous waste treatment system designed to remove
contamination from water so that it can be returned to the environment
safely.
Aquifer Geological formation, group of formations or part of a ground
formation which is usually gravelly or porous and capable of yielding water
to wells or springs.
Aromatic Pertaining to the six-carbon ring configuration of organic
compounds such as benzene and its derivatives.
Article A manufactured item which has been formed to a specific shape,
with a use or uses dependent in some way on its shape or design and which
does not normally release or result in exposure to a hazardous chemical.
Ash The incombustible material that remains after a fuel or solid waste
has been burned. May also include combustibles that, for whatever reason,
did not burn.
Asphyxiants Volatile substances which induce anoxemia or an equivalent
condition. They interfere with either the supply or the utilization of
oxygen.
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At Bisk An individual or group who, because of particular biological,
lifestyle and/or occupational/environmental exposures, have an increased
likelihood of developing a disease or disability. This individual or
population is said to be at risk for that disability/disease due to the
presence of any one or a combination of the above-mentioned factors.
Bacteria Single cell, microscopic organisms that possess rigid cell
walls. These are sometimes used in biological treatment processes of
hazardous wastes.
Basal Cell Carcinoma The most common type of skin cancer. It forms in
the lowermost layer of the skin, grows slowly and seldom spreads. It is
easily detected and readily cured when treated promptly.
Base See Alkali.
Base Soils Unconsolidated material (sand, gravel, silt, etc.) separating
the lower limits of refuse from groundwater and bedrock.
Basin Any uncovered device constructed of artificial materials used to
retain wastes as part of a treatment process, usually less than 100,000
gallons. Examples include open mixing tanks, clarifiers and settling
tanks.
Benign Tumor An abnormal swelling or growth that is not a cancer and is
usually harmless.
Berm A ledge or shoulder, as along the edge of a paved road.
Bioaccumulation The process that occurs when toxic substances are passed
up the food chain from soil to plants to grazing animals to humans. The
concentration of e.g. toxic substances increases in organisms the higher
they are in the food chain.
Bioassay The use of living organisms in the laboratory to determine the
biological effect of some substance, factor or condition.
Biochemistry The study of the chemical structure and the chemical func-
tion of all living organisms.
Biological Hazardous Wastes Any substance of a human or animal origin
other than food wastes which are to be disposed of and could harbor or
transmit pathogenic organisms, including but not limited to pathological
specimens such as tissues, blood elements, excreta, secretions, bandages,
and related substances.
Biological Magnification The concentration of substances in organisms
higher in the food chain. A very important mechanism in concentrating
pesticides and heavy metals in organisms such as fish.
Biological Treatment A process where micro-organisms are used to degrade
organic wastes and to render hazardous wastes non-hazardous or reduce their
volume.
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Blood Count An examination of the blood to count the number of white and
red blood cells and platelets.
Body Burden The amount of a harmful material in the body at a given time.
Bottom Ash The non-airborne combustion residue from burning pulverized
coal in a boiler. This material falls to the bottom of the stack and is
removed mechanically. (Can also be from other combustible material such as
trash paper etc.)
Brine Water saturated with or containing large amounts of salt.
Buffer Zone The minimum acceptable space between the active portion of a
hazardous waste facility and the facility property line. This area is
designed to reduce visual impacts, noise and odors and to lessen public
health risks associated with accidental or gradual releases of hazardous
substances. State or local standards normally determine the minimal width
of a buffer zone.
Bureau of Waste Management The branch of DGR which is responsible for
planning, directing, evaluating, coordinating and organizing a statewide
waste management and enforcement program including the Hazardous Waste
Management Program.
By-product A material produced during the manufacturing process, in
addition to the main product. It may be a waste or a commercial product.
Byssinosis One of the dust diseases; it is often called the brown lung
disease. Whatever the name, cotton dust, flax or hemp breathed into the
lungs over a period of time may harm the lungs.
Cancer A large group of diseases characterized by uncontrolled growth and
spread of abnormal cells.
Captive Facilities Facilities which are located upon lands owned by a
generator of hazardous waste and which are operated to provide for the
treatment, storage or disposal solely of that generator's hazardous waste.
See On-site Hazardous Waste Facility.
Carbon Sorption The process in which activated carbon, known as the
sorbent, is used to remove certain wastes from water by holding them to the
carbon surface.
Carcinogen Any substance that causes cancer.
Known Carcinogen Those carcinogens that have been demonstrated to
definitely produce cancer in humans.
Suspect Carcinogens Compounds implicated in human cancer or shown to
be carcinogenic in lab animals.
Carcinoma A form of cancer which arises in the tissues that cover or line
such organs of the body as skin, intestines, uterus, lung, breast, etc.
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Carcinoma in situ A stage in the growth of cancer when it is still
confined to the tissue in which it started.
\
cc Cubic centimeter (equal to 0.06 of a cubic inch)
Ceiling Limit The maximum level of an environmental contaminant which
should not be exceeded for any period of time.
Cell The basic unit of construction within a landfill consisting of the
daily accumulation of waste and cover material.
Centrifugation A hazardous waste physical treatment process in which
heavier particles in the fluid move to the walls of a rotation vessel and
are removed.
Certification A statement of professional opinion based upon knowledge
and belief. For example, a registered professional must certify that the
liner system of a hazardous waste pile meets design specifications approved
in the permit.
Chemical Any element, substance, chemical compound or mixture of . ele-
ments, substances or compounds, not including food, drugs, cosmetics,
tobacco or other products intended for sale on the retail market.
Chemical Abstracts Service Number The unique identification number
assigned to a chemical by the Chemical Abstracts Service.
Chemical Cartridge The type of absorption unit used with a respirator for
removal of low concentrations of solvent vapors and certain gases.
Chemical Identification Sheet or CIS A written document, prepared in
accordance with the requirements of the Right-to-Know Act which contains
the identity by chemical name, common name and Chemical Abstract Service
Number.
Chemical Name The scientific designation of a chemical according to the
nomenclature system developed by the International Union of Pure and
Applied Chemistry or the Chemical Abstracts Service rules of nomenclature.
Chemical Oxygen Demand (COD) A means of measuring the pollution strength
of domestic and industrial wastes based on the fact that all organic
compounds, with few exceptions, can be oxidized by the action of strong
oxidizing agents under acid conditions to carbon dioxide and water.
Chemical Treatment The process by which hazardous waste is rendered non-
hazardous or suitable for transport by changing the chemical composition of
such waste.
Chlorolysis Hazardous waste chemical treatment method by which chlori-
nated organic compounds are recycled and converted into useful industrial
products through the addition and mixing of excess chlorine with the
organic waste.
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Chromatography An analytical technique for the separation and identifica-
tion of chemical compounds.
Chronic Condition A condition which is long and drawn out in duration and
usually incurable.
Chronic Health Effects Long-term effects or those that are revealed after
the elapse of some time, such as cancer, from a one-time or repeated
exposure to a substance.
Citizens Advisory Committee A group of local concerned individuals that
corporations or local governments organize to recommend policies and review
development strategies for treatment or disposal facilities.
Clarifier An apparatus for removing (by gravity) settled solids from a
fluid.
Closed Portion Any portion of a facility where operations have been
closed in accordance with the approved facility closure requirements of the
Pennsylvania Hazardous Waste Management Regulations (75.260-75.267).
Closure Actions taken by the owner or operator of a hazardous waste
facility to prepare the site for long-term care and to make it suitable for
other uses after it has stopped accepting wastes.
CPU Certificate of Public Necessity; a declaration of the Pennsylvania
Environmental Quality Board that a facility is necessary to meet state
hazardous waste management needs, that the plans proposed are environ-
mentally and technically acceptable and that the developer has involved the
public in the siting process.
Coagulation The clumping of particles in order to settle out impurities;
often induced by chemicals such as lime or alum.
Co-carcinogen When carcinogens are present together and enhance the
action of each other.
Colloid A non-settling suspension of fine particles, larger than mole-
cules but smaller than visible particles, which are not easily filtered.
Combustion Zone Temperature The temperature maintained inside the burning
area of an incinerator; one of the most important factors for proper
incineration of hazardous waste.
Commercial Establishment Any establishment engaged in a non-manufacturing
or non-processing business.
Commercial HW Facilities Facilities which accept wastes from various
generators for a fee.
Commercial Waste All solid waste that originates in a commercial estab-
lishment .
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Common Name Any designation other than a chemical or trade name by which
a substance is generally known. The common name is unique to a specific
chemical or mixture.
Compatibility The ability of materials (usually waste fluid combinations
or liners) to coexist without adverse environmental effects or health
risks.
Compensation Any of several options a facility operator can use to
encourage public acceptance of a facility site in a local area. They
include payments to local governments in addition to applicable taxes,
direct payment to landowners, purchase of buffer zones or provision of
recreational areas.
Compliance Monitoring Program A program used to determine whether ground-
water performance standards are exceeded.
Compliance Point A term used to describe the location where the ground-
water protection standard is measured. According to the US EPA, the com-
pliance point should be the edge of the waste management area.
Composting Controlled process of degrading organic matter by micro-
organisms .
Concentration The relative fraction of one substance in another, normally
expressed in weight percent, volume percent or as a weight/volume ratio.
Concentration Limit The concentration level for each hazardous waste
constituent which triggers initiation of a corrective action program.
Conductivity The ability to conduct or transfer heat and electricity.
Confined Aquifer An aquifer bounded above and below by impermeable beds
or by beds of distinctly lower permeability than that of the aquifer it-
self; an aquifer containing confined groundwater.
Constituent A chemical component of a waste or chemical compound which
qualifies a waste as hazardous under Section 75.261 of 25 Pa. Code Ch. 75,
or which is listed as a hazardous waste or compound in Section 75.261.
Container Any portable device in which a material can be stored, handled,
transported, treated or disposed of.
Contamination The degradation (to the extent of impaired usefulness) of
water, air or soil.
Contingency Plan A document setting forth an organized, planned and
coordinated course of action to be followed in order to prevent pollution
incidents and to limit the extent of pollution in case of fire, explosion
or discharge which would threaten human health and the environment.
Corrective Action Measures The removal or treatment in place of any
hazardous constitutents that exceed concentration limits in the groundwater
or soil at a waste management facility.
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Corrosive The quality of a waste which causes the gradual deterioration
of another substance by chemical processes, such as oxidation or attack by
acids. A substance is considered corrosive if it has a pH greater than or
equal to 12.5 or less than or equal to 2.
Cost Criteria Facility or site-related factors for which specific dollar
costs for construction, operation and maintenance are prescribed.
Cover Material Some type of soil compacted in layers over waste in order
to minimize infiltration of precipitation and run-on that would leach
through the waste.
Cradle-to-Grave The tracking of the source, quantity, concentration and
type of hazardous waste from generation through final disposal.
Debris Any material resulting from the demolition of any structure,
including stones, bricks, rocks, concrete, gravel or earth.
Dechlorination An experimental hazardous waste chemical treatment process
which produces a change in the carbon-chlorine bonds in organic compounds
high in chlorine (such as PCB and Repone) with the use of reducing agents.
Decomposition A change in the composition of organic matter due to the
actions of micro-organisms which break down the matter into simpler forms.
Decontamination The process of making a person, object or area safe by
absorbing, destroying, neutralizing or making harmless by removing biolo-
gical or chemical agents.
Deep-Well Injection The disposal of hazardous wastes by pumping into deep
wells so that they can percolate through porous or permeable subsurface
rock and then be contained within surrounding layers of impermeable rock or
clay.
Delisting a Waste The process by which a facility proves to DER or EPA
that its waste is fundamentally different from the wastes listed as hazard-
ous and does not contain certain levels of listed hazardous constituents.
It may be excluded from regulation if it does not meet any of the criteria
of a hazardous waste.
Department of Environmental Resources (DER), Pennsylvania A governmental
department created by Act 275 of the Pa. legislature in 1970 to bring
within one body the administration of environmental legislation. Powers
and duties of DER include developing environmental policies, management
programs, rules, regulations and licensing procedures and enforcement
mechanisms to protect the quality of Pennsylvania's natural resources.
DER The Department of Environmental Resources.
Detection Monitoring Program A program used to ensure that any leakage
from a land treatment facility is discovered.
Detonation A hazardous waste treatment method which treats explosive
waste by rapid combustion; explosive destruction.
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Dialysis The process of separating a mixture of substances in solution by
using a membrane as a filtering agent. In this process substances move
through the membrane at varying rates and separate according to their
relative molecular weights.
Diffusion 1) The mixing of substances, usually gases and liquids, due to
molecular motion. 2) The spreading out of a substance, usually a gas, to
fill a space.
THTcp An embankment of natural or man-made materials constructed to con-
tain or obstruct the movement of liquids, sludges or other substances.
Disaster Emergency Conditions likely to or actually affecting the safety,
health or welfare of a substantial number of citizens or precluding the
operation or use of essential public facilities; or conditions of such
magnitude or severity as to make essential state supplementation of county
or local efforts used to alleviate the danger or damage; or conditions
caused by forces beyond human control or by unforeseen factors.
Discharge Any intentional or accidental emission or release of hazardous
materials which, when released into land or water, become hazardous waste.
Disinfection Effective killing by chemical or physical processes of all
organisms capable of causing infectious disease. Chlorination is the
disinfection method commonly employed in sewage treatment processes.
Disposal The environmentally sound incineration, storage, treatment or
discharge, deposit, injection, dumping, spilling, leaking or placing of a
hazardous waste into or on land or water.
Disposal Facility A facility or part of a facility at which hazardous
waste is intentionally placed into or on land or water and at which waste
will remain after closure.
Distillation A physical treatment process which involves the evaporation
of a liquid or slurry and separation of the components of the resulting
vapor.
DNA (deoxyribonucleic acid) An essential component of all living matter
and the basic chromosomal material transmitting the hereditary pattern.
Domestic Waste Solid waste, garbage and rubbish which originate in
residential areas.
Drinking Water Supply Any raw or finished water source that is or may be
used as a public water system or as drinking water by one or more
individuals.
Dump A land site at which waste is disposed of in a manner which does not
protect the environment, is susceptible to open burning or is exposed to
the elements, vermin and/or scavengers.
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Dust A collection of small, dry organic or inorganic particles formed
when solid matter is broken down by natural and/or mechanical forces and
are fine enough to remain suspended in the air for some time if disturbed.
Ecosystem The interacting system of a biological community and its non-
living environment.
Effluent 1) Solid, liquid or gas wastes which enter the environment as a
by-product of human processes. 2) The discharge or outflow of water from
ground or sub-surface storage.
Electrodialysis The process of separating a mixture of substances in a
solution by dialysis, using an electric field as the driving force.
Electrolysis A . treatment method by which chemical changes are accomp-
lished at the surface of electrodes carrying an electric current and
immersed in a chemical solution.
Emergency Management Judicious planning, assignment and coordination of
all available resources in an integrated program of prevention, mitigation,
preparedness, response and recovery for all emergencies.
Emergency Service Preparation for and carrying out of functions to pre-
vent, minimize and provide emergency repair of damage and injury resulting
from disasters.
Bnphysema A lung disease in which the walls of the air sacs (alveoli)
have been stretched too thin and broken down. Emphysema has been linked to
cigarette smoking.
Encapsulation A treatment process which encases or encloses the waste
with either adhesive coating materials or specially lined containers such
as steel lined drums or concrete blocks in order to isolate it and keep it
from contaminating the environment. •
Energy Recovery Obtaining energy from the controlled incineration or
biogradation of solid waste.
Environment The sum total of all the external conditions that may act
upon an organism or community to influence its development or existence.
Environment-Host-Agent A basic model of public health science. This
model, called the Epidemiologic Triangle, states that an ecological
approach is necessary to explain the occurrence of disease; disease cannot
be attributed to the operation of any one factor.
Environmental Cancer Cancer caused, in part, by carcinogens present in.
the general surroundings or encountered in enclosed settings such as in the
home, school or workplace.
Environmental Hazard Any substance or discharge determined to be a
hazardous substance and which poses a danger if released into the environ-
ment.
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Environmental Protection Agency, United States (EPA) Federal agency
created by the Executive Reorganization Plan no. 3 in 1970 to consolidate
federal regulatory authority over pollution. The agency has the power to
administer programs which address the environmental problems of water and
air pollution, pesticides, toxic substances, radiation, noise and solid
and hazardous waste management.
Environmentally Sensitive Area Area that is exceptionally responsive to
environmental change and especially prone to irreversible ecological upset.
These can include wetlands, flood plains, permafrost areas, critical
habitats of endangered species and recharge areas of aquifers.
EP Toxicity A characteristic that indicates the likelihood that certain
metals and other constituents could be leached by an acid leaching medium
in significant concentrations, as determined by a specific extraction
procedure.
EPA The Environmental Protection Agency.
Epidemiology The study of incidence, distribution, environmental causes,
and control of a disease in a population.
Estuary The widened channel of the mouth of a river in which influence of
the tides is felt. Estuaries are delicate ecosystems that serve as
nurseries, spawning and feeding grounds for a large group of marine species
and provide shelter and food for birds and wildlife.
Evaporate To change a liquid or solid into its gaseous form.
Evaporation A treatment process by which suspended and dissolved solids
are separated from liquid waste by evaporation of the liquid form.
Existing Hazardous Waste Management Facility Any storage, treatment or
permitted disposal facility which was in operation on November 29, 1980 or
for which construction was begun on or before November 19, 1980, the effec-
tive date of Act 97.
Existing Portion The land surface area of an existing waste management
unit upon which wastes have been placed prior to the issuance of a permit.
Exposure Any situation where a person may ingest, inhale, absorb through
the skin or eyes or otherwise come into contact with a chemical or mixture.
Facility The on-site structures and all adjoining land and rights-of-way
used for treating, storing or disposing of hazardous wastes.
Feasibility Study A detailed examination of the technical, environmental,
engineering, economic, legal and practical suitability of a proposed
facility or technology for use at a specific location.
Filter A device or substance for straining out solid particles or impuri-
ties from a liquid or gas.
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Filtration A treatment process which removes suspended particles from a
liquid by forcing the fluid through a porous substance such as paper,
cloth, fine clay, sand or charcoal, entrapping suspended particles on or
within the filter medium.
Final Cover The cover material that is applied upon closure of a landfill
and is permanently exposed at the surface.
FLocculation A treatment method by which suspended particles are
assembled into larger, more settleable particles after the waste is mixed
with chemical flocculants; this technique enhances the sedimentation
process.
Flood Plain The lowland that borders a river, which is usually dry but is
subject to flooding when the river overflows its banks.
Flotation A treatment process by which fine and light particles are
separated from liquid by introducing fine gas bubbles which attach to the
particles and rise to the surface, where the particles are collected by
skimming mechanisms.
Fly Ash Fine particles of ash of a solid fuel which are either carried
out of the flue with the waste gases produced during combustion or
recovered from the waste gases.
Food Chain The dependence of one type of life on another, each in turn
eating or absorbing a lower organisms in the chain.
Food Chain Crops Crops grown for human consumption, including tobacco,
and feed for animals whose products or by-products will be used for human
consumption.
Freeboard The vertical distance between the top of a tank sidewall or a
surface impoundment dike or berm and the elevation of the highest surface
of the waste contained in the tank or impoundment.
Free Liquids Liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure.
Fuel Any combustible substance which is burned to produce useful heat
energy.
Fumes Suspension of very fine (less than 1.0 micron) solid particles in
air. The term usually applies to freshly formed oxides of metals, such as
zinc, iron and magnesium.
g Gram (equal to 1/1000 of a kilogram)
Gamma Say Irradiation Experimental chemical waste treatment which
disinfects waste by utilizing gamma radiation to destroy pathogens
(disease-causing micro-organisms).
Garbage Decayable animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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Gases Fluids which normally occupy the space of enclosure and which can
be changed to the liquid or solid state only by increased pressure and/or
decreased temperature. A compound which is in the gaseous state under
normal conditions.
Generator The persons or corporations who by nature of ownership,
management or control are responsible for causing or allowing to be caused
the creation of waste.
Governing Body The council in cities, boroughs and incorporated towns;
the board of commissioners in townships of the first class; the board of
supervisors in townships of the second class; the board of commissioners in
counties of the second class A through eighth classes.
Government B Reader A physician who has had specialized training in the
interpretation of chest X-rays for dusty lung disease and who passed a test
given by the American College of Physicians/NIOSH.
Groundwater The portion of the subsurface water which is in the zone of
saturation where nearly all openings between soil particles are filled with
water; the area where water is apt to flow most freely.
Groundwater Plume A body of contaminated groundwater, originating from a
specific source and influenced by such factors as the local groundwater
flow pattern, density and concentration of contaminant and character of the
aquifer.
Groundwater Protection Standard The level of groundwater contamination
that triggers the need for corrective action measures; also defines the
constituents that must be addressed in the compliance monitoring program
for land disposal facilities.
Groundwater Quality The specific chemical, physical and biological
properties of groundwater in a specific area. State and local standards
determine its suitability as a drinking water supply.
Guidelines Informal, instructional state or federal agency directives
that explain program regulations or policies not addressed clearly by law.
Guidelines do not have the force of law.
Habitat The sum total of environmental conditions of a specific place
that is occupied by an organism, a population or a community.
Hazard Warning Words, pictures and/or symbols appearing on a label to
convey information regarding actions or cautions to be taken with the
hazardous substance.
Hazardous Mixture Any mixture that contains one or more hazardous
substances in a concentration determined by law.
Hazardous Substance Any material which is ignitable, corrosive, reactive
or toxic and which poses a substantial or potential hazard to human health
and safety or to the environment. Radioactive wastes are not included in
this definition.
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Hazardous Substance Fact Sheet or HSFS A written document prepared for
the purpose of informing employees, employers or members of the general
public about a hazardous substance.
Hazardous Waste Any waste which is ignitable, corrosive, reactive or
toxic and which may pose a substantial or potential hazard to human health
and safety or to the environment, when improperly managed.
Hazardous Waste Constituent A substance in a waste which causes that
waste to be listed as hazardous by the DER.
Hazardous Waste T-anrifi 11 An environmentally sound disposal facility or
land where hazardous wastes can be placed without polluting the environ-
ment, not including a land treatment facility, a storage facility, a
surface impoundment or an injection well.
Hazardous Waste Management The systematic control of the collection,
source separation, storage, transportation, processing, treatment, recovery
and disposal of hazardous wastes.
Hazardous Waste Number The number assigned by DER to each hazardous waste
listed and to each hazardous waste characteristic identified in the
Pennsylvania Hazardous Waste Management Regulations.
Hazardous Waste Site A location where hazardous wastes are stored,
treated, incinerated or otherwise disposed of.
Heavy Metals High-density metallic elements (e.g., mercury, chromium,
cadmium, arsenic and lead) which are generally toxic to plant and animal
life in low concentrations.
Hydration The process in which particles go into water solution and
become surrounded by a sheath of water molecules.
Hydrolysis A treatment method by which chemical compounds are decomposed
by a reaction with water; hydrolyzing agents such as alkaline solutions as
well as high temperatures and pressures are often used to promote the
desired reaction.
Hydrophilic (water loving); molecules or groups of molecules that
associate with ^0; readily wet by water.
Hydrophobic Molecules or groups of molecules that are poorly soluble in
water; water repellent or not wet by water.
Hydrophyte A plant growing in water or soil too waterlogged for most
plants to survive.
Identification Number The individual number assigned to each generator,
transporter and treatment, storage or disposal facility by state or federal
regulatory agencies.
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Ignitable Waste A liquid with a flash point less than 60°C (140°F), a
waste which is an oxidizer or an ignitable compressed gas or a non-liquid
which is liable to cause fires through friction, absorption of moisture or
spontaneous chemical changes or which, when ignited, burns so vigorously
and persistently as to create a hazard.
Impermeability As applied to soil or subsoil, the degree to which fluids,
particularly water, cannot penetrate in measurable quantities.
Impoundment See Surface Impoundment.
Inactive Facility The EPA designation for a treatment, storage or
disposal facility that has not accepted hazardous waste since November 19,
1980, the effective date of the Pa. Solid Waste Management Act of 1980.
Inactive Portion A portion of a hazardous waste management facility that
has not operated since November 19, 1980, but which is not yet a closed
portion.
Incineration The process by which waste volume is reduced by combustion
in a controlled manner, the primary purpose of which is to thermally break
down hazardous waste.
Incompatible Waste 1) A hazardous waste that is unsuitable for placement
within a specific portion of a landfill because it may cause containment
material to corrode or decay or which combined with other wastes might
produce heat, pressure, fire, explosion, violent reaction, toxic dusts,
mists, fumes or gases. 2) Hazardous wastes which, if mixed, would become
more hazardous than either waste individually.
Industrial Hygienist The professional concerned with preventive medicine
at the worksite. The industrial hygienist's functions are: recognition,
evaluation and control of health hazards in the work environment and
training and education of employers and employees.
Industrial Wastes Residual materials produced during or eliminated from
an industrial operation as liquid, sludge or solid waste which need not be
hazardous. They are also called residual wastes.
Infectious Wastes Wastes containing pathogens. See also Biologically
Hazardous Wastes.
Infiltration The flow of a fluid into a substance through pores or small
openings. Commonly used to denote the flow of water into soil material.
Injection The subsurface emplacement of a fluid or waste.
Injection Well A well into which hazardous waste fluids are injected.
Inner Liner A continuous layer or lining of material placed inside a tank
or other container which protects the construction materials of the tank or
container from the contents.
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Inorganic Term used to designate compounds that are not derived from
hydrocarbons.
Inorganic Compounds Chemical compounds which do not contain the element
carbon.
Interim Authorization The conditional permission from EPA which enables a
state to operate its own hazardous waste management program.
Interim Status A period of time which began November 19, 1980, when
hazardous waste storage, treatment and disposal facilities and hazardous
waste transporters could continue to operate under a special set of
regulations until the appropriate permit or license application is or was
approved by EPA or DER.
Ionization The process by which neutral atoms or groups of atoms become
electrically charged, either positively or negatively, by the loss or gain
of electrons.
Irritants Gases which would be regarded as corrosives. They injure the
tissues of the respiratory tract and induce inflammation of the air
passages or the lungs.
Isomer One or more substances with the same composition but with
different properties.
kg Kilogram (equal to approximately 2.2 pounds)
Lagoon A shallow, usually artificial pond where sunlight, bacterial
action and oxygen interact to restore wastewater to a reasonable state of
purity. Any pond used for the temporary or permanent storage of liquid.
Land Burial The disposal of wastes into land, as in landfills, surface
impoundments, permanent waste piles and underground injection wells. This
method is used for hazardous substances that require permanent storage.
Land Treaitment Facility A facility or part of a facility at which hazard-
ous waste is applied or incorporated into the soil surface to encourage
waste decomposition. If the waste will remain after closure of the
facility, it is considered a disposal facility.
Lanrif111 A facility for the disposal of solid or hazardous waste involv-
ing burial in an excavated area or natural depression. Environmental risks
are usually lessened by spreading solid wastes in thin layers, compacting
them and applying cover materials at the end of each operating day. See
Sanitary Landfill.
Latency Period The time which elapses between exposure to a carcinogen
and the first manifestation of damage.
LCcq Median lethal concentration which is the statistical estimate of the
concentration of a substance in air or water necessary to kill 50% of test
organisms within a specified time period under standardized conditions.
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LD_0 Median lethal dose which is the statistical estimate of the dosage
of a substance necessary to kill 50% of an infinite population of test
animals, as determined from exposure to the substance by any route other
than inhalation within a specified time under standardized conditions.
Leachate A liquid containing decomposed waste, bacteria and other noxious
and potentially harmful materials that drains from landfills. In a
successful secure landfill, the leachate is trapped in the facility and is
not released to groundwater.
Letter of Credit A written financial instrument requesting credit to be
given to the entity in whose favor it has been drawn.
Liable Legally responsible.
Liner A continuous layer of natural or synthetic materials beneath, on
the sides or on the top of a storage or treatment device, surface
impoundment, landfill or landfill cell which severely restricts or prevents
the escape of hazardous waste, hazardous waste constituents or leachate or
minimizes infiltration.
Liquid Organics Recovery, The chemical or physical processing of certain
hazardous wastes to separate contaminants from usable material so that the
resulting product can be reintroduced in the marketplace.
Local Emergency Condition declared by local governing body in order to
coordinate actions to prevent or alleviate damage.
Local Emergency Management Organization An emergency management office
set up by each potential subdivision. Each organization is responsible for
emergency management, response and recovery within the territorial limits
of the political subdivision.
Long-term Care The post-closure monitoring and .maintenance of a hazardous
waste management facility in a manner that protects public health and the
environment.
Maintenance The routine recurring work required to keep a facility in a
condition that it may be continuously utilized in its original or designed
capacity and efficiency. It includes inspection, testing, servicing,
classification as to serviceability, repair, rebuilding and reclamation.
Malignant Leading toward progressive invasion of body tissues and
probably ending in death.
Malignant Tumor Tumor made up of cancer cells. These tumors continue to
grow and invade surrounding tissues; cells may break away and grow else-
where.
Manifest A form used to identify the quantity, composition and origin,
routing and destination of hazardous waste during transportation from the
point of generation to the point of disposal, treatment or storage.
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Man-made Disaster Any accident, explosion, shortage or other condition
resulting from man-made causes which threatens or causes damage to
property, human suffering, hardship or loss of life. Includes oil spills,
hazardous and non-hazardous chemical spills and releases.
Material Safety Data Sheet or MSDS A written document prepared by a
manufacturer, supplier or importer in conformity with the Right-to-Know law
to transmit information concerning a chemical.
Melanoma A pigmented, highly malignant form of cancer of the skin. The
tumor may vary in color from nearly black to almost white.
Membrane AN impermeable layer.
mg Milligram (equal to 1/1000 gram)
g Microgram (equal to 1/1000 milligram)
mg/m3 Microgram per cubic meter
Micron (equal to approximately 1/25,000 of an inch)
Microwave Plasma An experimental hazardous waste chemical treatment
process by which new stable compounds are synthesized or molecules are
decomposed by microwave reactions with gas molecules; the gas generated
during the detoxification reaction is referred to as microwave plasma.
Microwaves Radio-frequency waves generated by electronic devices in which
electrons are accelerated and directed toward a target.
Midnight Dumper A slang term for a person or company that disposes of
hazardous wastes in an illegal manner.
Mine A large excavation made in the earth for the extraction of ores,
coal, etc.
Mining Overburden Material overlying an economic mineral deposit that is
removed to gain access to the deposit.
Mists Suspended liquid droplets generated by condensation from the gaseous
to the liquid state or by breaking up a liquid into a dispersed state, such
as by splashing, foaming and atomizing.
Mixture A combination of two or more chemicals not involving a chemical
reaction.
Monitoring ' The ongoing surveillance of a waste disposal facility or site
by measurements or observations of the operation or of the ambient air,
groundwater, surface water and soil conditions.
Monofills Landfills, surface impoundments or waste piles used to treat,
store or dispose of one or more of a small group of inorganic wastes. This
group includes wastes that are hazardous solely because they exhibit the
characteristics of EP toxicity.
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Municipal Engineer A duly registered professional engineer employed by
the municipality or engaged as a consultant.
Municipal Waste Garbage, refuse, industrial or office waste and other
materials including solid, liquid, semi-solid or contained gaseous material
resulting from operation of residential, municipal, commercial or
institutional establishments and from community activities and any sludge
not meeting the definition of residual or hazardous waste in Act 97, from a
municipal, commercial or institutional water supply., waste water treatment
plant or air pollution control facility.
Municipality Any city of the second class A or third class, borough,
incorporated town, township of the first or second class, county of the
second class A through eighth class or any similar general purpose unit of
government.
Mutagen Anything that causes a mutation. Most carcinogens are also
mutagens. Testing a substance to see if it is a mutagen may be a fairly
reliable way to see if it is a carcinogen. Such tests are easier, faster,
and cheaper than the usual animal tests since they can be done with
bacteria.
Mutagenesis The alteration of the inherited genetic material, i.e.
alteration of DNA in the paternal or maternal reproductive cell which may
cause birth defects.
Natural Disaster Any hurricane, storm, flood, earthquake, drought, fire,
or other catastrophe which results in substantial damage to property,
hardship, suffering or possible loss of life.
Natural Hazards Geologic, meteorological or biological conditions which
affect the safety of facility operations, thereby posing potential risks to
human health and the environment.
Natural Resources Land, fish, wildlife, air, water, groundwater, drinking
water supplies, plants and animals and other such resources belonging to,
managed by, held in trust by or otherwise controlled by national, state, or
local governments, private concerns or individuals.
Neutralization The process by which acid or alkaline properties of a
solution are altered by the addition of certain reagents to bring the
hydrogen and hydroxide concentrations to an equal value, sometimes referred
to as pH 7, the value of pure water.
Neutralization Surface Impoundments Surface impoundments used to
neutralize wastes that are hazardous solely because they exhibit the
characteristic of corrosivity. These impoundments contain no other wastes
and neutralize the corrosive wastes sufficiently rapidly that there is no
potential for migration of hazardous waste from the impoundment.
Neutralize To make harmless anything contaminated with a chemical agent.
More generally, to destroy the effectiveness of an entity. To make an acid
or base neutral - to bring to a pH of 7.
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NIOSH National Institute for Occupational Safety and Health.
NIOSH Registry of Toxic Effects of Chemical Substances The online data
base of the NIOSH Registry of Toxic Effects of Chemical Substances.
Non-point Source Source from which pollutants emanate in an unconfined
and unchannelled manner, including water effluents not controlled through
NPDES permits or traceable to a discrete identifiable origin but resulting
from natural processes, such as nonchannelled runoff, precipitation,
drainage or seepage and air contaminant emissions from landfills and
surface impoundments.
NPDES (National Pollutant Discharge Eli mi nation System) The national
program established under the Federal Water Pollution Control Act which
requires all point source discharges into any body of water to be permitted
by EPA or the designated state agency. Minimum pretreatment requirements
for such discharges are established under the program.
Nonconforming Structure Structure or part of a structure not designed to
comply with the applicable use provisions in a zoning ordinance or
amendment.
Occupational Cancer Cancer caused by carcinogens present in the work
environment or encountered during performance of the job.
Occupational Health History A comprehensive chronology of an individual's
place of employment, toxic exposures and work environments.
Off-site Hazardous Waste Facility (commercial hazardous waste facility)
An operation involving handling, treatment, storage or disposal of
hazardous wastes such that the waste is transported commercially to the
site not owned by or leased to the generator and that the site receives
waste from more than one generator.
On-site Hazardous Waste Facility The same or geographically contiguous
property owned or leased or used by a generator or a hazardous waste
management facility. See Captive Facility. Non-contiguous properties
owned or leased by the same generator but connected by a right-of-way which
he controls and to which the public does not have access.
Open Dump Site for the disposal of solid wastes which is not a sanitary
landfill.
Operator The person responsible for the overall operation of a facility.
Organic Chemistry The science of the compounds of carbon.
Organic Hatter Chemical substances containing the element carbon which
originates in animal or plant life or in their derivatives, coal or
petroleum.
OSHA Occupational Safety and Health Administration or Occupational Safety
and Health Act.
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Osmosis The tendency of a fluid to pass through a semi-permeable
membrane, typically separating a solvent and a solution, so as to tend to
equalize their concentrations on both sides of the membrane.
Owner The person or municipality who is the owner of record of a facility
or part of a facility.
Oxidation The union of oxygen with a substance; an increase in oxidation
number resulting from a loss of electrons. In hazardous waste management,
the process in which a waste stream is treated with a strong oxidizing
agent, changing the waste chemically to a less hazardous state.
Partial Closure Securing a portion of a facility when it is filled to
capacity to prevent environmental damage while the remainder of the site is
being filled.
Peptization Method of getting substances into colloidal suspension by
breaking down larger particles.
Percolation The movement, flow or infiltration of water through the pores
or spaces of rock or soil.
Permeability The property of soil or rock that allows passage of water
through it. It depends not only on the volume of openings and pores, but
also on how these openings are connected to each other.
Permeable Open to passage or penetration; used especially for a substance
that allows the passage of fluids.
Permit Official approval and permission to proceed with an activity
controlled by the permitting authority.
pH A numerical designation of relative acidity and alkalinity. A pH of
7.0 indicates precise neutrality; higher values indicate increasing
alkalinity and lower values indicate increasing acidity. Pure water has a
pH of 7.
Phase I RGRA The regulations promulgated in May 1980 which include the
identification and listing of hazardous waste, standards for generators and
transporters, interim status standards for owners of treatment, storage or
disposal facilities, requirements for obtaining facility permits and rules
governing delegation of authority to the states.
Phase II RCBA Technical requirements for permitting hazardous waste
facilities which set specific standards for particular types of facilities
to ensure the safe treatment, storage and disposal of waste of a permanent
basis by methods that will protect human health and the environment. Phase
II standards enable facilities to move from interim status to final
facility permits.
Photon A minute packet of light energy.
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Physical Treatment The physical removal of a hazardous substance from a
waste stream or the reduction of the water content or solidification of the
waste in order to render a waste non-hazardous.
PhytotaxLc Poisonous to plants.
Pile A non-containerized accumulation of solid, non-flowing hazardous
waste.
Point Source A discernible, confined and discrete conveyance from which
pollutants are being or may be discharged. Examples include pipes,
ditches, channels, tunnels, wells, etc.
Poison Any substance that causes injury, illness or death, especially by
chemical means-
Political Subdivision Any county, city, borough, incorporated town or
township.
Pollution Contamination of air, water, land or other natural resources
that will or are likely to create a public nuisance or to render such
natural resources harmful to public health, safety or welfare or to any
legitimate beneficial uses or to other life forms.
ppb Parts per billion (1 ppb = one ten-millionth of one percent)
ppn Parts per million (1 ppm = one ten-thousandth of one percent)
ppt Parts per trillion (1 ppt = one thousandth of a ppb)
Radioactive Wastes Conventional materials that have been contaminated
with radiation. They are not classified as hazardous and are not covered
by RCRA or Act 97, but are specifically controlled by the U.S. Atomic
Energy Act and P.L.s 807 and 1380, except as of July 3, 1986, EPA claims to
regulate mixtures of hazardous waste and low-level radioactive waste.
Reactivity The tendency to explode under normal management conditions, to
react violently or to generate toxic gases when mixed with water.
Recharge Zone Area through which water enters an aquifer.
Reclamation Restoration to a better or more useful state, such as land
reclamation by filling, grading and seeding or obtaining useful materials
from solid wastes.
Recoverable Capability and likelihood of being recovered from solid waste
for a commercial or industrial use.
Recoverable Resources Materials that still have useful chemical or
physical properties after serving a specific purpose and can, therefore, be
reused or recycled for the same or other purposes.
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Recycling Using discarded objects and materials in original or changed
form, rather than disposing of them, sending a material back into the
process by which it was first formed.
Reduction Removal of oxygen from a compound; lowering of oxidation number
resulting from gain of electrons.
Registered Professional Engineer An engineer registered to practice
engineering within a state.
Reportable Quantity The minimum quantity of hazardous waste generated as
a result of a discharge or spill which must be reported to DER.
Representative Sample A sample of a universe or whole, such as a waste
pile, lagoon or groundwater, which can be expected to exhibit the average
properties of the universe or whole.
Research and Development Laboratory A specially designated area used
primarily for research and not primarily involved in the production of
goods for commercial sale, in which chemicals are used by or under the
direct supervision of a technically qualified person who understands the
risks associated with the hazardous substance.
Residual Waste Garbage, discarded material or other waste including
solid, liquid, semi-solid or contained gaseous materials resulting from
industrial, mining and agricultural operations and sewage from water supply
treatment facilities, waste water treatment facilities or air pollution
control facilities, provided that such waste is not hazardous.
Residue Solid or semisolid materials such as ash, ceramic, glass, metal,
and organic substances remaining after incineration or processing.
Resource Conservation Reduction of the amounts of solid waste that are
generated; reduction of overall resource consumption and utilization of
recovered resources.
Resource Conservation and Recovery Act (RCRA) Federal act giving EPA the
authority to develop a nationwide program to regulate hazardous waste from
cradle to grave and establish national regulations and guidelines for solid
waste management including recycling, reuse and reclamation. Enacted in
1976, the Act was established to "protect human health and the environment
from the improper handling of solid waste and encourage resource
conservation."
Resource Recovery The extraction of useful materials or energy from
waste; the reprocessing and reusing of these materials.
Resource Shortage The absence or reduced supply of any natural resource
or commodity, goods or services which bear a relationship to the well-being
of citizens.
Response Trust Fund A $1.6 billion fund used for cleanup of abandoned and
existing disposal sites (see Superfund)~ The sources of the money for this
fund are industrial taxes on oil and certain chemical feedstocks (87% of
sources) and federal appropriations (13%).
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Retention Time The time waste is subjected to the combustion zone
temperature in an incinerator.
Risk Assessment Evaluation of the threat to public health and the
environment posed by a hazardous waste facility, considering the probabi-
lity of incidents and their effects.
Risk Factors Factors whose presence is associated with an increased
likelihood that disease will develop at a later time.
KNA (ribonucleic acid) An essential component of all living matter, one
form of which carries genetic information.
Rubbish Solid wastes consisting of both combustible and non-combustible
wastes, including paper, cardboard, tin cans, yard clippings, wood, glass,
bedding, crockery and similar materials.
Run-off Rainwater, leachate or other liquid that drains overland from
part of a facility.
Run-on Rainwater, leachate or other liquid that drains overland onto part
of a facility.
Salt The compound of the negatively charged ion from an acid and
positively charged ion from a metal or alkali base.
Sanitary Lanrifi11 A method of disposing of refuse on land without
creating nuisances or hazards to public health and safety.
Saturated Zone A part of the earth's crust in which all voids are filled
with water.
Sealed Package A portable container containing chemicals, sealed for
transport and intended to remain sealed until reaching its final
destination.
SIC number Standard Industrial Code number assigned to corresponding
types of industry, manufacturing or product; prepared by the US Office of
Management and Budget.
Silicosis A disease of the lungs caused by the inhalation of
divided free silica dust. Where silica dust accumulates, fibrous
develops and grows around the particle. It is not as elastic as
lung tissue and does not permit the ready passage of oxygen and
dioxide.
Slurry Thin mixture of a liquid and fine particles.
Smnkg Carbon or soot particles less than 0.1 micron in size which result
from the incomplete combustion of carbonaceous materials such as coal, oil,
tar and tobacco.
Solid Waste Waste including municipal, residual or hazardous waste,
consisting of solid, liquid, semi-solid or contained gaseous materials.
finely
tissue
normal
carbon
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Solid Waste Management Act, Pennsylvania (Act 97) The 1980 Act designed
to protect the citizens of Pennsylvania from the dangers of improper solid
waste management. The Act gives DER the authority to regulate the handling
of municipal, residual and hazardous wastes in Pennsylvania.
Solute The substance which is dissolved in the solvent to form a
solution.
Solution A liquid mixture of 2 or more substances where one is dissolved
in the other.
Solvent Liquid that is capable of dissolving another substance, used in a
number of manufacturing/industrial processes including the manufacture of
paints and coatings for industrial and household purposes, equipment clean-
up and surface degreasing in metal fabricating industries.
Special Hazardous Substance A hazardous substance so designated because
its particular toxicity, flammability, explosiveness or reactivity poses a
special hazard to health and safety.
Spill A discharge.
Stabilization Hazardous waste chemical treatment method by which a
chemical reaction produces an insoluble form of the waste or incorporates
the waste into a form that is insoluble.
Stabilization Lagoon A shallow pond for the storage of waste water before
discharge to a stream or to a treatment facility.
State Siting Regulations Agency-issued, state authorized directives to
implement RCRA and Act 97, dealing with the approval or restiction of
facility location and/or permitting processes.
Statistically Significant When the difference between a predicted and an
observed value is so large that it is improbable that it could be
attributed to chance.
Storage The containment of waste on a temporary basis in such a manner as
not to constitute disposal of the waste. Containment of such waste for
over a year constitutes disposal.
Storage Facility Any facility which stores wastes, except generators who
store their own wastes for less than 90 days for subsequent transport off-
site. Wastes stored for over one year are presumed to be disposed of
unless there is clear and convincing evidence to the contrary.
Storage Tank Any manufactured non-portable covered device used for
containing pumpable hazardous wastes.
Suit in Equity To ask the courts to order someone to make non-monetary
restitution. DER has the authority to ask a court to order a hazardous
waste handler to comply with regulations and terms of its permit.
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Sump A stationary device designed to contain an accumulation of hazardous
waste resulting from a hazardous discharge from a tank, container, waste
pile, surface impoundment, landfill or other hazardous waste management
structure.
Superfund The Comprehensive Environmental Response, Compensation and
Liability Act of 1980 which provides the federal government with the
mechanism to take emergency or remedial action to clean up both abandoned
and existing disposal sites whenever there is a release or potential threat
of a release of a hazardous substance which may present Imminent and
substantial danger to public health and welfare. Funds for these clean-up
actions come from the $1.6 billion trust fund called the Response Trust
Fund.
Supplier Any source which manufactures, supplies or imports any chemical
for sale, distribution or use.
Surety Bond A bond guaranteeing performance of a contract or obligation.
Surface Impoundment A facility or part of a facility which is a natural
topographic depression, man-made excavation or diked area formed primarily
of earthen materials (although it may be lined-with synthetic materials)
which is designed to hold an accumulation of liquid wastes or wastes
containing free liquids and which is not an injection well. . Examples are
holding, storage, settling and aeration pits, ponds and lagoons.
Suspension A liquid mixture where a solid substance is present in the
liquid in an undissolved state.
Synergism Cooperative action of substances whose total effect is greater
than the sum of their separate effects.
Tank A stationary device designed to contain an accumulation of hazardous
waste and constructed primarily or entirely of non-earthen materials such
as concrete, steel and plastic which provides structural support and
containment.
Teratogenesis Alteration in the formation of cells, tissues and organs
resulting from physiologic and biochemical changes on a fetus during growth
that may affect the function as well as the structure of developing cells.
Thermal Treatment Process by which hazardous waste is rendered non-
hazardous or is reduced in volume by exposing the waste to high
temperatures. The organic materials are oxidized and converted to carbon
dioxide and water.
Time-weighted Average (exposure) An average of several samples taken at
various times during a working day. Usually more representative of the
true exposure to a person for evaluation of long term effects from a
harmful agent.
TLV (threshold limit value) An exposure level under which most people can
work consistently for eight hours a day, day after day, with no harmful
effects.
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Topography The configuration of the surface area, including its relative
elevations and the position of natural and artificial features.
Totally Enclosed Treatment Facility A hazardous treatment facility which
is directly connected to an industrial production process, constructed and
operated to prevent waste release into the environment.
Toxic Waste A waste that poses a substantial present or potential hazard
to human health or the environment when improperly managed. Such wastes
include those which are carcinogenic, mutagenic, teratogenic, phytotoxic or
toxic to aquatic species.
Toxicity A relative property of a chemical agent that refers to a harmful
effect on some biologic mechanism and the condition under which this effect
occurs.
Toxicology Study of the nature, effects and detection of poisons and the
treatment of poisoning.
Trade Name Any designation or identification such as a code name or
number or brand name used by a supplier or user to identify a chemical by
another than its chemical or common name.
Trade Secret Any compilation of information known only to an employer and
a limited number of other individuals and which is used in the production
of a product or service which gives the employer a competitive advantage in
the marketplace.
Treatment Any method, technique or process that changes the physical,
chemical or biological composition of any hazardous waste and so renders it
non-hazardous, safer for transport, capable of recovery and/or storage or
reduces its volume.
Treatment Zone The area within a land treatment unit in which all
degradation, transformation or immobilization of hazardous constituents
must occur.
UN Number Numbering system adopted by the United Nations Committee of
Experts on the Transport of Dangerous Goods. A number assigned to a
corresponding individual chemical compound; includes North American numbers
(NA).
Unsaturated Zone Region between the land surface and the upper boundary
of the zone of saturation or water table.
Valence Electrons The electrons in the highest energy level of an atom,
available for bonding.
Vapors The gaseous form of substances, normally in the solid or liquid
state which can be changed to these states either by increasing the
pressure or decreasing the temperature alone. A compound which is normally
a solid or liquid but becomes gaseous under other conditions.
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Vectors A life form which transmits infectious agents by biting through
the skin or by depositing infective material on the skin or in food; any
animal involved directly in the transmission of communicable diseases.
Virgin Material Raw material, including previously unused ores and any
undeveloped resource that is or might become a source of raw materials.
Viruses Self-replicating infectious nucleic acid-protein complexes which
require intact host cells for their replication and which contain a
chromosome of either DNA or SNA.
Volatile Evaporating readily at normal temperature and pressure.
War-caused Disaster Any condition following an attack resulting in damage
to property or injury to people caused by weapons or warfare.
Waste Exchange Waste clearinghouses where pretreated or untreated wastes
are transferred operating on the principle that "one man's waste can be
another man's feedstock."
Waste Management The total process of waste collection from its point of
generation through its transportation, treatment and final acceptable
disposal or reuse.
Waste Pile See Pile.
Waste Transfer Center A receiving area where waste is collected for
transport to a disposal or treatment site.
Water Table The top of the zone of saturation in the ground.
Well A driven, drilled, bored or dug vertical excavation, with a depth
greater than the largest surface dimension, generally cylindrical, often
walled to prevent caving-in.
Wetlands Areas where water is near, at or above the land surface long
enough to be capable of supporting aquatic or hydrophytic vegetation and
which have soils indicative of wet conditions.
Zone of Aeration See Unsaturated Zone.
Zone of Influence Maximum extent to which a waste disposal facility will
affect surface and groundwater quality.
Zone of Saturation See Saturated Zone.
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ACRONYMS
AASA Agricultural Area Security Act
ACS American Chemical Society
AQCR Air Quality Control Region
ASTM American Society for Testing and Materials
BAT Best Available Technology
BCT Best Conventional Technology
BLM Bureau of Land Management
BWM Bureau of Waste Management,
Pennsylvania Department of Environmental Resources
CAA Clean Air Act (as amended in 1977)
CAC Citizens Advisory Council
CDC Centers for Disease Control
CEQ Council on Environmental Quality
CERCLA Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (Superfund)
CFR Code of Federal Regulations
CMA Chemical Manufacturers Association
CFN Certificate of Public Necessity
CSL Pennsylvania Clean Streams Law
CWA Clean Water Act of 1977
DCA Department of Community Affairs
DER Department of Environmental Resources
DOE Department Of Energy
DOT Department Of Transportation
EHB Environmental Hearing Board
EPA Environmental Protection Agency
EQB Environmental Quality Board
FDA Food and Drug Administration
FEMA Federal Emergency Management Agency
FHSLA Federal Hazardous Substance Labeling Act
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act
FPMA Flood Plain Management Act
FWPCA Federal Water Pollution Control Act of 197,2
HWM Hazardous Waste Management
HWMF Hazardous Waste Management Facility
IARC International Agency for Research on Cancer
IRPTC International Register of Potentially Toxic Chemicals
NAAQS National Ambient Air Quality Standard
NCI National Cancer Institute
NEPA National Environmental Policy Act
NIEHS National Institute of Environmental Health Sciences
NIOSH National Institute for Occupational Safety and Health
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NPDES National Pollutant Discharge Elimination System
NRT National Response Team
NSF National Science Foundation
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
OSHACT Occupational Safety and Health Act
OSW Office of Solid Waste
U.S. Environmental Protection Agency
PAC Public Advisory Committee
PCB Polychlorinated Biphenyl
PEC Pennsylvania Environmental Council, Inc.
PEMA Pennsylvania Emergency Management Agency
PERF Pennsylvania Environmental Research Foundation, Inc.
PPC Preparedness, Prevention and Contingency
PENN DOT Pennsylvania Department of Transportation
RA Regional Administrator
RCRA Resource Conservation and Recovery Act
SDWA Safe Drinking Water Act
SIC Standard Industrial Code
SIP State Implementation Plan
SWAC Solid Waste Advisory Committee
TA ' Technical Assistance
TAC Technical Advisory Committee
TRST Technical Resource Support Teams
TSCA Toxic Substance Control Act
TSD Hazardous Waste Treatment, Storage, and Disposal Facility
UNEP United National Environment Program
USGS United States Geologic Survey
WHO World Health Organization .
WRC Waste Resources Council
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STATE GOVERNMENT OFFICES
Pennsylvania Emergency Management Agency:
Mr. J. D. Manclark
Director Western Area
Emergency Management Agency
Indiana University of Pennsylvania
Indiana, Pennsylvania 15705
Mr. John Howard
Director Eastern Area
Emergency Management Agency
Hamburg Center
Hamburg, Pennsylvania 19526
Mr. Joseph Dougherty
Director Central Area
Emergency Management Agency
P. 0. Box 88
Selinsgrove, Pennsylvania 17870
Pennsylvania Department of Community Affairs:
Department of Community Affairs
Southwest Regional Office
413 State Office Building
300 Liberty Avenue
Pittsburgh, Pennsylvania 15222
Department of Community Affairs
Central Regional Office
374 Forum Building
Harrisburg, Pennsylvania 17120
Tel: (717) 787-7347
Department of Community Affairs
Northeast Regional Office
360 State Office Building
100 Lackawanna Avenue
Scranton, Pennsylvania 18503
Tel: (717) 961-4571
Department of Community Affairs
Northwest Regional Office
824 Peach Street
Erie, Pennsylvania 16501
Tel: (814) 871-4241
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Department of Community Affairs
Southeast Regional Office
908 State Office Building
Broad & Spring Garden Streets
Philadelphia, Pennsylvania 19130
Tel: (215) 351-2256
Department of Environmental Resources:
DER
Norristown - Region I
Regional Director
1875 New Hope Street
Norristown, PA 19401
(215) 631-2402
DER
¦Wilkes-Barre - Region II
Regional Director
90 East Union Street
Wilkes-Barre, PA 18701
(717) 826-2511
DER
Harrisburg - Region III
Regional Director
407 S. Cameron Street
Harrisburg, PA 17120
(717) 783-2818
DER
Williamsport - Region IV
Regional Director
200 Pine Street
Williamsport, PA 17701
(717) 327-3636
DER
Pittsburgh - Region V
Regional Director
Room 850, Kossman Building
100 Forbes Avenue
Pittsburgh, PA 15222
(412) 565-5023
DER
Meadville - Region VI
Regional Director
1012 Water Street
Meadville, PA 16335
(814) 724-8557
for Berks, Bucks, Chester,
Delaware, Lehigh, Montgomery,
Northampton, Philadelphia
counties.
for Carbon, Lackawanna, Luzerne,
Monroe, Pike, Schuylkill,
Susquehanna, Wayne, Wyoming
counties.
for Adam, Bedford, Blair,
Cumberland, Dauphin, Franklin,
Fulton, Huntingdon, Juniata,
Lancaster, Lebanon, Mifflin, Perry,
York counties.
for Bradford, Cameron, Centre,
Clearfield, Clinton, Columbia,
Lycoming, Montour, Northumberland,
Potter, Snyder, Sullivan, Tioga,
Union counties.
for Allegheny, Armstrong, Beaver,
Cambria, Fayette, Greene, Indiana,
Somerset, Washingaton, Westmoreland
counties.
for Butler, Clarion, Crawford, Elk,
Erie, Forest, Jefferson, Lawrence,
McKean, Mercer, Venango, Warren
counties.
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NATURAL RESOURCE USE AND MANAGEMENT
Allegheny County Health Department
Bureau of Environmental Health
3333 Forbes Avenue
Pittsburgh, PA 15213
Mr. Albert H. Brunwasser
Executive Director
(412) 578-8030
Group Against Smog and Pollution
(GASP)
P. 0. Box 5165
Pittsburgh, PA 15206
Mr. E. I. Sillman, Ph.D., President
(412) 441-6650
Institute for Research on Land and
Water Resources
Land and Water Research Building
Penn State University
University Park, PA 16802
Dr. Archie J. McDonnell
(814) 863-0291
League of Women Voters of PA
109 South Ridge Drive
Monroeville, PA 15146
Ms. Marilyn Skolnick
(412) 373-7714
League of Women Voters of
Pennsylvania
215 Pine Street
Legislative Information Center
Harrisburg, PA 17101
Ms. Mary J. Turner, Director
(717) 234-1576
League of Women Voters
Allegheny County Council
Y.W.C.A. - 4th and Wood Streets
Pittsburgh, PA 15222
Ms. Marilyn Skolnick
or Ms. Joy Maher
(412) 373-7714 or 261-4284
Lower Providence Concerned Citizens
# 4 Moyer Road
Collegeville, PA 19426
Mr. Tom 0'Leary
(215) 53,9-7668
- 3 -
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National Audubon Society
Mid-Atlantic Regional Office
1104 Fernwood Avenue # 300
Camp Hill, PA 17011
Mr. Walter Pomeroy, Vice President
or Mr. Tom Troy, Reg. Rep.
1(717) 763-4985
Opposing Unnecessary Chemical
Hazards, Inc. (OUCH)
R. D. #1, Box 60
Seven Valley, PA 17360
Mrs. Stacy Marsh
(717) 229-2655
PA Association of Township
Supervisors
3001 Gettysburg Road
Camp Hill, PA 17011
Mr. Kenneth B. Greidner
Executive Director
(717) 763-0930
PA Consulting Engineers Council
2001 N. Front Street, Suite 311
Harrisburg, PA 17102
Mr. John VanNatta
Executive Vice President
(717) 232-3589
PA League of Cities
2608 North 3rd Street
Harrisburg, PA 17110
Mr. John A. Gardner
Executive Director
(717) 236-9469
PA Municipalities Authorities
Association
2941 North Front Street
Harrisburg, PA 17110
Mr. William J. Woll
Executive Director
(717) 233-7696
PA State Association of Boroughs
2941 North FrontStreet
Harrisburg, PA 17110
Mr. Robert Edwards
Executive Vice President
(717) 236-9526
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PA State Association of Township
Commissioners
2608 North 3rd Street
Harrisburg, PA 17110
Mr. John A. Gardner
Executive Director
(717) 232-6540
Pennsylvania Environmental Council
225 S. 15th Street
Lewis Tower Bldg. Mezzanine
Philadelphia, PA 19102
Mrs. Eleanor Winsor
Executive Director
(215) 735-0966
Pennsylvania Federation of
Sportsmen's Clubs, Inc.
2426 North Second Street
State Headquarters
Harrisburg, PA 17110
Ms. Victoria B. Greenlee
Executive Secretary
(717) 232-3480
Sierra Club - Allegheny Group
P. 0. Box 7404
Pittsburgh, PA 15213
Ms. Barbara D. Hays, Chairman
(412) 561-0203
Sierra Club - Pennsylvania Chapter
600 N. Second Street
P. 0. Box 663
Harrisburg, PA 17108
Mr. Jeff Schmidt
Legislative Liaison
(717) 232-0101
U.S. Department of Agriculture
Soil Conservation Service
470 Sunrise Avenue
Honesdale, PA 18431
Mr. Louis Beck'
(717) 253-1370
United Steelworkers of America
Legislative Committee of PA
1 Shore Drive Office Center
2001 N. Front Street, Suite 21
Harrisburg, PA 17102
Mr. John H. Reck
Secretary and Treasurer
(717) 238-7359
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USDA Soil Conservation Service
Federal Building
228 Walnut Street, Box 985
Harrisburg, PA 17108
Mr. James H. Olson
State Conservationist
(717) 782-3444
Water Pollution Control Association
of Penna.
6617 Church Ave., Ben Avon
Pittsburgh, PA 15202
Dr. James P. Miller, President
SOLID WASTE ADVISORY COMMITTEE MEMBERS
Present Members
Eleanor Winsor, Executive Vice President (Committee Chairperson)
Pennsylvania Environmental Council
Philadelphia
Robert C. Boyer, Commissioner
Lancaster County
Lancaster
Ronald J. Buchanan, Ph.D., Environmental Affairs Manager
Rollins Environmental Services, Inc.
Chadds Ford
Wyona Coleman, Conservation Chair
Pennsylvania Sierra Club
West Brownsville
Arthur Davis, Goddard Chair
College of Agriculture
School of Forest Resources
University Park
Richard H. Demmy, P.E., Director
Roy F. Weston, Inc.
West Chester
James DiMaria, Mayor
Meadville
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John Harney
B-CAUSE
Milan
William T. Hemsley, President
Nassaux-Hemsley, Inc.
Chambersburg
Paul Hess, Ph.D., Director-Environmental Affairs
Hershey Foods
Hershey
Larry Kephart, Clinton County Commissioner
Court House
Lock Haven
Franklin Kury, Esquire
Reed, Smith, Shaw and McClay
Harrisburg
Murray W. Laite
Lewistown
Pat Pelkofer, Vice President
Group Against Smog and Pollution (GASP)
Pittsburgh
Carole Rubley, Solid Waste Coordinator
Chester County Health Department
West Chester
George A. Schnabel
Rohm and Haas Company
Philadelphia
Edwin Seidler, Vice President-Engineering and Construction
Pennsylvania Power and Light Company
Allentown
Edith Stevens
League of Women Voters
Cresco
3erry Walls, Executive Director
Lycoming County Planning Commission
Williamsport
Mary 3o White, Corporate Secretary and Attorney
Quaker State Oil Refining Company
Oil City
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Previous Members
James K. Adams (December 1980-December 1983)
Susquehanna County Commissioner
Montrose
Carol Baker (December 1980-July 1981)
ACID
Lewistown
Fred Baker (May 1982-December 1983)
Pennsylvania State Association of Township Supervisors
Camp Hill
Martha Co'nnamach.er (December 1980-December 1983)
Cheswick
John Dorin (December 1980-December 1983)
GTE Products Corporation
Montoursville
Carol Eshelman (December 1980-December 1983)
League of Women Voters
Newtown Square
Lee Janiczek (December 1980-August 1983)
Springfield Township Commissioners
Spring field
Ronald E. Klingle (December 1980-July 1982)
Mill Service, Inc.
Hermitage
Michael D. LaGrega (December 1980-December 1983)
Bucknell University
Lewisburg
Robert Schultz (December 1980-May 1981)
Pennsylvania State Association of Township Supervisors
Camp Hill
Thomas P. Shelburne (December 1980-December 1983)
Tunkhannock
Gordon West (December 1980-November 1982)
Rohm and Haas Company
Philadelphia
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GROUPS AND INDIVIDUALS INVOLVED IN ENV]
CAL CONFLICT RESOLUTION
American Arbitration Association
Research Institute
1700 Broadway - Suite 1702
New York, NY 10019
(212) 246-1839
Donald B. Straus, President
Center for Collaborative Problem Solving
185 Berry Street
San Francisco, CA 94107
(414) 777-0395
Jane Voget, Diretor
Clark-McGlennon Associates, Inc.
148 State Street
Boston, MA 02109
(617) 742-1580
Peter B. Clark and John A. S. McClennon,
Principals
The Conservation Foundation
RESOLVE, Center for Environmental
Conflict Resolution
1717 Massachusetts Avenue, N.W.
Washington, DC 20036
(202) 797-4373
Gail Bingham
Institute for Environmental Negotiation
Campbell Hall
University of Virginia
Charlottesville, VA 22903
(804) 924-1970
Richard Collins, Director
Bruce Dotson, Assistant Director
Federal Mediation and Conciliation Service
Office of Mediation Services
2100 K Street N.W.
Washington, DC 20427
(202) 653-5320
Harold E. Davis, National Representative
for New Area Development.
Institute for Environmental Mediation
3318 Queen Anne Avenue North
Seattle, WA 98108
(206) 285-4641
Gerald W. Cormick, Executive Director
Leah K. Patton, Director of Mediation Services
Institute for Mediation and Conflict Resolution
116 East 27th Street
New York, NY 10016
(212) 685-4400
Laura D. Blackburne, Chief Execuive Officer
Jeff Jefferson, Vice President for Training
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Jane McCarthy
29 East Ninth Street
New York, NY 10003
(212) 484-4105
New England Environmental Mediation Center
190 High Steet
Boston, MA. 02110
(617) 451-3670
William R. Humm, Executive Director
David O'Connor and Susan Carnduff
Francis X. Quinn, S. J.
Mediator
Editor Ethical Aftermath Series.
Ill S. 16th Street
Longport, NJ 08403
Rivkin Associates
2900 M Street, N.W.
Washington, DC 20007
(202) 337-3100
Scientists' Institute for Public Information
355 Lexington Avenue
New York, NY 10017
(212) 661-9110
Alan McGowan
Lawrence Susskind
Associate Professor and Department Head
Department of Urban Studies and Planning
Massachusetts Institute of Technology
77 Massachusetts Avenue
Cambridge, MA 02139
(617) 253-2026
Wisconsin Center for Public Policy
Environmental Mediation Project
1605 Monroe Street
Madison, WI 53711
(608)257-4414
Howard S. Bellman, Project Director
Cynthia Sampson, Project Coordinator
ENVIRONMENTAL AND CITIZENS ORGANIZATIONS
Concerned Residents of the Yough
(CRY)
Box 259
Yukon, PA 15698
(412) 722-3092
Environmental Defense Fund
(EDF)
444 Park Avenue South
New York, NY 10016
(212) 686-4191
or
1616 P Street, N.W.
Washington, DC 20036
(202) 387-3500
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National Wildlife Federation
(NWF)
1412 Sixteenth Street, N.W.
Washington, DC 20036-9967
Natural Resources Defense Council
(NRDC)
1350 New York Avenue, N.S.
Suite 300
Washington, DC 20005
(202) 783-7800
Pennsylvanians United to Rescue
the Environment (PURE)
R.D.#1, Box 60
Seven Valleys, PA 17360
Citizens Against Toxic Sites
(CATS)
P. 0. Box 815
Bessemer, PA 16112
or
P. 0. Box 2366
New Castle, PA 16102
Citizens and Laborers for
Environmental Action Now, Inc.
(CLEAN)
200 East Water Street
Lock Haven, PA 17745
Citizens Clearinghouse for
Hazardous Wastes
P. 0. Box 926
Arlington, VA 22216
(703) 276-7070
Clean Water Action Project
733 15th Street, N.W.
Suite 1110
Washington, DC 20005
or
107 Sixth Street
Room 1207
Pittsburgh, PA 15222
(412) 765-3053
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ORGANIZATIONS TO CONTACT FOR MOKE INFORMATION
For General Information:
Department of Environmental Resources
Bureau of Solid Waste Management
P. 0. Box 2063
Harrisburg, PA 17120
(717) 787-6239
For Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
and West Virginia contact:
EPA Region 3
Hazardous Waste Management Division,
Waste Management Branch
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-0980
For Information Concerning RCRA or Superfund:
EPA RCRA Hotline
(800) 424-9346
For Technical Assistance:
PENNTAP
Pennsylvania State University
501 Keller Building
University Park, PA 16802
(814) 875-0427
For a Listing of Treatment, Storage and Disposal Facilities.
Pennsylvania Environmental Research Foundation
225 S. 15th St., Mezzanine, Lewis Tower Bldg.,
Philadelphia, PA 19102
Department of Environmental Resources
Bureau of Solid Waste Management
P. 0. Box 2063
Harrisburg, PA 17120
(717) 797-6239
For Information on Waste Exchange Programs as Alternative to Waste
Disposal:
U.S. EPA
Office of Solid Waste
401 M. Street, S.W. (WH-563)
Washington, DC 20460
(202) 755-6572
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Walker Banning, Manager
Northeast Industrial Waste Manager
90 Presidental Plaza, Suite 122
Syracuse, NY 13202
(315) 422-6572
For Information on the Transportation of Hazardous Waste:
Gary W. Moulder
PA Department of Transportation
Hazardous Substance Division
Regulation Compliance Section
Transportation & Safety Bldg., Room 215
Harrisburg, PA 17120
(717) 787-7444
For Information on Financial Assistance Programs for Hazardous Waste
Management, Free Publications, and Information on Hazardous Waste
Regulations:
EPA Small Business Ombudsman Hotline
(800) 368-5888
To be Placed on EPA's Mailing List for Current and Upcoming Regulatory
Actions likely to Affect Small Business:
EPA
Office of Regulation Management
(202) 382-5480
To Report Oil and Hazardous Substances Releases:
National Response Center
(800) 424-8802
Pennsylvania Emergency Management Agency for your county coordinator:
Field Offices:
Eastern Area (215) 562-3003
Central Area (717) 374-2055
Western Area (412) 357-2990
or your local fire or police
For Assistance in Resolving a Conflict or Dispute:
EPA Small Business Ombudsman
(800) 368-5888
For Information on Upcoming Seminars, to Procure a Speaker, or to Obtain an
Informative Slide Show:
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Pennsylvania Environmental Research Foundation
225 S. 15th St., Mezzanine, Lewis Tower Building
Philadelphia, PA 19102
(800) 322-9214
(215) 735-0966
or
Pittsburgh Pennsylvania Environmental Research Foundation
345 Fourth Avenue
Standard Life Building, Suite 903
Pittsburgh, PA 15222
(412) 281-3044 or 281-3045
For Other Information:
Small Business Administration
Small Business Action Center
(717) 783-5700
Pennsylvania Environmental Research Foundation
(800) 322-9214
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INSTRUCTION SHEET
* MUNICIPAL NOTIFICATION OF PERMIT APPLICATION
Act No. If, P.L. 834 amends the Commonwealth's Administrative Code effective
April 17, 1984 and requires that:
(1) The Department of Environmental Resources shall require every applicant
for the following permits and permit revisions to give written notice to each municipality in
which the activities are located:
air quality permits under the Air Pollution Control Act;
i. water allocation permits;
ii. water obstruction permits;
v. water quality permits (except relating to mining), and
v. solid waste management permits including municipal, residual and
hazardous waste permits.
(2) The Department may not issue a permit within 30 days of the notices
described in paragraphs (i), (ii), (iii) and (iv) above or within 60 days of the notice described
in (v) above.
(3) This requirement does not apply to permits relating to coal mining.
In submitting your application to DER for any of the above noted permits, you
are to provide:
1. a copy of your correspondence notifying the municipaiity(ies) in which the
permitted activity will occur of your intentions, and
2. evidence that the municipality(ies) have received your notification.
Acceptable forms of this include - certified mail receipt; or written
acknowledgement of the notification from the municipality(ies).
Failure to provide a copy of your notification correspondence and evidence of
municipal receipt of your notification with the application will delay processing of your
permit application. Failure to comply with Act No. 14, P.L. 834 will result in permit denial.
* YOU MUST NOTIFY BOTH COUNTY & TOWNSHIP
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Subchapter F. CRITERIA FOR SITING HAZARDOUS WASTE TREATMENT
AND DISPOSAL FACILITIES
Authority
The provisions of this Subchapter F were adopted under the authority of the Solid Waste
Management Act, Act of July 7, 1980 (P.L. 380, No. 97), sections 104, 105 and 507 (35 P.S.
§§6018.104, 6018.105 and 6018.407) and section 1920-A of the Administrative Code, Act of
April 9, 1929 (P.L. 177, No. 175) (71 P.S. §510-20).
Source
The provisions of this Subchapter F were adopted July 30, 1985 and were effective
September 21, 1985, 15 Pa. B. 3334.
GENERAL PROVISIONS
§ 75.401. Definitions.
(a) The following words and' terms when used in this subchapter shall have the mean-
ings given to them, unless the context clearly indicates otherwise:
Active water supply — A water supply in use prior to both the receipt of a permit
application and the establishment of a public participation program for a hazardous waste
management facility.
Facility site — All contiguous land owned or under the control of an owner or
operator of a hazardous waste facility and identified in a permit or permit application.
Wetlands — Those areas that are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions,
including swamps, marshes, bogs, and similar areas. The term includes but is not-limited
to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands
Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan, the U.S. Fish
and Wildlife National Wetland Inventory and any wetland areas designated by a river basin
commission.
(b) All other words and terms not otherwise defined in this subchapter shall have the
meanings ascribed to them in § 75.260.
SCOPE AND APPLICABILITY
§ 75.411. Scope and Applicability.
The requirements of this subchapter apply to siting of hazardous waste treatment and
disposal facilities. The hazardous waste treatment or disposal facility must satisfy all other
applicable requirements of this Chapter. The criteria for siting hazardous waste treatment
and disposal facilities are divided into two phases as described in §§ 75.412 and 75.413.
75.225
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§ 75.412. Phase J.
Phase I, exclusionary criteria are established in §§ 15 All—75.429 and prohibit the siting
of a hazardous waste treatment or disposal .facility in an excluded area delineated under these
criteria. The Department will deny a permit application without further review if the Depart-
ment determines the proposed facility is located in an excluded area. Phase I criteria apply
to ail hazardous waste treatment or disposal facilities, except: facilities that were sited and
substantially constructed in good faith prior to the effective date of these regulations; and
modifications to facilities which are within the existing facility site.
§ 75.413. Phase II.
Phase II criteria are established in §§ 75.441—75.450 and identify further environmen-
tal, social and economic factors which may affect the suitability of a location for a proposed
facility. Phase II criteria apply to all hazardous waste treatment or disposal facilities and
modifications thereto. If a facility site does not satisfy a Phase II criteria, the applicant must
submit additional information and analyses to allow the Department to assess what effect,
if any, failure to satisfy the criterion has upon the acceptability of the facility site. The Depart-
ment will provide notice to municipal officials and other interested persons in order to solicit
further information regarding potential effects of a failure to meet Phase II criteria at the
proposed facility site. The Department may undertake additional investigations and after con-
sideration of all relevant information, will determine whether the proposed design, construc-
tion and operation of the facility will successfully mitigate adverse effects which would otherwise
be associated with failure to satisfy the criterion. After evaluating each Phase II criterion,
individually the Department will evaluate the facility's overall compliance with the Phase II
criteria, and will identify risks that have not been eliminated through mitigation measures.
If risks to the public health or safety, or to significant natural, scenic, historic or aesthetic
values remain, which, in the judgment of the Department, render the proposed facility site
unacceptable for a hazardous waste treatment or disposal facility, the Department may in-
clude conditions in the permit which eliminate or reduce the identified risks or may deny
the permit application.
§ 75.414. Distances.
The distances from a facility to a feature or structure described in these criteria shall
be measured from the perimeter of the facility site.
PHASE I EXCLUSIONARY CRITERIA
§ 75.421. Water Supply.
(a) Landfill, land treatment and surface impoundment facilities shall not be sited:
(1) Within one-half mile of any well or spring used for a community water supply;
(2) Within one-half mile of either side of a stream or impoundment for a dis-
tance of five stream miles upstream of any surface water intake for a community water supply;
or
(3) Within one-half mile of any off-site private or non-community public well
or spring used as an active water supply, unless prior to operation of the facility the appli-
cant demonstrates the availability of an acceptable permanent alternative supply of like quan-
tity, yield and quality to the existing supply, and provides financial assurance that the alter-
nate supply will be made available at no additional cost to the water supply owner for a period
of time that shall be no less than the bond liability period established in § 75.323. If a permit
is granted it shall include a permit condition which requires installation of the alternative
water supply prior to operation of the facility.
75.226
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(b) A permanent alternative supply may be provided through the development of a
new well with a distribution system, interconnection with a public water supply, extention
of a private water supply, or similar proposals, but does not include provision of bottled
water or a water tank supplied by a bulk water hauling system.
(1) The applicant must demonstrate good faith efforts to reach agreement with
the water supply owner regarding the provision of an acceptable permanent alternative water
supply.
(2) In the event that the applicant is unable, despite good faith efforts, to reach
agreement with the water supply owner, the applicant must demonstrate to the Department
that an acceptable permanent alternative water supply is available, has been offered and will
be provided to the water supply owner.
(3) The Department will determine that an alternative permanent water supply
is acceptable if the quality and quantity satisfy all requirements for public water supplies
established in the Pennsylvania Safe Drinking Water Act, Act of May 1, 1984, (P.L. 206,
No. 43), 35 P.S. §721.1 etseq. and 25 Pa. Code Chapter 109 (relating to Safe Drinking Water).
The Department may require the alternative water supply to provide higher quality, quantity
or yield of water than that required to be delivered by public water systems if the water supp-
ly owner demonstrates that such higher quality, quantity or yield is necessary to continue
a pre-existing use of substantial economic value.
§ 75.422. Flood Hazard Areas.
(a) Surface impoundment, landfill and land treatment facilities shall not be sited in
the 100-year floodplain or such larger area as the flood of record has inundated.
(b) Treatment and incineration facilities shall not be sited in the 100-year floodplain
or such larger area as the flood of record has inundated unless the industrial use on the proposed
site was in existence as of the effective date of the Pennsylvania Flood Plain Management
Act, Act of October 4, 1978 (P.L. 851, No. 166) (32 P.S. §§679.101—679.601).
§ 75.423. Wetlands.
Treatment and disposal facilities shall not be sited in wetland areas.
§ 75.424. Oil and Gas Areas.
Surface impoundment, landfill and land treatment facilities shall not be sited over ac-
tive or inactive oil and gas wells or gas storage areas located within or beneath the facility
site. "Active or inactive oil and gas wells or gas storage areas" shall have the same meaning
as in the Oil and Gas Act of 1984 (58 P.S. §601.101 et seq.).
§ 75.425. Carbonate Bedrock Areas.
Surface impoundments, landfill and land treatment facilities shall not be' sited over
limestone or carbonate formations, where the formations are greater than five (5) feet in
thickness and present at the topmost geologic unit. Areas mapped by the Pennsylvania Geologic
"Survey as underlain by such formations shall be excluded unless competent geologic studies
demonstrate the absence of such formations under the facility site.
§ 715.426. National Natural Landmarks and Historic Places.
Treatment and disposal facilities shall not be sited within National Natural Landmarks
designated by the National Park Service or historic sites listed on the National Register of
Historic Places, unless the statute under which the designation or listing has been made
authorizes the operation of such facilities in such areas.
75.227
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§ 75.427. Dedicated Lands in Public Trust.
Treatment and disposal facilities shall not be sited on lands in public trust including state,
county or municipal parks, units of the National Parks System, state forests, the Allegheny
National Forest, state game lands, property owned by the Pennsylvania Historical and Museum
Commission, a national wildlife refuge,.national fish hatchery or national environmental center
unless the agency administering such lands has been given authority by statute or ordinance
to allow the operation of such facilities on such lands.
§ 75.428. Agricultural Areas.
Treatment and disposal facilities shall not be sited in agricultural areas established under
the Pennsylvania Agricultural Area Security Law, 3 P.S. §§901—905, or in farmlands iden-
tified as Class I agricultural land by the Soil Conservation Service.
§ 75.429. Exceptional Value Waters.
Treatment and disposal facilities shall not be sited in watersheds of Exceptional Value
Waters.
PHASE II CRITERIA
§ 75.441. Water Supply.
(a) The applicant shall determine whether a proposed surface impoundment, landfill
or land treatment facility is within the ground-water recharge area for any public or private
water supplies. The applicant shall delineate the position of the proposed facility site within
relevant ground-water flow systems. The applicant shall identify all public and private water
supplies and water treatment plants which may potentially be adversely affected by ground-
water flow associated with the proposed hazardous waste facility (i.e., the water supplies located
down-gradient in the flow path from the facility).
(b) For any water supplies or water treatment plants which may be affected by the
proposed facility, the applicant shall submit a detailed hydrogeologic study including infor-
mation addressing the following.
(1) hydraulic conductivity of the aquifer for the water supplies;
(2) hydraulic conductivity of the geologic deposits underlying the proposed facility;
(3) assessment of the influence of faults, fractures, or other structural geologic
features upon hydraulic conductivity and groundwater flow directions;
(4) pumping rates of water supply wells and the areal extent and configuration
of the cone of pumping depression associated with these wells in relation to the groundwater
table of the surrounding areas.
(c) For any water supplies or water treatment plants which the hydrogeologic study
required in paragraph (b) indicates may be adversely affected by the proposed facility, the
applicant shall demonstrate:
(1) The hydrogeologic characteristics of the proposed facility site and adjacent
areas assure that implementation of a groundwater monitoring well program will provide
protection of water supplies or water treatment plants from potential contamination; and
(2) The feasibility of providing a permanent alternative water supply acceptable
to the water supply owner of like quantity and quality to the existing supply at no additional
cost to said owner.
75.228
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§ 75.442. Geology.
(a) Faults. Landfill, land treatment and surface impoundment facilities are deemed
to be acceptable if located one mile or more from a major structural feature. A major struc-
tural feature is a fault mapped by the Pennsylvania Geologic Survey or the United States
Geological Survey at a scale of four miles to the inch. If the proposed facility is within one
mile of a major structural feature, the applicant shall provide information and analyses to
allow the Department to assess the compatibility of the proposed facility design with such
faults in the area.
(b) Bedrock Depth. For surface impoundment, landfill and land treatment facilities,
a depth to bedrock of fifteen (15) feet or more shall be considered acceptable. Where the
construction of the proposed facility requires excavation, the final depth to bedrock shall
be considered. The applicant shall address any lesser bedrock depths by providing informa-
tion and analyses to allow the Department to assess the compatibility of the design and con-
struction of the proposed facility with the bedrock depth.
(c) Slopes. Slopes less than 15^0 for surface impoundment, landfill and land treat-
ment facilities shall be considered acceptable. The applicant shall address any greater slopes
by submitting information and analyses to allow the Department to assess the compatibility
of the design and construction measures for the proposed facility that would minimize any
adverse effects.
(d) Landslide prone areas. U a facility site is in a landslide prone area or is adjacent
to a landslide prone area, the applicant shall submit information and analyses to allow the
Department to assess whether the design measures provide adequate protection from poten-
tial landslides.
(e) Oil and Gas Wells. Surface impoundment, landfill and land treatment facilities
shall be considered acceptable if the applicant can establish that abandoned oil and gas wells
and gas storage areas do not exist within the proposed facility site. "Abandoned oil and gas
wells and gas storage areas" shall have the same meaning as in the Oil and Gas Act of 1984
(58 P.S. §601.101 et seq.). If such abandoned facilities exist, the applicant shall provide in-
formation and analyses to allow the Department to assess the probability and degree of any
subsurface discharges to be expected from the existence of abandoned oil and gas wells and
gas storage areas within the facility site after such wells are plugged.
(0 Carbonate Areas. Where surface impoundment, landfill, or land treatment and
disposal facilities are proposed over areas underlain by carbonate bedrock, the applicant shall
provide information and analyses to allow the Department to assess the prevalence of solu-
tion channels and the potential for sinkholes at the facility site.
(g) Hydrogeology. A surface impoundment, landfill or land treatment facility shall
not be located in an area underlain by coarse unconsolidated deposits such as well sorted
valley fill deposits and heavily fractured bedrock. If any other facility is to be located in an
area underlain by coarse unconsolidated deposits the applicant shall provide information and
analyses to allow the Department to further assess the facility site to determine the environmen-
tal impact of these subsurface conditions.
(h) Seismic Risk Zones. If a proposed treatment or disposal facility is within a five (5)
mile radius of earthquake epicenters as mapped by the Pennsylvania Geologic Survey or the
United States Geological Survey, the applicant shall specify design measures necessary to
withstand potential seismic events, and the Department shall determine whether the proposed
design measures provide adequate protection from potential earthquake damage.
75.229
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§ 75.443. Soils.
(a) pH. Land fanning facilities located so the soil pH within the proposed facility is
' 6.0 or greater shall be deemed to be acceptable. If the proposed facility cannot meet the above
soil pH requirements, the applicant shall provide information and analyses to allow the Depart-
ment to assess the ability of the proposed facility to mitigate adverse environmental effects
resulting from incompatible soil pH.
(b) Cation Exchange Capacity. Surface impoundment, landfill and land treatment
facilities located so that the capacity of the soil to exchange cations expressed as a sum for
all exchangeable cations is fifteen (15) milliequivalents per 100 grams of soil or greater shall
be deemed to be acceptable. If the cation exchange capacity is less than fifteen (15), the ap-
plicant shall provide information and analyses to allow the Department to assess the soil ca-
tion exchange capacity in relation to the potential for migration of contaminants from the
proposed facility.
3 75.444. Mineral Bearing Areas.
(a) Ownership of Mineral Rights.
(1) Surface impoundment, landfill and land treatment facilities shall be deemed
to be acceptable if the applicant owns the mineral rights within the proposed facility and
the area has not been previously mined.
(2) If the applicant does not own all the mineral rights within the proposed
facility, the applicant shall determine the ownership of mineral rights conveyed with the
property deed to the proposed facility. The applicant must further provide a certification
based on a property title search, that ownership of all mineral rights including coal, oil and
gas is or will be held by the applicant and that these rights will not be severed from the property
as long as hazardous waste remains on the property.
(b) Surface Subsidence Risk. If any part of a proposed facility site has been previously
mined by deep or surface mining methods the applicant shall provide the results of an engineer-
ing study of the proposed site by a competent geotechnical engineer. The study shall allow
the Department to assess the probability and degree of surface subsidence and the methods
which have been used or are proposed to stabilize the surface. Additionally, the applicant
shall provide assurance that any minerals providing support will not be mined as long as hazar-
dous waste remains on the site.
§ 75.445. Land Use.
(a) New Facilities. Treatment and disposal facilities located on lands either designated
for industrial use by existing municipal zoning or indicated as industrial in officially adopted
county or municipal comprehensive plans or land use maps are deemed to be acceptable.
If this standard cannot be met, the applicant shall provide information and analyses to allow
the Department to assess the compatibility of the design of the proposed facility with zoning
or land use controls. Where no zoning exists, the applicant shall provide information and
analyses to allow the Department to assess compatibility with existing land use.
(b) Existing Facilities. Treatment and disposal facilities located on sites where solid
waste or hazardous waste operations (treatment, storage, recovery and disposal) or both are
currently being conducted under authority of the Act are deemed to comply with the Land
Use criterion.
75.230
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§ 75.446. Transportation Standards.
(a) Access. Treatment and disposal facilities within five (5) miles travel distance of
Interstate or limited access highways and served by roads capable of handling anticipated
truck traffic or served by a dedicated limited access highway shall be deemed to be accep-
table. If this standard cannot be met, the applicant shall provide information and analyses
to allow the Department to assess the proximity of the proposed facility to Interstate highways,
the effect upon the operation of the proposed facility and the effect of the proposed facility
upon the community in the transportation corridor to and from the facility. The applicant
shall further provide a plan for highway improvements, if necessary.
(b) Structures Along Transportation Corridor. Treatment and disposal facility sites
where the transportation corridor between the entrance to a facility and the nearest Interstate
or limited access highway is the primary access for less than five (5) residential dwellings per
road mile with no schools, community parks or hospitals, are deemed to be acceptable. If
these criteria are not met, the applicant shall provide information and analyses to allow the
Department to assess the effect the proposed facility will have upon safety and traffic
congestion.
(c) Transportation Restrictions. Treatment and disposal facility sites are
deemed to be acceptable if there are less than four (4) intersections per mile between the en-
trance to the facility and the nearest Interstate or limited access highway. If there are four
(4) or more intersections per mile, £he applicant shall provide information and analyses to
allow the Department to assess the effect the proposed facility will have upon safety and traffic
congestion.
§ 75.447. Safety Services.
Treatment and disposal facilities are deemed to .be acceptable if located within an area
with adequate safety services. The applicant shall provide information and analyses to allow
the Department to assess the adequacy of fire protection, police, ambulance and other necessary
safety services available and willing to provide services to the proposed facility. In all cases,
the applicant must also comply with the requirements of Sections 264(h) (relating to
preparedness and prevention) and 264(i) (relating to contingency plans) of this Chapter.
§ 75.448. Proximity of Facilities and Structures.
Treatment and disposal facility sites are deemed to be acceptable if the distance from
the facility to any airport, school, community park, hospital, church, retail center or nursing
home, is greater than one mile. If this criterion cannot be met, the applicant shall provide
information and analyses to allow the Department to assess the effect the proposed facility
will have on the use of these facilities.
§ 75.449. Economic Criteria.
(a) A treatment or disposal facility which does not adversely effect the economy of
the host and contiguous municipalities and municipalities contiguous to the transportation
corridor to the nearest Interstate or limited access highway is deemed to be acceptable without
further assessment. If the facility will result in a net loss of revenues to local jurisdictions,
the applicant shall provide information and analyses to allow the Department to assess any
compensation needed to offset actual net loss of revenues to local jurisdictions caused by
the proposed facility.
75.231
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(b) If a treatment or disposal facility will result in a net increase in the cost of services
provided by local government, the applicant shall provide information and analyses to allow
the Department to assess any compensation needed to offset net increases in cost of services.
(c) If a treatment or disposal facility will adversely impact the local economy, the ap-
plicant shall provide information and analyses to allow the Department to assess any employ-
ment and/or future economic development generated as a result of the location of the facility
which may offset any decrease in the local economy.
(d) If a treatment or disposal facility will result in a net increase in cost for monitoring
the facility by local government, the applicant shall provide information and analyses to allow
the Department to assess the need for compensation for technical assistance which may off-
set these costs. The applicant shall further assess any provisions for site access by local
government.
(e) The applicant shall provide information and analyses to allow the Department to
assess any change in market value of property within the local government caused by opera-
tion of the treatment or disposal facility and any means by which operation of the proposed
facility may offset such change.
§ 75.450. Environmental Assessment Considerations.
(a) The purpose of the following criteria is to assist the Department in evaluating the
potential impact of a proposed treatment or disposal facility on natural, scenic, historic and
aesthetic values of the environment, in accordance with Article I, Section 27 of the Penn-
sylvania Constitution. The Department will determine whether significant environmental harm
will occur after reviewing the applicant's environmental assessment report submitted in com-
pliance with 25 Pennsylvania Code, Chapter 75 and these regulations and after consulting
with the applicant and relevant governmental agencies.
(b) If the Department determines that there is a significant impact on natural,
scenic, historic, or aesthetic values of the environment, the Department will consult with the
applicant to examine ways to reduce the environmental incursion to a minimum. If, after
consideration of mitigation measures, the Department finds that significant environmental
harm will occur, the Department will evaluate the social and economic benefits of the proposed
facility to determine whether the harm outweighs the benefits. The evaluation of environmental
harm must include at a minimum, a consideration of the impact of the proposed facility on
the fifteen types of environmental resources described in this subsection at (1) through (15).
There may be additional potentially affected natural, scenic, historic or aesthetic values which
the Department is constitutionally obligated to protect that will be considered for proposed
facilities in some locations. In those instances, the Department will identify those additional
potential impacts for the applicant. The following criteria will not be construed as an at-
tempt to limit or restrict the responsibilities of any agency of the Commonwealth under Arti-
cle I, Section 27 of the Constitution.
(1) If the proposed facility is located within one mile of the corridor of a stream or
river designated as a national or State Wild, scenic, recreational, pastoral or modified recrea-
tion river in accordance with the National Wild and Scenic Rivers Act of 1968 (16 U.S.C.A.
§§1271—1287), or the Pennsylvania Scenic Rivers Act, the Act of December 5, 1972 (P.L.
1277, No. 283) (32 P.S. §§820.21—820.29), the applicant shall provide information and analyses
to allow the Department to determine whether the proposed facility conforms to the designating
statutes, land management guidelines and studies or plans for the corridor.
75.232
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(2) If the proposed facility is located within one mile of the nearest bank of a
stream or river listed as a 1-A priority for study by the Department as a state wild, scenic,
recreational, pastoral or modified recreational river; or mandated by the United States Con-
gress for study or determined by the United States Park Service to meet the criteria for study
for potential inclusion into the National Wild and Scenic Rivers System, the applicant shall
provide information and analyses to allow the Department to assess the extent to which the
proposed facility may create adverse environmental, visual or traffic impacts on the river
or stream.
(3) If the proposed facility is located within one mile of a unit of the National
Parks System; a state, county, or municipal park; a recreational facility operated by the United
States Army Corps of Engineers; a state forest picnic area; or the Allegheny River Reservoir
in the Allegheny National Forest; the applicant shall provide information and analyses to
allow the Department to assess the extent to which the proposed facility may create adverse
environmental, visual or traffic impacts on the park or other recreation areas listed in this
subsection. -
(4) If the facility is located within one mile of the footpath of the Appalachian
Trail or other state designated trail, the applicant shall provide information and analyses to
allow the Department to assess the extent to which the proposed facility may create adverse
environmental, visual or traffic impacts on the Appalachian Trail or other state designated trail.
(5) If the facility is located within one mile of a National Natural Landmark
designated by the United States National Park Service; or a natural area or wild area designated
by the Environmental Quality Board, the applicant shall provide information and analyses
to allow the Department to assess the extent to which the proposed facility may create adverse
environmental, visual or traffic impaas on the National Landmark, natural area or wild area.
(6) If the facility is located within one mile of or within an identified potential
impact area of a national wildlife refuge, national fish hatchery, or national environment
center operated by the United States Fish and Wildlife Service, the applicant shall provide
information and analyses to allow the Department to assess the extent to which the proposed
facility may create adverse environmental, visual or traffic impacts on the wildlife reserve,
fish hatchery, or environmental center,
(7) If the facility is located within one mile of a historic property owned by the
Pennsylvania Historical and Museum Commission, the applicant shall provide information
and analyses to allow the Department to assess the extent to which the proposed facility may
create adverse environmental, visual or traffic impacts on the historic property.
(8) If the facility is located within one mile of a historic site listed in the National
Register of Historic Places, the applicant shall provide information and analyses to allow
the Department to assess the extent to which the proposed facility may create adverse im-
pacts on such historic sites.
(9) If the facility is located within one-quarter mile of a historic site listed in the
Pennsylvania Inventory of Historic Places or an archaeological site listed in the Pennsylvania
Archaeological Site Survey, the applicant shall provide information and analyses to allow
the Department to assess the extent to which the proposed facility may create adverse im-
pacts on the historical or archaeological site.
(10) If the facility is located within one mile of the boundary of a state forest or
state game land or the proclamation boundary of the Allegheny National Forest, the appli-
cant shall provide information and analyses to allow the Department to assess the extent to
which the proposed facility may create adverse impacts on the forest, game land or resources.
75.233
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(11) If the facility is located within an area which is a habitat of a rare, threatened,
or endangered species of plant or animal protected by the Federal Endangered Species Art
of 1973 (17 U.S.C.A. §136 and §16 U.S.C.A. §§460K-1, 4601-9, 668 dd, 715i; 715s, 1362,
1371, 1372, 1402, 1531—1543), the Wild Resource Conservation Act, Act of June 23, 1982
(P.L. 597, No. 170) (32 P.S. §§5301—5314), or recognized by the Pennsylvania Fish Com-
mission or Pennsylvania Game Commission; the applicant shall provide information and
analyses to allow the Department to assess the extent to which the proposed facility may create
adverse impacts on the species or habitat and any mitigation measures the applicant has
proposed to deal with any adverse impacts.
(12) If the facility will result in an increase in the peak discharge rate of storm-
water drainage from the project site, the applicant shall demonstrate that the proposed facility
is in conformance with any official stormwater management plan required by the Storm Water
Management Act (32 P.S. §680.1 etseq.), and the proposed facility will'manage the run-off
in a manner that otherwise adequately protects health and property from injury.
(13) If a facility is proposed to be located in a watershed for which a formal
written request for designation as Exceptional Value Waters has been received by the Depart-
ment or the Environmental Quality Board, the applicant shall provide information and analyses
to allow.the Department to assess the impact of the proposed facility on the pending
designation.
(14) If the facility generates a wastewater discharge which could degrade
waters designated as High Quality Waters under Chapter 93 (relating to Water Quality Stan-
dards) or waters for which a formal written request for designation as High Quality Waters
has been received by the Department or the Environmental Quality Board, the applicant shall
demonstrate:
(i) the discharge is justified as a result of necessary economic or
social development which is of significant public value; and
(ii) the discharges, alone or in combination with any other anticipated
discharges of pollutants to such waters, will-not preclude any use presently possible in such
waters and downstream from such waters, and will not result in a violation of any of the
numerical water quality criteria specified in § 93.9 (relating to designated water uses and water
quality criteria) which are applicable to the receiving waters.
(15) If a proposed facility is to be located on prime or unique agricultural land
as defined by the Soil Conservation Service, lands currently in agricultural use, or lands of
statewide importance as designated by the Soil Conservation Service, the applicant shall pro-
vide information and analyses to allow the Department's to assess the proposed facility's
consistency with Commonwealth policy such as Executive Order 1982-3 regarding agricultural
lands.
75.234
(Next page is 76.1)
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ER-SWM-59: 1/82
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF SOLID WASTE MANAGEMENT
HAZARDOUS WASTE PERMIT APPLICATION - PART A
GENERAL INFORMATION
NUMBER OF COPIES
Six (6) copies of the Part A permit application and all attachments must
be submitted to the Department.
COMPLETION OF FORMS
Unless otherwise specified in instructions to the forms, each item must
be answered. To indicate that each item has been considered, enter "NA,"
for not applicable, if a particular item does not fit the circumstances or
characteristics of your facility or activity.
If you have previously submitted information to DER or to EPA which
answers a question, you may either repeat the information in the space
provided or attach a copy of the previous submission. Some items in the
form require narrative explanation. If more space is necessary to answer
a question, attach a separate sheet entitled "Additional Information."
CONFIDENTIAL INFORMATION
All information submitted in this form will be subject to public disclosure,
to the extent provided by Section 502(c) of Act 97, The Solid Waste
Management Act of 1980. Persons filing this form may make claims of
confidentiality. Such claims must be clearly indicated by marking
"confidential" on the specific information on the form for which
confidential treatment is requested or on any attachments, and must be
accompanied, at the time of filing, by a written substantiation of the
claim, by answering the following questions:
CONFIDENTIAL INFORMATION (continued)
A. Which portions of the information do you claim are entitled to
confidential treatment?
B. For how long is confidential treatment desired for this information?
C. What measures have you taken to guard against undesired disclosure
of the information to others?
D. To what extent has the information been disclosed to others, and
what precautions have been taken in connection with that disclosure?
E. Has EPA or any other Federal agency made a pertinent
confidentiality determination? If so, include a copy of such determination
or reference to it, if available.
F. Will disclosure of the information be likely to result in substantial
harmful effects to your competitive position? If so, what would those
harmful effects be and why should they be viewed as substantial? Explain
the causal relationship between disclosure and the harmful effects.
If no claim of confidentiality or no substantiation accompanies the
information when it is submitted, OER may make the information
available to the public without further notice to the applicant.
LINE BY LINE INSTRUCTIONS
:tion i
Space is provided at the upper left hand corner of page 1 for insertion
of your EPA Identification Number. If you have an existing facility, enter
your Identification Number. If you don't know your EPA Identification
Number, please contact EPA at 215-597-8751.
SECTION II
Enter the facility's official or legal name. Do not use a colloquial name.
SECTION III
Give the name, title, and work telephone number of a person who is
Thoroughly familiar with the facts reported in this application and who
can be contacted by the person reviewing this application if necessary.
SIC code numbers are descriptions which may be found in the "Standard
Industrial Classification Manual" prepared by the Executive Office of the
President, Office of Management and Budget, which is available from the
Government Printing Office, Washington, D.C. Use the current edition of
the manual.
SECTION Vll-A
Give the name, es it is legally referred to, of the person, firm, public
organization, or any other entity which operates the facility described
in this application. This may or may not be the same name as the faciiitv
The operator of the facility is the legal entity which controls the faciiitv
operation rather than the plant or site manager. Do not use a colloauia
name.
SECTION Vll-B
SECTION IV
Give the complete mailing address of the office where correspondence
;nouid be sent. This may or may not be the address used to designate
D:ne location of the facility.
SECTION V
Indicate whether the entity which operates the faciiitv also owns it bv
marking the appropriate box.
SECTION Vll-C THRU F
Enter the telephone number and address of the operator identifisc
Section Vll-A.
Give the location of the facility identified in Section IV of this form,
f the facility lacks a street name or route number, give the most accurate
Alternative geographic information (e.g., at intersection of Rts. 42S and
221. Include the name of municipality (e.g., township, boro, city, eteJ
2nd the county.
SECTION VI
SECTION Vll-H
Enter the appropriate letter to indicate the legal status of xne oper=:c
of the facility. Indicate "public" for a facility solely owned bv iocs
government(s) such as a city, town, county, etc.
SECTION VIII
List, in descending order of significance, the four 4-digit standard industrial
vilification (SIC) codes which best describe your facility in terms of
^^krincipal products or services you produce or provide. Also, specify
classification in words. These classifications may differ from the SIC
codes describing the operation generating the hazardous wastes.
Give the number of each currently effective Federal or State permit issued
to the facility for each program or, if you have previously filed an ap-
plication but have not yet received a permit, give the number of the
application, if 8ny. Fill in the unshaded area only. If you have more than
one currently effective permit for your facility under a particular permit
program, you may list additional permit numbers on a separate sheet of
paper.
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SECTION IX
Provide a topographic map or maps of the area extending at least to one
mile beyond the property boundaries of the facility which clearly show
the following:
The legal boundaries of the facility;
The location and serial number of each of your existing and proposed
intake and discharge structures;
All hazardous waste management facilities;
Each well where you iniect fluids underground; and
All springs, surface water bodies, and any wells within 1 /4 mile of
the facility.
If an intake or discharge structure, hazardous waste disposal site, or
injection well associated with the facility is located more than one mile
from the plant, include it on the map, if possible. If not, provide an
addtional map on which the structure, site, or well has been plotted.
On each map, include the map scale, a meridian arrow showing north,
and latitude and longitude at the nearest whole second. On all maps of
streams, show the direction of the current, and in tidal waters, show the
directions of the ebb and flow tides. Use a 7-1/2 minute series map
published by the U.S. Geological Survey, which may be obtained from:
Eastern Mapping Center
National Cartographic Information Center
U.S.G.S.
536 National Center
Reston, Va. 22092
Phone No. a03) 880-6336
SECTION X
Briefly describe the nature of your business (e.g., products produced or
services provided).
SECTION Xl-A
FIRST APPLICATION. If this is the first application that is being filed
for the facility place an "X" in either the Existing Facility box or the
New Facility box.
SECTION Xl-B
REVISED APPLICATION. If this is a subsequent application that is being
filed to amend data filed in a previous application, place an "X" in the
appropriate box to indicate whether the facility has interim status or a
permit.
(NOTE: When submitting a revised application, applicants must resubmit
in their entirety each item on the application for which changes are re-
quested. it is not necessary to resubmit information for other items that
mil not change.)
SECTION XII
The information in Section XII describes all the processes that will be
used to treat, store, or dispose of hazardous waste at the facility. The
design capacity of each process must be provided as part of the description.
The design capacity of injection wells and landfills at existing facilities
should be measured as the remaining, unused capacity. See the form for
the detailed instructions.
i wast^^M
che pr^0E
SECTION XIII
The information in Section XIII describes all the hazardous <
will be treated, stored, or disposed at the facility. In addition, the |
that will be used to treat, store, or dispose of each waste and the estimatec
annual quantity of each waste must be provided. See the form for the
detailed instructions.
SECTION XIV
All existing facilities-must include a drawing showing the general layout
of the facility. This drawing must be approximately to scale and fit ir
the space provided on the form. This drawing must show the following:
The property boundaries of the facility;
The areas occupied by all storage, treatment, or disposal operations
that will be used during interim status;
The name of each operation. (Example — multiple hearth incinerator,
drum storage ana, etc.);
Areas of past storage, treatment, or disposal operations;
Areas of future storage, treatment, or disposal operations; and
The approximate dimensions of the property boundaries and all
storage, treatment, and disposal areas.
New facilities do not have to complete this item.
SECTION XV
All existing facilities must include photographs that clearly delineate all
existing structures; all existing arees for storing, treating, or disposing of
hazardous waste; and all known sites of future storage, treatment, or
disposal operations. Photographs may be color or black and
ground-level or aerial. Indicate the date the photograph was taken j
back of each photograph.
SECTION XVI
lent, ui
! wife,
Enter the latitude and longitude of the facility in degrees, minutes, and
seconds. For larger facilities, enter the latitude and longitude at the
approximate mid-point of the facility.
SECTION XVII
See the form for the instructions to Section XVII.
SECTIONS XVIII AND XIX
All facility owners must sign Section XVIII. if the facility will be operated
by someone other than the owner, then the operator must sign Section
XIX. The certification must be signed as follows:
A. For a corporation, by a principal executive officer at leest the level
of vice president;
o
B. For a partnership or sole proprietorship, by a general partner or the,
proprietor, respectively; or
C. For a municipality. State, Federal, or other public facility, by either
a principal executive officer or ranking elected official.
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iR-SWM 59:1/82
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF SOLID WASTE MANAGEMENT
HAZARDOUS WASTE PERMIT APPLICATION - PART A
^Please print or type in the unshaded areas only
i NUMBER
Wl. NAME OF FACILITY
Ilk FAQLITY CQMTACT
A. =JAM£ & TITLE Oast, first; S Vtie)
PWON g (arm sad# <3 no4
l i i i 11
|V. FACILITY MAI Li NG ADDRESS
A. STREET OH #>,Q. BOX
A,STREET, ROUTS NO. OR OTHER SPECtFICtOENTtFtSR
£. MtWHCIPAtfTY
~Vl. SIC CODES f4~d}gitf m order of priority}
A; FIHST
5
G> THIBO
(Hneifyt'
9. SECOND
O FOURTH
ppeeify}*
-y«. OPERATOR INFORMATION
A»f*AMB
•-¦' •' ¦ ¦
mm
8. It the narrcettiteci in
' item Vlt -A atsotfta „
owiwr?
Q YES Q MO
C. STREET OR P.O* SOX
*1
D* CITY OR TOWN
E Stare F Zip Cocf»
G. PHONE (sreacod0&i no.}
H; STATUS.OF OPERATOR (Sntar th# aopropriate tettar mto tte affswer box; rf "Other", specify.}
J F-FEDERAL
J a "STATE
P = PRIVATE
M * PUBLIC father than federat or state)
© «• OTHER {specify}
~
XspecifyA
>i». EXISTING ENVIRONMENTAL PROGRAM PERMITS;
.V. NPPES {Discharges to Surface Water} ' D. PSD (Air Emisstons from Proposed Sottrcas)
t, uic (Underground fttjectiaa of Fluids)
I
S. SOUO WASTE
C. RCHA (Hazardous Wastes}
F. OTHg,R
TTT
(specify)
TT
TT
"XtMFtn this application a topographic map of the area extending t& at least one nflile beyond property boundaries. The map must show the -
jutiine of the facility, the location of each of Its existing and proposed intake and discharge structures, each of its hazardous waste treatment,
torage, or disposal facilities, and any well where it injects fluids underground. Include all springs, rivers and other surface water bodies in the
.map area as per the instructions.
PAGE 1 OF 6
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X. MATURE OF BUSINESS (arovkii!a brtef description!
XL FIRST OR REVISED APPLICATION
Place an "X" In tf» appropriate box in A or B twtew inwk "«w box ontyi to iod&UB whether this tsc the f list application vou nwbmittirm for your facility or
*PP'icet»o»,.« Oft Is your first apfMsaxitm scut yo$» already Jrnow yonr facility's e?A I &. Wttmfcer, or If thi* h *revised application, amar vour fadUill
crA uu. Number trt Sect ten l*
^FRST APPLICATION (place an •
Q 1. EXlSTIWOyAiJItlTY
"X" beJaunmdprautde the appropriate date}
FOB EXISTING FACILITIES. PROVIDE THE DATE
OPERATION BEGAN OR TBS DATE CONSTRUCTION COMMENCED
(taw th4ix>*f» to ifatottl
i I 2.NEW FACILITY tCamptete- item betom.l
1 FOR NEW FACrUTIEf
^PROVED® THE DATE
mo.wSdav^OPEK:
. » began or is b:
JPEeTEp^BEGW-'"'"
EUK 3H
•fflfflll
"1
41
¦ REVISE® APFUCATIOIf^ptew art **X" helms and complete Section It
Q J. FACILITY HAS INTSBIM STATUS
Djl
facility a as a hcra towot
I a. PROCESS cooe — Enter the code from the list of proi^ codes below that best ctocnbMaa^^wTfotoiB^tTfiafa^iTTSThTes are provided for
entering codas* If mora- fines are needed;, enter Tt« «sde<# iw the space provided* If » process will i» used that» not ft«Suded i« the list of codes below. thai
describe the pmswtitictodMsitstbtwwpaenyf i«tha space pro»W«ton theform (ftem XtfiCK
B- f55?CAPACITY — Far escft cocte entered to column A enter capacity of the process.
AMOUNT — Sinter the amount.
2. UNIT OF MEASURE— For each amount entered in coitwnn Qii h enter tha cod* from tfeeiist of unit measure cotes batow that describes th# unit of
nfcrasuwused. Qniy tfwtii»ts of measure that are (feted below may bauswdi
PROCESS
STORAGES
Container {barrel, drum, etc J
Timly
Waste Hte
Surface iispoan . . .
Ltteia
Cubie Yards . .
Cabie Meters
Gailoaa JP« Day
G
X.
Y
C
V
" tJfiffEF; tsfes
MEASURE::
XTN1T Or MEASPRg CODE
Lstera Per Oar V
Tons Pot Hour ...... Q
Metrie Tana Per Hour » W
Oallmwr Per Horn S
Liters Per Hour
¦i?'
TOfltT OF MEASURE
OTTPP or
MEASURE
COOE
Aore-Feet . .
Hectare-Meter
Acres . . . . .
Haotarea » . .
A
F
B
Q
#1
trie-Tons
iaw*
I
I
i
FOB CQMPLETtKG^ETEM Xlf V5imvn fn tine number* J(-t aitif X-2 betawh A factlity?;t»s two »orsg» tanks one tank ca« hntw I
250 S**3™ the other can hoW AOO gettons. The fscKity also has an indneretor that can bum up » 2Qga^%rh^r ^fd ¦
A_.PR.Ox-
mast
CODE
twn
r
X-l
X?
1
2
3
4
2 T
0 3
a, PROCESS DEStGEN CAPACITY
I. AMOUNT
50?
20
2. UNIT
QFMEAJ
SURE
ieoter
code}
FOE
OFFICIAL
USE
ONLY
8
10
A. PRO.
CESS
CODE
isr
¦abooK)
B« PROCESS DESIGN CAPACITY
1. AMOUNT
2. UNIT :
OF MEA-
SURE
(eater
codey
FOR
OFF!
USE
ONLY
OA(?C ^e a
-------
X», FROC£SS£S tcontfftusdt
C* SPACE FOR ACOITKIN At. PROCESS- CfQQtS 0» P0R OeSCRiSiNQ OTHER P»QC«SS«S feod» "7W*J, FQR SACW J>R0ce$$ &N-TER6B HER«
fNCUUDE OESlGtf CAPACITY; ' -
IH. OESCRIPTfON QF HAZARDOUS WASTES
b;
HAZARDOUS WASTE NUMBER — Enter the four-digit number from 7EL261 {W for each listed hazardous waste you wilt handle, ff yoo handle
hazardous v\fistes which am not listed if* ?SJSllh>r enter tftefowr-iS^tt number^ froitt 7Si2&$ (gt that describee the- characteristics arntfor
•tite EJP toxic contaminant* of those jnutedau* wastes*
ESTIMATED ANSKJAL- QUANTITY — For web listed vwsts. entered in- column A esuimme the quantity of tftst waste thjrt wil handled on
art annus! i»sis. For each characteristic or EP"' tOwc eontenwnatrt emoted in cotaitm A estimate- the total annual quantity of 38 the non4tsteSt at measure for- quantity; the units of measure must tie- converted Into one of the- required units of
measure taking into- account the appropriate dansity or specific gravity of the waste*
processes
1. PROCESS COOES;
Bar listed: hazardous waste: For each listed hazardous waste entered in column A select the ootisfst from the list of process codesoorrtained
in Section Xli to? wkEeate how- the waste- wiit be stored, treated, and/or- disposed of at the facility.
I5* noixttsted hazardous wastes; For each characteristic or EP toxic contaminant antaree in column Ar select the co the space provided on page 5, the line number and the additions*
codefry.
2.
PROCESS DESCRIPTION:
form.
If a coda ts not listed for A process that rait be usedr describe the process i« the ^pacs provided on tha
NOTE: HAZARDOUS WASTES DESCRJBED BY MORE THAN ONE HAZARDOUS WASTE NUMBER - f-fezerdous wastes that can be described
b* more theft one Hazardous Waste Number shall be descr&ed on the form a* follows?
J- Select one of the Hazardous Waste Numbers end enter it in column A* Qn the same tine complete columns Br C. end 0 by estimating
the total annual quantity of the waste end describing at) the processes to be used to treat, store, end/or dispose of the waste.
2. tn ccrtumn A of the next line enter thB other Hazardous Waste Number that can be used to- describe the waste. In column £H2J on
that line enter Included writ above" and make no other entries on that line*
3, Repeat step 2 for eaett other Hazardous Waste Number that can be used to describe the hazardous waste.
I EXAMPLE] FOR COMPLETING SECTION Xtll {Sftown tn flue numbers X-t, X-2, Xr3, ^aod X-4 bekmr} — A facility will treat and dispose of
an- estimated 900 pounds per year of leaded tank bottoms from the petroleum refining industry, Ift addition, tha facility wilt treat and dispose
of three nwiisted wastes. Tv*o wastes we corrosive only and there Wiil be en estimated 2C© pounds per year of each weste. The other waste
Is corrosive and Suitable and there will be an estimated tOO pound; psr year 0# that waste. Treatment wili be in en incinerator end dtspossl
will be in 3 landfill.
a «.
mm+Ammm
¥TAZA»TV
B. estimated annual
QUANT3TYOF WASTE
C UNIT
D.
PROCESSES
It
y.l^yy.:
w,
let
tST
iter
EJfO.
codei::.;
SOKE
tenter
node-}
II
iiii
PROCESS CODES
(enter)
Z. PROCESS DESCRIPTION
(if a oode it. not entered in D(l)l
B
£
0
5
Wi
300
m
r
m
M
D
WI
II
Si
I
Q
0
11
400
ll
r
0
II
i
Wi:
m
\mm
ill
W:
M
Hi
ill
100
H
•
11
0
11
%
ll
m
|ll
D
0
0
2
"mctuded with above*'
-------
NOTE: Photocopy this page baton completing if you have more than 26 wastes to list.
xtrt.
DESCRIPTION OF HAZARDOUS WASTES (contmuedi
r*-.
»
A.
Hazard.
S, ESTIMATED ANJTOAL.
QUANTITY OF WASTE
C.VMT
OP MEA-
D. PROCESSES 1K~1
M
Waste
SURE
tenter code)
(enter
code)
t.
. PROCESS CODES
(enter) .
2. ?EQCTSS DESCEIPTION . ¦
Hf-a -corf»i» net «n<«rerf fit Cft ^
1
2
|
! 3
|
4
,
5
a
6
j
7
1
8
J
g
10
|
11
j
12
#1
13
J
14
i
15
1
16
j
17
1
18
1
*
1.9
*
20
1
21
1
22
1
23
1
24
25
™j
26
PAGE 4 OF 6
(enter "A", "8", "IS", etc. behind the "4" to identify photocopied pages)
-------
X»l. PESCftfPTiON OP HAZARDOUS WASTES {continued!
& USB THIS SPACE TO UST AOOtTIONAU PROCESS CODES-fttOM *T«&» Oft* Ofc*A££ 4.
i
XJV. f ACIUTY DRAWING
Alt aitiatlfKI facilities must fnctuda in ttte apac» provkted on paga 3 a scat»re*aj* "X" frytfw^ox totha taftanasfcip toSectftui XVttt betowv
I
i
r. name of facility's legal owneh
^JJB©NEfNOi^arwc^a^^J2^:
3. STREET OR P.O. BOX
4. CITY OB. TOWN
S> ST.
6* ZJ?COBE
.XVW, OWNER CERTIFICATION
| i certify underpenalty oflaw that 1 havepersonaffy examined and am famitiar with the information submitted in this and sit attached
Jiocuments, and that based an my inquiry of those individuate immediately responsible for obtaining the information, / betieve that the
[submitted information is true> accurate, and complete, f am aware that there are significant penalties for submitting faise information,
lincitjding the possibility of fine end imprisonment.
I
—
&,51QSAT1IB£
&DASE. SIGNED
|XIX, OPERATOR CERTIFICATION .7%.
'fjmttfy under penalty of law that t have personally examined and am famitiar with the information submitted in this and aii attached
t jMf0**' and that based on my inquiry of those individuals immedtatety responsible for obtaining the information, t believe that the
js^Wfrtflsrf information is true, accurate, and complete, t am aware that there are significant penalties for submitting falm information,
ynctuding the possibility of fine and imprisonment
l A. NASIE (print or typ*)
1
mismmzxnm
'C* OATS: SIGNED
-------
-------
ER-SWM-67:8/82
Commonwealth of Pennsylvania
Department of Environmental Resources
Bureau of Solid Waste Management
APPLICANT GUIDELINES
FOR NODULE NO. 9
GENERAL ENVIRONMENTAL, SOCIAL, AND ECONOMIC
INFORMATION
The following information is to supplement that
provided on Module No. 9. Included is a fuller discussion
of the Environmental Assessment Process, definition of
some terms which may need further clarification in the
Module, and references to information sources for the
applicant to use in completing the Module.
The Environmental Assessment Process is a systematic
review of broad environmental impacts which the Department
gives to permit applications for major solid waste and
hazardous waste facilities. The Environmental Assessment
Process (EAP) is intended to insure that the natural,
scenic, historic, and aesthetic values of the environment
are protected in accordance with Article I, Section 27, of
the Pennsylvania Constitution, known as the Environmental
Rights Amendment, which states:
"The people have a right to clear air, pure
water, and to the preservation of the natural,
scenic, historic and aesthetic values of the
environment. Pennsylvania's public natural
resources are the common property of all the
people, including generations yet to come.
As trustee of these resources, the
Commonwealth shall conserve and maintain than
for the benefit of all people."
The Pennsylvania courts have set forth three tests
to determine whether an agency's actions are in compliance
with Article I, Section 27:*
(1) Was there compliance with all applicable
statutes and regulations relevant to the
protection of the Commonwealth's public natural
resources?
(2) Does the record demonstrate a reasonable
effort to reduce the environmental incursion to
a minimum?
(3) Does the environmental harm which will
result from the challenged decision or action
so clearly outweigh the benefits to be derived
there from that to proceed further would be an
abuse of discretion?
The Environmental Assessment Process will meet these
tests as follows. First, the Department will continue
to assure compliance with all applicable statutes and
regulations relevant to the protection of the environment,
through its permit coordination efforts.
Second, simultaneously with the technical permit
review, the Department will review proposed projects to
determine whether there may be an impact on significant
environmental values. The applicant must submit Module No.
9 at the time he submits the other Phase I permit applica-
tion components, to provide the Department with basic
information about the potential impact of the project on -
specific environmental values. A positive response to a
particular question will not necessarily indicate
significant environmental harm nor result in the denial of
a permit. The actual determination of whether the
*From Payne V. Kassab, 11 Pa. Cmwlth. 14, 29-30, 312 A.2d
86, 94 (1973), aff'd 468 Pa. 226, 361 A.2d 263 (1976).
potential for significant environmental harm exists will
be made by the Department after consultation with the
applicant and other concerned governmental agencies. If
the Department determines that there may be a significant
impact on natural, scenic, historic or aesthetic values
of the environment, the Department will consult with the
applicant to examine ways to reduce the environmental harm
to a minimum.
If, after consideration of mitigation measures, the
Department finds that significant environmental harm will
occur, the Department, as a third step, will evaluate the
public social and economic benefits of the project to
determine whether the harm outweighs the benefits. If
there is no significant environmental harm or if there is
sufficient justification for the project, the project will
be approved, assuming all technical requirements are met.
If the public benefits do not justify a facility which will
create significant environmental harm, the Department will
deny the permit.
The Environmental Assessment Process is designed to
identify potential significant environmental harm at an
early stage in a project's development. This will allow
both the applicant and the Department to deal with
potential problems in a project's early stages during
site selection and project design, so costly changes and
delays can be avoided or reduced.
Permits issued by the Bureau of Solid Waste Management
for the following projects are subject to the Environmental
Assessment Process:
1) Municipal Waste Landfills including:
a) new landfills;
b) an expansion, enlargement or alteration of
the facility beyond the original design
capacity or beyond the area specified in
the permit obtained from the Department;
c) existing landfills where the permit is to
be revised, modified or re-issued to
reflect the application of technology which
is significantly different than that
previously permitted by the Department.
2) Mjnicipal waste (Class V) incinerators.
3) Residual waste landfills and expansions thereof.
4) Non-captive hazardous waste treatment and
disposal facilities.
5) Captive hazardous waste treatment and disposal
facilities which are not located at the facility
where the waste is generated.
6) Other individual permit applications at the
discretion of the Bureau of Solid Waste Manage-
ment when a particular project appears to have
a significant effect on environmental values.
NOTE: Coni-tuicCion and dzmoLLtion uxute. Ituid&WlA,
agsucuCtwuit atctczcUXon 4e«age iludgz,
cornneAciaZ unu-te incineAaion and hoipiXaJL
¦LncAJieA&toM aAt not ¦Lnaludtd.
-------
All permit applicants whose project is subject to
the Environmental Assessment Process, must complete Part A
of the Module No. 9, General Environmental, Social and
Economic Information Module. If the applicant determines
that there raav be significant environmental harm, he
should complete Part B of the Module. If the applicant
does not identity significant environmental harm, he is
not required tc subnit answers to Fart B of the module,
but he may b? to do so by the Department at a
later date, 11 r:r-rt:nenc determines that there will
signific.;:;-: .-ri'.'ir-r-i'njai harm.
.'>ppiican".j raj sr. subir.it Module No. 9 with their
Phase I submission and with the same number of duplicates
•" ;:";r solid •.¦;aste permit submissions.
Phi individual completing Module No. 9 should be
• -sr.tified by name, organization and official position.
'An EAP Guidance and Information Manual has been
prepared bv che Department to assist both applicants and
staff :-.nke the assessment required in the Environmental
Aassssment Process. Each DER regional environmental
protection office contains an EAP Guidance and Information
Manual. Most of the information necessary to answer the
questions in the module are contained in the EAP Guidance
and Information Manual. We strongly suggest that applicants
•:cr.tact the DER regional office nearest them, to make use
or che S\? Guidance and Information Manual in completing
"r.iule No. 9.
The points below are keyed by number to the specific
questions in Module No. 9. This information is intended
to provide further.definition or clarification of some
key terms. Except where otherwise indicated below, the
' applicant should consult the EAP Guidance and Information
Manual at a DER regional environmental protection office.
Part A.
15 2: Question #1 is concerned with the corridors of
' streams that have been designated by the U.S.
Congress or the Coranonwealth of Pennsylvania to
be included in the National Wild and Scenic
Rivers System or the Pennsylvania Scenic Rivers
System. There are Management Guidelines
established for each of these designated corridors.
Question #2 deals with those streams and rivers
that have been designated for study by the
U.S. Congress, or the Heritage Conservation and
Recreation Service or by the Department of
Environmental Resources as a 1-A priority for
study for inclusion into one of these systems.
Study streams and 1-A priority streams possess
outstanding characteristics which indicate
potential for inclusion into the Scenic Rivers
System. These streams deserve special considera-
tion to protect their outstanding characteristics.
3: Question #3 refers to a "unit of the National Park
System." This terminology includes all of the
resource areas managed by the National Park
Service of the U.S. Department of the Interior.
These "units" include the following:
- National Parks
- National Recreation Areas
- National Battlefield Sites
- National Cemeteries
- National Historic Parks
-National Monuments and Historic Shrines
- National Historic Sites (does not
include all sites .in the National
Register of Historic Places]
- National Military Parks
- Appalachian Trail (covered in Question »4j
2 thru 7: Visual and Traffic Analyses are required if the
proposed project is located within one mile of
the specified resource. See Appendix I and II.
5: In Question #5 the term "natural area or wild
area designated by the Pennsylvania Environmen
Quality Board" (EQB) refers to areas within state
forests identified and studied by the Bureau of
Forestry. These areas, after detailed analysis,
have been determined to be of significant scenic,
historic, geologic or ecological value. They are
subject to specific management guidelines
approved by the Environmental Quality Board.
6: A "potential impact area" has been identified
by the U.S. Fish and Wildlife Service for two of
its facilities in Pennsylvania. The facilities
are the Lamar National Fish Hatcher;/ in Clinton
County with a potential impact area including a
portion of Centre County and the Erie National
Wildlife Refuge in Crawford County. These
"potential impact areas" are shown in the EAT
Guidance and Information Manual in the DER
regional office covering the area. If a project
might impact a facility of the Fish and Wildlife
Service, the applicant should contact:
Mr. Norman Chupp, Area Manager
U.S. Department of the Interior
U.S. Fish and Wildlife Service
100 Chestnut Street
Room 310
Harrisburg, Pennsylvania 17101
7: It should be noted that historic properties owned
by the Pennsylvania Historical and Museum
Commission referred to in Question #7 and the
types of historic sites referred to in Question #8
are somewhat different. The properties owned by
the Historical and Museum Commission are main-
tained for the public benefit and enjoyment by
the Commission. Sites referred to in Question
are generally privately owned, or owned by
county or municipal historical societies or
other public or semi-public organizations other
than the Pennsylvania Historical and Museum
Commission.
8: Because the list of sites on the National Register
of Historic Places, the Pennsylvania Inventory of
Historic Places and the Pennsylvania Archeological
Site Survey are frequently added to, the applicant
is encouraged to contact the Pennsylvania
Historical and Museum Commission before submitting
an application to the Department to determine
whether or not a proposed project is located near
one of these sites.
This service is available from:
Planning and Protection Division
Office of Historic Preservation
PA Historical and Museum Commission
523 William Penn Memorial Museum
Harrisburg, Pennsylvania 17120
-------
9: Question #9 deals in part with the Allegheny 12:
National Forest. Specifically, the applicant
is asked to indicate whether or not a proposed
project will be located within h mile of the
proclamation boundary of the Allegheny National
Forest. The "proclamation boundary" delineates
the area in which the U.S. Forest Service is
authorized by the U.S. Congress and the Comnon-
wealth to purchase land for inclusion in the
National Forest System. This area includes
lands already owned by the federal government 13:
and managed by the U.S. Forest Service. It also
includes private lands.
A map showing the proclamation boundary of the
Allegheny National Forest is contained in the
EAP Guidance and Information Manual.
10: Rare and endangered species are protected in
Pennsylvania by three agencies. Since maps of
the range and habitats of these species are
usually not available, the applicant is
encouraged to contact each agency before sub-
mitting an application to the Department.
If the project might impact the Indiana bat
(range and habitat information available in the
EAP Guidance and Information Manual), the
applicant should contact:
Mr. Norman Chupp, Area Manager
U.S. Department of the Interior
U.S. Fish and Wildlife Service
100 Chestnut Street
Room 310
Harrisburg, Pennsylvania 17101
The Pennsylvania Fish Commission will review
applications for impact on endangered species
of fish, reptiles, and anphibians. The applicant
should send a brief description of the project 14:
and a 7Jj minute quadrangle map showing the
location of the project to:
Rare and Endangered Species Coordinator
Pennsylvania Fish Commission
Robinson Lane
Bellefant, Pennsylvania 16823
The Pennsylvania Game Commission will review
applications for their impact on rare and
endangered species of birds and maimials.
The applicant should send a brief description of
the project and a 7'-j minute quadrangle map showing
project location to:
Pennsylvania Game Commission
8000 Derry Street (Rutherford)
P.O. Box 1S67
Harrisburg, Pennsylvania 17120
IS:
11: Soils are identified by type and capability in
the U.S. Soil Conservation Service Soil. Surveys
for each county. Soil capability classes I and IJ
comprise the types of soils which are the highest
yielding soils when used as cropland.
Many counties have published soil surveys avail-
able to the public; most counties have interim
studies which can be used in the county office
of the U.S. Soil Conservation Service. The
applicant is encouraged to consult with the
U.S. Soil Conservation Service office serving
the county in which the project will be located.
Wetlands are areas that are inundated or saturates
by surface or groundwater at a frequency and
duration sufficient to support, and that under
normal circumstances do support, a prevalance of
vegetation typically adapted for life in saturated
soil conditions, including swamps, marshes, bogs,
and similar areas.
Special Protection Watersheds are designated in
Chapter 93 of the Rules and Regulations of the
Pennsylvania Department of Environmental
Resources. They include High Quality (HQ) Waters
and Exceptional Value (EV) Waters. These are
defined as follows:
HQ Waters:
A stream or watershed which has excellent
quality waters and environmental or other
features that require special water quality
protection.
EV Waters:
A stream or watershed which constitutes an
outstanding national, state, regional or
local resource, such as waters of national,
state or county parks or forests, or waters
which are used as a source of unfiltered
potable water supply, or waters of wildlife'
refuges or state game lands, or waters which
have been characterized by the Fish
Commission as "Wilderness Trout Streams,"
and other waters of substantial recreational
or ecological significance.
The applicant should contact local water supply
companies and/or the Bureau of Resources
Programming to determine if the project will
impact on a public water supply facility. The
Bureau can be contacted at the following address:
Bureau of Resources Programming
Office of Resources Management
Department of Environmental Resources
Evangelical Press Building
Harrisburg, Pennsylvania
(717) 787-6750
The applicant is encouraged to contact the
municipality in which the project will be located,
to consult the flood insurance rate maps prepared
by the Federal Emergency Management Administration.
These maps are only available from the munici-
pality. If the flood insurance study has not
been completed, municipalities may have an "early
release" of map information.
If a federal flood insurance study is not underway
for the municipality, the applicant may contact
the county office of the U.S. Soil Conservation
Service for information about the location
of alluvial (flood prone) soil areas, or the
municipality for information about other flood-
plain information studies.
-------
16: Applicants must submit documentation to assure
that the maximum rate of stormwater runoff will
be no greater after development than prior to
development activities; or a proposal to manage
the quantity, velocity, and direction of resulting
storm water runoff in a manner which adequately
protects health and property from possible
injurv.
Applicants should discuss the method for calcula-
ting peak runoff rates including basic assumptions
and parameters. Calculation methods may include
the rational method or the soil cover conplex
method. Peak rates of runoff for 2, 10, and
100 year storm events shall be calculated for the
pre-operation condition, conditions during
operation, and post-operation conditions. Runoff
calculations are to be based on average antecedent
moisture conditions and pre-operation soil cover
conditions will be the site as it exists at the
time of development.
If the calculations indicate a significant
increase in the peak rates of surface runoff for
any of the calculated conditions or a concentra-
tion of drainage into another property, the
applicant must demonstrate -
A. measures to be taken to reduce the
peak rates of runoff to pre-operation
conditions;
B. measures to be taken to manage the
quantity, velocity and direction of
resulting storm water runoff in a
manner which adequately protects health
and property from possible injury.
C. information to show that there will be
no adverse affects on a Special
Protection Watershed, public water supply
or downstream flooding.
18: • See Guideline for Traffic Analysis, Appendix II.
Part 3: Responses to these questions will be based on
the applicants knowledge of the project area.
Further guidance is available in the HAP
Guidance and Information Manual.
-------
Appendix I
GUIDELINES FOR VISUAL ANALYSIS
Questions 2 through 7 direct that a visual analysis be
done according to specific guidelines. The purpose of the
visual analysis for these questions is to ensure that
potential visual impacts on areas of high intensity recrea- '
tional use or special natural or wilderness values are
considered.. These areas are referred to below as
"environmental resource areas."
Part A below describes a procedure for analyzing the
extent to which the project site can be seen from various
identified environmental resource areas.
Part B is a questionnaire which must be completed
using the visual analysis. This questionnaire will provide
a summary of the visual characteristics of the site, and
the potential visual impact o£ the proposed project on the
identified environmental resource areas.
3) Also plot on the topographic maps the boundaries of any
of the identified environmental resources areas that
are further than one mile from the proposed project
but from which there is a clear, unobstructed view
of any part of the project site.
4) Draw lines on the map from the project site to each of
the environmental resource areas identified on the
map. Select the endpoints of each line as follows:
a) For the environmental resource area, select
the most prominent topographic feature and/or
the location of highest intensity recreation-
al use from which the project site can be
seen.
Examples of prominent topographic
features include:
PART A - Visual Analysis Procedure
1) Identify the boundaries of the project site on a
U.S.G.S. 7.S minute topographic quadrangle map.
2) On the same map plot the boundaries of any of the
following areas which are within one mile of the
project site.
a) A stream or river listed as a 1-A priority
for study by the Pennsylvania Department
of Environmental Resources as a state wild,
scenic, recreational, or modified
recreational river.
b) A stream or river mandated by the U.S.
Congress for study or determined by the
U.S. Heritage Conservation and Recreation
Service to meet the criteria for study
for potential inclusion into the National
Wild and Scenic Rivers System.
' c) A unit of the National Parks System.
d) A state park.
e) A county park.
f) A municipal park.
g) A recreation facility operated by the
U.S. Army Corps of Engineers.
h) A state forest picnic area.
i) The Allegheny River Reservoir in the
Allegheny National Forest.
j)- The footpath of the Appalachian Trail.
k) A national natural landmark designated
by the U.S. National Park Service.
1) A natural area or wild area designated
by the Pennsylvania Environmental Quality
Board.
m) A national wildlife refuge, national fish
hatchery, or national environmental center
operated by the U.S. Fish and Wildlife
Service.
n) An historic property owned by the Pennsylvania
Historic and Museum Comnission.
ridge
cliff
escarpment
crag
rock
mountain
hill
knoll
I
Examples of high intensity recreational
use include:
trail
vista point
picnic area
campground
stream
lake
b) For the project site, select the point most
visible from the environmental resource area,
or the center of the site if the entire site
is visible.
Number each line drawn on the map.
referred to below as "lines-of-sight."
These lines are
S)
6)
For each line-of-sight drawn on the map, construct a
topographic profile as follows.
a) Hie environmental resource area should be at
the left end of the profile and the project
site on the right end of the profile.
b) Plot the topographic profile of each
"line-of-sight" showing all changes in
slope, and prominent topographic, vegetative
and, cultural features. Use a vertical
scale of 1" = 100' and a horizontal scale
of 1" = 1000'.
c) Show the locations of both the environmental
resource area boundaries and the project
site boundaries on the profile.
d) Indicate the approximate location and height
of vegetative cover along the "line-of-sight",
i.e. the profile.
For- each line-of-sight for which there is a clear
and unobstructed view or a partially obstructed view
of the project site from the environmental resource
area, photograph the project site from the environ-
mental resource area as follows:
a)
b)
c)
The photograph should be black and white,
8 x 10", and taken in daylight in any season.
The photograph should be taken with the
photographer standing approximately on the
mapped endpoint of the line-of-sight at the
environmental resource area, and with the
mapped endpoint at the project site
approximately in the center of the photograph.
Draw the approximate boundary of the project
site on the photograph.
7)
Complete the Visual Analysis Results Form in PART B
below.
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PART B. VISUAL ANALYSIS RESULTS FORM
(Attach with map, topographic profiles, and photographs to Module 9)
1. The topography of the general area of the project site is (check one):
a) Flat
b) ¦ Rolling gentle hills
c) Ridge and valley
d) Steep mountains
2. The project site is located (check one) on a:
a) Flat area
b) Valley bottom
c) Hill side
d) Hill top
3. The view of the project site from each of the identified resource areas
is (check one for each mapped area numbered line of sight; it may be necessary
to draw topographic profiles to make this determination):
»1 »2 »3 »4
a) Clear and unobstructed
b) Partially obstructed by
trees or other features
c) Completely obstructed
4. The view of the project site and surrounding areas from the identified
resource areas can be best described as (check as many as apply for each
mapped and numbered line of sight):
a) Very scenic
b) Primarily natural
c) Primarily urban or
developed
d) Primarily-agricultural
e) Disturbed by excessive
or unattractive
natural occurrences
or hunan activities.
(Specify)
#1 #2 »3 14
Unique or special scenic qualities which exist on the project site and
surrounding areas include:
6. Visual intiustions which already exist in the project site and surrounding
areas include:
7. The project will cause the following changes in the landscape character of
the area.
S. The project will require the following changes in the existing topography
and vegetation of the site during construction and operation, and after
completion.
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Appendix II
OJIDELINES FOR TRAFFIC ANALYSIS
.An analysis of traffic impacts is required as a part
of Questions 2 through 7, and also in Question 18.
The purpose of the traffic analysis for Questions 2
through 7 is to ensure that potential impacts frail motor
vehicle traffic on areas of high intensity recreational
use or special natural or wilderness value are considered.
The purpose of the traffic analysis for Question 18
is to determine whether there may be excessive conflicts
with existing vehicular traffic, or potential traffic
safety problems.
The approach route to the project site should be
indicated on the V-% minute topographic map. Information
on design capacities, roadway width and condition,
average daily traffic counts for state routes are available
in the regional engineering offices of the Pennsylvania
Department of Transportation. For non-state highways,
much of this information is available from the county
or local government responsible for the roadway. Expected
increases in traffic as a result of the facility should
be estimated based upon the kind of facility, its capacities,
and the kind of vehicles expected to use the facility.
For Question 18, the identification of the numbers of
residences and schools, hospitals and nursing homes along
the approach route should be done through a windshield
survey of the approach route. Where a new driveway
opening is required upon a-state route, applicants are
encouraged to contact the Pennsylvania Department of
Transportation to discuss the necessary driveway access
permit prior to submitting their application to the
Department.
MOTE: Approach -tooteU) a)le public, loadi plovjjLLng accza
to the pAojziU &ite, upon which the expected
¦inciexued tAa.^.ic utill be concentrated, extending
^om the project 4-ite up to and inclucUng an
-Lnteuection uihe/ie the expected inciea&ed Viatic
mill cLL&peue onto ieveAal loadi oi move onto a
majo>i anXenJjxJL highway.
-------
ER-SWM-58:6/85 PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF SOLID WASTE MANAGEMENT
COMPLIANCE HISTORY - MODULE NO. 10
COMPLETION OF THIS MODULE IS REQUIRED AS A PART OF THE APPLICATION FOR ANY TYPE OF SOLID
WASTE MANAGEMENT PERMIT OR LICENSE
Purpose and Applicability:
1 . The purpose of this application module is to assess the applicant's history of compliance
with laws, regulations and standards relating to environmental protection in conformance
with Sections 503(c) and (d) of the Pennsylvania Solid Waste Management Act. Failure
to provide valid information required may result in the denial, suspension or revocation
of your permit or license as well as the imposition of civil and criminal sanctions.
2. Completion of this module is required in Order for the Department to process and review
the application and/or permit or license pursuant to the Solid Waste Management Act.
3. This module may also be required as part of a facility's annual report, or when a permit
or license is to be amended, revised, renewed, or otherwise modified, or when the Depart-
ment determines such information is necessary to properly monitor a permit or license.
Instructions:
1. Question A.2 - For residual and municipal waste management facilities, enter either
the permit number or the permit application number. For hazardous waste management
facilities, enter the U.S. EPA ID Number.
2. Question A.3 - For corporations, enter the corporate name exactly as it appears on the
corporate seal or in the Articles of Incorporation.
3. Unless otherwise noted herein, this module applies to compliance history in regard to
the following statutes and regulations promulgated thereunder:
a. Pennsylvania Solid Waste Management Act of July 31,1968, (P.L 788, No. 241).
b. Pennsylvania Solid Waste Management Act of July 7, 1980. (P.L. 380, No.97).
c. Clean Streams Law of June 22, 1937, (P.L. 1987, No. 394).
d. The Air Pollution Control Act of January 8, 1960 (1959 P.L. 2119, No. 787).
e. The Surface Mining Conservation and Reclamation Act of May 31, 1945 (P.L.
1198, No. 418).
f. Dam Safety and Encroachments Act of November 26, 1978 (P.L 1375, No. 325).
g. Other State and Federal statutes relating to environmental protection, air or
water quality, solid waste management or surface mining.
4. If the Applicant is a corporation, this module shall be signed by two corporate officers
(a president or vice-president and a secretary or treasurer) authorized to execute this
module, or by one corporate officer and one corporate employee in Pennsylvania with
sufficient authority over the solid waste management activity being licensed or permit-
ted to be authorized to execute this module. A corporate seal shall be affixed; however,
if no seal is required by the state of incorporation, the applicant should
so state and no seal will be required.
1
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COMPLIANCE HISTORY - MODULE NO. 10
Answer each of the following questions. If a question does not apply, enter N/A. Attach additional
sheets as necessary.
A. Applicant Background:
1 . Date prepared —
2. Identification number —
3. State the legal name and address of the applicant.
4. Identify all of the applicant's places of business and terminals where municipal or residual
waste processing or disposal or hazardous waste generation (with the exception of small
quantity generators), transportation, storage, treatment or disposal facilities or activities
are conducted in Pennsylvania.
5. Identify the form of management under which the applicant conducts its business in
Pennsylvania (check appropriate box):
CI Individual CI Partnership
[I Municipality (Z Limited Partnership
C Proprietorship CI Government Agency
0 Corporation Q Other (identify the nature of the business relationship)
6 . Complete the following where applicable:
a. If the applicant is a corporation (as indicated in Question A. 5 above), list the names
and addresses of all principals of the corporation. This shall include the following:
corporate officers, members of the board of directors, and principal stockholders
who own, hold, or control stock of five percent (5%) or more of a publicly held
corporation or ten percent (10%) or more of a privately held corporation. List the
social security number* of all individuals identified, and the IRS tax identification
number and/or employer identification number of corporations and other business
entities.
*Suoplv'ng individual social security numbers is optional; failure to provide, all applicable numbers, however, will make processing of the
application more difficult. n
-------
b. List and designate the relationship of all United States parent corporations of the
applicant, including ultimate parent corporations, and all United States subsidiary
corporations of the applicant and of the ultimate parent corporation (if any) and
their principal places of business. Include the IRS tax identification numbers of the
corporations listed.
c. If the applicant is a partnership (as indicated in Question A.5 above), list the names,
social security numbers* and addresses of all partners, both general and limited.
d. List the name, social security number*, or IRS tax identification number and/or
employer ID number and affiliation of any other person or entity having or exercis-
ing control over any Pennsylvania DER-regulated aspect of the proposed facility
or activity, such as associates, contractors, subcontractors, agents, or landowners.
3
-------
7. List all Pennsylvania OER permits or licenses, issued pursuant to the statutes listed in
the Instructions,Item 3 '(a-e) above, that the applicant, including all persons and organiza-
tions identified in this Section A, currently has in effect or has had in effect in the past
ten years.(Include type of permit or license, number and location, date issued, expira-
tion date, if any.)
8. Identify any solid waste processing or disposal facility, area or activity in Pennsylvania
since 1970 or hazardous waste storage, treatment, transportation, or disposal facility,
area, or activity in Pennsylvania since 1980 which the applicant, or any person or enti-
ty identified anywhere in Section A, currently owns or operates, or previously owned
or operated, but which is not listed under any of the above responses to this Module.
This shall include any solid waste management activities which are no longer permit-
ted or which were never under permit. Include the locations(s) of all such facilities, areas,
or activities, the type of operation, and identify any state or federal permits pursuant
to which they operate or have operated.
B. Compliance Background:
1 . Identify any "Notice of Violation" sent to the applicant or those persons or entities
identified anywhere in response to Section A over the past five year period from Penn-
sylvania OGR. Include the date of the "Notice of Violation", the location of the alleged
violation, the nature of the alleged violation and the disposition. (Attach copies or make
available upon request.)
4
-------
2. Identify any administrative orders issued by Pennsylvania DER, civil penalties assessed
by Pennsylvania DER, bond forfeiture actions brought by Pennsylvania DER, and civil
penalties actions adjudicated by the Environmental Hearing Board since January 1, 1970,
against the applicant or those entities identified anywhere in Section A. Describe the
date, location of the violations, and nature of the violations. (Attach copies of orders,
assessments and adjudications or make available upon request.)
3. Identify any summary, misdemeanor, or felony convictions or pleas of guilty or nolo
contendere that have been obtained since 1970 in Pennsylvania against the applicant
or those persons or entities identified anywhere in Section A pursuant to those statutes
identified in the Instructions, item 3, or for any acts in Pennsylvania involving the storage,
treatment, transportation, processing, or disposal of solid wastes.
4. Identify any court proceedings in Pennsylvania since January 1, 1970 which relate to
those statutes listed in the Instructions, Item 3, that those persons or entities identified
anywhere in Section A have been a party to. State the disposition of those proceedings.
Do not include those proceedings listed in Section B.3 above.
5
-------
5. Identify any consent order, consent adjudication, consent decree or settlement agree-
ment in Pennsylvania entered into since January 1, 1970 by the applicant, or those
persons or entities identified anywhere in Section A, to which either a county health
department, the Pennsylvania DER, or the U.S. Environmental Protection Agency was
a party and which concerned any facility or activity in Pennsylvania regarding an en-
vironmental protection statute or ordinance.
6. For all facilities and activities identified in response to Question A.8 above, indicate
whether such facility or activity was the subject of an administrative order, consent
agreement, consent adjudication, consent order, settlement agreement, court order,
consent decree, civil penalties, bond forfeiture proceedings, consent decree, convic-
tion, or permit or license suspension or revocation pursuant to the statutes listed in
the Instructions, Item 3. If any of these facilities or activities were subject to any of
the actions identified herein, include the date of the action, the location of the viola-
tion, the nature of the violation, and disposition. (Attach copies or make available upon
request.)
7. Where the applicant is a corporation, list all principals who have also been principals
of other corporations which have committed past violations of Act 97.
6
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8. Compliance Outside of Pennsylvania
[Note: For corporate applicants which are publicly traded, are diversified and have done
business in Pennsylvania long enough to provide an in-state basis for evaluating com-
pliance history, Item 8 may be answered through the submission of SEC 10K reports
for the past five years, a current proxy statement, and any corporate statements or
directives which articulate the corporation's policy with regard to compliance with en-
vironmental laws in general or solid waste management laws in particular. Any appli-
cant who wishes to make such submission in response to Item 8 questions should ask
for further instructions from the Pennsylvania DER office to which the permit or license
application is being submitted.]
a. Identify any misdemeanor or felony convictions of, or pleas of guilty or nolo con-
tendere by, persons or entities listed anywhere in Section A for violations of any
state or federal statutes for activities outside of Pennsylvania relating to environmen-
tal protection within the past five years. Include convictions and pleas for any acts
involving the storage, treatment, transportation, processing or disposal of solid
waste. (Describe the date of the convictions and offenses, the location of the of-
fenses, and the nature of the offenses.)
b. Identify any final administrative orders issued to those persons or entities iden-
tified anywhere in Section A within the past five years pursuant to any state or
federal statutes for activities outside of Pennsylvania relating to environmental pro-
tection. (Describe the date of the order(s), the location of the violation(s), and the
nature of the violation(s).) (Attach copies or make available upon request.)
c. Identify any court order, court decree, consent decree, consent adjudication, con-
sent order, final civil penalty adjudication, final action on bond forfeiture, or set-
tlement agreement in the past five years between those persons or entities iden-
tified anywhere in Section A and any state or federal agencies responsible for en-
vironmental protection. (Describe the date of the order, decree, etc., the location
of the violation(s), and the nature of the vioiation(s).) (Attach copies or make
available upon request.)
7
-------
I (we) hereby, certify that l(we) have the authority to respond to the above questions on behalf
of the applicant, and that the information provided herein is true and correct to the best of
my(our)knowledge, information and belief.
(Signature)
Name:
Title:
Social Security No.:
Sworn to and subscribed before me this
day of:
19
Notary Public.
(Signature)
Name:
Title:
Social Security No.:
Sworn to and subscribed before me this
day of
19
Notary Public
Affix Corporate Seal: :
(For Corporations, see the Instructions, Item 4, regarding corporate seal and signatures.
8
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COMMONWEALTH OF PENNSYLVANIA
Department of Environmental Resources
Guidelines for the Development and Implementation
of Preparedness, Prevention, and Contingency (PPC) Plans
Bureau of Solid Waste Management
Bureau of Water Quality Management
P. 0. Box 2063
Harrisburg, PA 17120
March 1981
January 1983 (revised)
Publication No. 1
-------
TABLE OF CONTENTS
Page
Introduction i
I. Procedures for Development and Review of PPC Plans iv
A. Who Must Oevelop PPC Plans? iv
B. How Do Existing Emergency Response Plans Fit in With PPC Planning? iv
C. Development and Submission of PPC Plans For Review and Approval iv
D. Distribution of the PPC Plan v
E. Implementation of the PPC Plan v
F. Revisions to the PPC Plan v
II. PPC Plan Content and Format 1
A. General description of the industrial or commercial activity 3
B. Description of existing emergency response plans 3
C. Organizational structure for implementation of the PPC Plan 4
D. Material and waste inventory 4
E. Spill and leak prevention and response 5
F. Material compatibility . 5
G. Inspection and monitoring program 6
H. Preventive maintenance . • • • • 6
I. Housekeeping program 6
J. Security 7
K. External factors • 7
L. Internal and external communications or alarm systems 7
M. Employee training program 7
N. List of emergency coordinators 8
0. Duties and responsibilities of the emergency coordinator 8
P. Chain of command 8
Q. List of agencies to be notified 8
R. Emergency equipment 8
S. Evacuation plan for installation personnel 8
T. Arrangements with emergency response contractors 9
U. Agreements with local emergency response agencies and hospitals 9
V. Pollution incident history 9
W. Implementation schedule 9
TABLE 1 - State and Federal Pollution Incident Prevention and Emergency Response Programs ii
TABLE 2 - Comparison of State and Federal Pollution Incident Prevention and Emergency Response
Programs iii
TABLE 3 - Elements and Format of a PPC Plan 2
APPENDIX I - Pollution Incident Prevention Practices 10
APPENDIX II - Examples of an Emergency Coordinator's Duties and Responsibilities 14
^VPPENDIX III - Examples of Emergency Equipment 16
-------
INTRODUCTION
A wide variety of industrial activities, both manufacturing and commercial, exist in Pennsylvania. Many of these
activities have the potential for causing environmental degradation or endangerment of public health and safety
through accidentia! releases of toxic, hazardous, or other pollutional materials.
in recognition of this fact, several State and Federal regulatory programs have been developed to encourage
the use of preventive approaches to deal with unwarranted releases of toxic, hazardous, or other pollutional
materials to the the environment.
Table 1 lists these programs and defines the statutory and regulatory basis for each. A more detailed summary
of aach program is shown in Table 2 which illustrates the similarities among them. A review of the regulations
and guidelines pertaining to each program more clearly illustrates these similarities. The main differences bet-
ween the programs are the types of industrial activities and the nature of the polluting materials addressed.
Fha Department's objective is to consolidate the similarities of the State and Federal pollution incident preven-
tion and emergency response programs into one overall program. Industrial and commercial installations which
have the potential for causing accidental pollution of air, land or water, or the endangerment of public health
and safety are required to develop and implement Preparedness, Prevention, and Contingency {PPC) Plans which
encompass the PIP, SPCC, BMP, and PPC/Contingency Planning proynm requirements.
i
-------
TABLE I - STATE AND FEDERAL POLLUTION INCIDENT
PREVENTION AND EMERGENCY RESPONSE PROGRAMS
Program
Pollution Incident
Prevention (PIP)
Soil' Prevention Control
and Countermeasure
ISPCC)1
I For "hazardous
substances" as defined
under Section 311 of the
Clean Water Act)
Best Management
Practices (BMP)
Prepardness, Prevention,
and Contingency (PPC),
or Contingency Planning
Implemented by
Pa. DER as part of its
Water Quality Management
Program
Pa. DER and U.S.EPA
as part of the
NPDES program
Pa. OER and U.S.EPA
as pan of the
NPOES program
Pa. OER and U.S.EPA
as part of the
RCRA program
State and Federal
Laws Which Apply
Pa. Clean Streams Law
Pa. Clean Streams Law
Fed') Clean Water Act
Pa. Clean Streams Law
Fed'l Clean Water Act
Pa. Solid Waste
Management Act
Fed'l Resources
Conservation and
Recovery Act
Stats and Federal
Implementing Regulations
25 Pa. Code. Ch. 101
25 Pa. Code. Ch. 101
40 CFR 151
25 Pa. Code. Ch. 101
40 CFR 125. Subpart K
25 Pa. Code Ch. 75
40 CFR 264, Subparts C
and D. and 40 CFR 265.
Subparts C and D
Effective Da
of Regulatioi
1971
1971 I
proposed 9/1
I
1971
5/19/80
11/19/80
11/1
11) EPA has also promulgated SPCC regulations (40 CFR 112. 12/11/73) which establish requirements for preventing spills of oil into navigable waters of the
U.S. by non-transportation related onshore and offshore facilities. These regulations are implemented and enforced by EPA only. As discussed in Section I
of this guidance document, an oil-related SPCC plan developed to comply with EPA's regulations should be considered as one part of a facility's overall PPC Plan.
ii
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TABLE 2 - COMPARISON OF STATE AND FEDERAL POLLUTION
INCIDENT PREVENTION AND EMERGENCY RESPONSE PROGRAMS
Aspect
Pollution Incident
Prevention (PIP)
Spill Prevention. Control,
and Countermeasure (SPCC)
Best Management
Practices (BMP)
;rpose
Prevention/control of ac-
cidental discharge of pol-
luting materials to surface or
groundwater
Prevention of accidental
discharges of hazardous
substances to surface wa-
ters
Prevention of accidental
discharge of toxic and
hazardous materials to sur-
face waters
". pes of Industrial
Activities Affected
Activities Covered?
¦#
it Polluting
rials are
ressed?
All industrial activities
having potential for
for accidental pollution
Transportation, storage,
processing or raw materials,
intermediates, products,
fuels, wastes
All polluting materials
Non-transportation related
activities subject to the
NPDES program, with
potential for discharge of
of hazardous substances
Production, storage, pro-
cessing, refining, handling,
transferring, distributing
hazardous wastes
"Hazardous Substances"
defined pursuant to
Sec. 311 of the Clean
Water Act
Industrial activities subject
to the NPDES program
where significant amounts
of toxic or hazardous
pollutants are involved
Use, manufacture, storage
handling of toxic and haz-
ardous materials
"Toxic" materials de-
fined pursuant to Sec.
307 and "Hazardous
Substances defined
pursuant to Sec. 311 of
the Clean Water Act
Hazards Addressed
Container leaks, reputures,
spills, floods, power
failures, mechanical failure,
human error, strikes, van-
dalism, etc.
Same as PIP
Same as PIP
Plan Includes
Amendments to Plan
Required for Significance
Facility or Operational
Changes?
Study of past incidents,
training, preventive
maintenance, house-
keeping, security,
backup equipment,
internal, external com-
municator, spill containment,
drainage controls, inspections
Yes
Same as PIP
Yes
Same as PIP
Yes
Emergency Incident
Report Required?
Yes
Yes
Yes
III
Preparedness,
Prevention, and
Contingency IPPC), oi
Contingency Planning
To minimize and abate
hazards to human health
and the environment
from fires, explosions, or
release of hazardous
wastes to air, soil, or
surface water
Activities which gen-
erate, store, treat, trans-
port. or dispose of
hazardous wastes
Generation, storage,
transport, treat-
ment, disposal, of
hazardous wastes
"Hazardous Wastes"
as defined under
fined under Ch. 75 of
DER's regulations
Same as PIP, plus fires
and explosions
Same as PIP plus ad-
ditional local notification,
emergency coordination,
and evacuation
requirements
Yes
Yes
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I. PROCEDURES FOR DEVELOPMENT AND REVIEW OF PPC PLANS
A. Who Must Develop PPC Plans?
In general, any manufacturing or commercial installation which has the potential for causing acciden-
tal pollution of air, land, or water, or for causing endangerment of public health and safety through
accidental release to toxic, hazardous, or other polluting materials must develop, maintain, and im-
plement a PPC Plan.
Manufacturing or commercial waste water dischargers, which are required to obtain NPDES permits,
must develop PPC plans in order to satisfy the requirements of Chapter 101 of the Department's
Rules and Regulations. In addition to NPDES discharges there are a variety of other non-NPDES
manufacturing or commercial installations which may be directed by the Department of develop PPC
plans on a case by case basis.
Manufacturing or commercial installations which generate hazardous waste, or which involve treat-
ment, storage, or disposal of hazardous waste must develop PPC plans in conformance with Chapter
75 of the Department's regulations. (Note: hazardous waste transporters must also develop PPC plans
under Chapter 75. A separate PPC guidance document has been developed for transporters.)
B. How Do Existing Emergency Response Plans Fit in With PPC Planning?
It should be noted that many manufacturing or commercial installations may have already developed
a Pollution Incident Prevention (PIP) plan which should encompass most of the PPC considerations.
In such cases the PIP plan may only need a slight amount of updating.
It should further be noted that oil-related Spill Prevention, Control, and Counter-measure (SPCC) plans,
which are or have been developed pursuant to EPA's oil-related SPCC regulations, should also be
considered as part of aninstallation'soverall PPC plan. Some installations may elect to integrate their
oil-related SPCC plan with the PPC plan elements, or may elect to keep it as a separate chapter, or
appendix, to the PPC plan.
Other types of existing emergency response plans should be handled in a similar manner.
C. Development and Submission of PPC Plans for Review and Approval.
The PPC Plan must be developed in accordance with good engineering practice by someone who
is familiar with the day-to-day operations at the site. If an outside consultant is employed for this
purpose, he must be authorized to conduct a thorough study of the material storage, handling, usage,
and waste management practices conducted at the installation.
Section II below outlines the general content and format of PPC plans.
In general PPC plans should be submitted for review and approval by the Department in conjunction
with applications for Water Quality Management or Hazardous Waste Management permits, as follows:
1. NPDES dischargers should submit (2) copies of the PPC plan for review along with the NPDES
application materials. If a PIP plan has previously been approved for the installation by the Bureau
of Water Quality Management, the PIP should be updated to the extent considered necessary
to conform with the PPC guidelines.
Facilities which are not required to obtain NPDES permits, but which must obtain Water Quality
Management Part II permits, should submit (2) copies of the PPC plan for review along with
the Part II permit application.
Other facilities which are not normally required to obtain NPDES or WQM Part II permits may
also be required to develop and submit PPC Plan, should conditions warrant, pursuant to Chapter
101 of the Department's regulations.
2. Hazardous waste generators are required to develop PPC plans* and to maintain them on site.
They are required to submit PPC plans to the Department for review and approval upon request
by the Department.
3. Hazardous waste treatment, storage, or disposal facilities should submit one copy of the PPC
plan* for each copy of the Hazardous Waste Part B permit application being submitted. In these
situations the PPC plan is considered as part of the overall Hazardous Waste Part B permit ap-
plication. Final PPC plan approval will acccompany the issuance of a Hazardous Waste Manage-
ment permit.
* Note: PPC plans developed by hazardous waste generators and/or treatment/storage/or disposal facilities, which would not otherwise be required to obtain
NPDES or Water Quality Management Part II permits, generally need only to address the PPC planning requirements as they pertain to generation, treatment,
storage or disposal of hazardous wastes (unless otherwise directed by the Department).
iv
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D. Distribution of the PPC Plan
A copy of the PPC Plan and any subsequent revisions must be maintained on-site. All members of
the installation's organization for developing, implementing, and maintaining the PPC Plan and all
emergency coordinators must review the Plan and be thoroughly familar with provisions.
In addition to the site copy, additional copies of the PPC plan should be made available to local fire,
police, medical services, and other local emergency management agencies which may become in-
volved in an actual emergency (see Description of PPC Plan Elements, Part U).
E. Implementation of the PPC Plan
The provisions of the PPC Plan must be carried out whenever emergency situations arise which en-
danger public health and safety, or the environment.
F. Revisions to the PPC Plan
The PPC Plan must be periodically reviewed and updated, if necessary. As a minimum, this must
occur when:
1. Applicable Department regulations are revised;
2. The Plan fails in an emergency;
3. The installation changes in its design, construction, operation, maintenance, or other cir-
cumstances, in a manner that materially increases the potential for fires, explosions or releases
of toxic or hazardous constituents; or which changes the response necessary in an emergency;
4. The list of emergency coordinators changes;
5. The list of emergency equipment changes; or
6. As otherwise required by the Department.
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II. PPC PLAN CONTENT AND FORMAT
General Instructions
1. Table 3 outlines the basic elements of a PPC Plan. Each of these elements is further described below.
Certain PPC Plan elements may not be entirely applicable or appropriate for a specific manufacturing
or commercial installation. In these cases the person preparing the PPC Plan should act accordingly
and should provide a brief explanation as to why the Plan element(s) in question is not applicable
or inappropriate.
2. The most important thing to remember in developing a PPC Plan is that the actual effectiveness of
the Plan will depend upon its simplicity and readability.
PPC plans which are composed of several volumes of overly detailed narrative discussions and
specifications tend to discourage the reader or user. Diagrams, charts, tables, maps, and plans must
be easily readable and understandable, particularly in times of an actual emergency.
The Plan should additionally be indexed or tabbed in such away that the key portions which pertain
to emergency response can be quickly referred to.
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TABLE 3 - ELEMENTS AND FORMAT OF A PPC PLAN
A. General description of the industrial or commercial activity
B. Description of existing emergency response plans
C. Organizational structure for implementation of the PPC Plan
D. Material and waste inventory.
E. Spill and leak prevention and response
F. Material compatibility
G. Inspection and monitoring program
H. Preventive maintenance
I. Housekeeping program
J. Security
K. External factors
L Internal and external communications and alarm systems
M. Employee training program
N. List of emergency coordinators
0. Duties and responsibilities of the emergency coordinator
P. Chain of command
Q. List of agencies to be notified
R. Emergency equipment
S. Evacuation plan for installation personnel*
T. Arrangements with emergency response contractors*
U. Agreements with local emergency response agencies and hospitals*
V. Pollution incident history
W. Implementation schedule
• These elements pertain primarily to installations which store, treat, or dispose of "hazardous waste," although they may also apply to installation handling
or using other types of toxic or hazardous materials in quantities which pose a public health risk in times of fire, explosions, or other emergencies.
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DESCRIPTION OF PPC PLAN ELEMENTS
A. GeneraI Description of the Industrial or Commercial Activity
• Briefly describe the nature of the industrial or commercial activity which occurs at the site. Include
a general discussion of products manufactured, manufactuing processes used, wastes generated, etc.
• On an 8V2" x 11" portion of a IV2-minute USGS map show the following:
North indicating arrow
name of the 7Vi minute USGS quadrangle
location of the site and site boundaries
location of surface drainage courses leading away from the site, and major surface streams and
tributaries near the site
location of any known public and private groundwater supplies in the vicinity of the site, and
location of any known public and private surface water intakes downstream from the site.
• Include drawings (suggested size no larger than 36" x 50") which show the following:
— general layout of the site
— property boundaries
— areas occupied by manufacturing or commercial activities
— raw materials and product storage
— loading and unloading operations
— waste handling, storage, and treatment facilities
— drains, pipes, and channels which lead away from potential leak or spill areas
— outfall pipes which discharge to surface streams or drainage channels
— secure and open-access areas
— entrance and exit routes to the site
B. Description of Existing Emergency Response Plants)
• Briefly describe any existing plan which has been previously developed by the installation for the purpose
of pollution incident prevention or emergency response preparedness. If the plan has previously been ap-
proved by the Department, this should also be noted, along with the date of approval.
• Provide a brief discussion as to how the existing plan relates to the overall PPC Plan being developed.
The degree to which the existing plan encompasses some, or all, of the PPC Plan elements should also
be noted.
As an example, existing Pollution Incident Prevention (PIP) Plans, which were previously developed to meet
the Department's Water Quality Management program requirements may only need to be slightly modified
or updated to satisfy the general PPC Plan requirements. A simple description which cross-references
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the PIP Plan with the various PPC Plan elements will generally suffice in lieu of a detailed rewrite
to conform with the suggested PPC Plan format.
Similar plans which have been prepared for agencies other than DER should also be described and
cross-referenced to the maximum extent possible to the PPC Plan elements so as to minimize rewriting.
For example, an oil-related Spill Prevention Control and Countermeasure (SPCC) Plan which has been
developed to comply with EPA's regulations 40 CFR 112, may be treated as an appendix, or as a
separate chapter, to the overall PPC Plan for an installation.
C. Organizational Structure for Implementation of the PPC Plan
• Describe the organizational structure for implementation of the PPC Plan.
• Describe the duties and responsibilities of the individuals within the PPC organization.
Each installation must develop a permanent organizational structure for developing, implementing,
and maintaining the PPC Plan. The exact nature and make-up of this structure will vary considerably,
depending upon the size and complexity of the installation.
For example, a large manufacturing company may either establish a formal PPC committee, or it may
assign this responsibility to an existing organization within the company, such as a safety committee
or a preventive maintenance group. A small manufacturing or commercial facility may only have one
or two individuals responsible for developing and implementing the PPC Plan. However, the PPC
organization, regardless of its size, must be given both the responsibility and authority by manage-
ment for developing, implementing, and maintaining the PPC Plan.
The main duties and responsibilities of the PPC organizational structure should include identification
of materials and wastes handled (materials inventory), identification of potential spill sources (risk
assessment), establishment of spill-reporting procedures, visual inspection programs, review of pasl
incidents and spills, and countermeasures utilized. In addition, the PPC organizational structure should
be responsible for coordination needed to implement the goals of the PPC Plan, coordination of the
activities for spill cleanup, notification of authorities, and establishment of training and educational
programs for installation personnel.
The PPC organizational structure should have the overall responsibility for periodically reviewing and
evaluating the PPC Plan, and instituting appropriate changes at regular intervals. The organizational
structure should also be responsible for the review of new construction and process changes at an
installation relative to the PPC Plan. The organizational structure should also evaluate the effectiveness
of the overall PPC Plan and make recommendations to management on related matters.
D. Material and Waste Inventory
• Identify and list by common chemical name and trade name, the locations, sources and quantities
or raw chemical materials, commercial chemical products, manufacturing chemical intermediates,
and process wastes managed at the installation which have the potential for causing environmental
degradation or endangerment of public health and safety through accidental releases. Requests for
confidentiality of this information will be handled in accordance with Department regulations.
Detailed descriptions must be available for materials that have a high potential for spills, discharges,
explosions, or fires (such as those stored in bulk storage. Materials that have a low potential for spills,
discharges, explosions, or fires (such as those used and stored in small quantities in a laboratory)
should be minimally detailed.
This information should be used to evaluate the prevention, containment, mitigation, cleanup, and
disposal measures which would be used in the event of a spill, discharge, explosion, or fire. As new
materials are added to the list their pollution potential should be evaluated.
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• For each of the above listed materials, physical, chemical toxicological, health, and safety informa-
tion based on available literature (e.g. technical bulletins, safety data sheets, scientific literature) shall
be available for use in an emergency. Cite these references in the plan and their location.
E. Spill and Leak Prevention and Response
• Describe the sources and areas where potential spills and leaks may occur, the direction of flow of
spilled materials, and the pollution incident prevention measures (see Appendix I) specific to the source
or area.
• Provide separate drawings, plot plans (or include in the general layout drawings), showing sources
and quantities of materials and wastes, sources and areas where potential spills may occur, and pollu-
tion incident prevention measures (see Appendix I).
The PPC Plan should include a prediction of the direction of the flow of materials spilled as a result
of equipment failure, accident, or human error. Particular care and attention should be paid to evaluating
the following: raw materials storage, in-plant transfer, process and materials handling,' intermediary
and product storage (if applicable), truck and rail car loading and unloading, and waste handling and
storage.
Liquid storage areas must have containment capacity sufficient to hold the volume of the largest
single container or tank, plus a reasonable allowance for precipitation based on local weather condi-
tions and plant operations. Containment systems must be sufficiently impervious to contain spilled
material or waste until it can be removed or treated. Tank or container materials must be compatible
with the material or waste stored.
Pollution incident prevention practices to eliminate contaminated runoff, leaching, or windblowing
must be implemented in non-liquid storage areas. Provisions must be made to contain or manage
contaminated run-off or leachate from these areas.
Piping, processing, and materials handling equipment at in-plant transfer, process, and materials han-
dling areas must be designed and operated so as to prevent spills. Containment practices should be
instituted at processing and handling areas including floor drains, storm sewers, or drainage swales
to prevent an accidental discharge. Protection such as covers or shields to prevent windblowing, spray-
ing, and releases from pressure relief values from causing a discharge should be provided as
appropriate.
Truck and rail car loading and unloading areas must have sufficient containment capacity to hold
the volume of the largest tank truck or rail car loaded or unloaded at the installation, plus a reasonable
allowance for precipitation. Containment systems must be sufficiently impervious to contain spilled
material or waste until it can be removed or treated.
F. Materia/ Compatibility
• Summarize the engineering practices followed with regard to material compatibility such as materials
of construction, corrosion, etc.
Engineering practices with regard to material compatibility normally consist of an appraisement of
the compatibility of construction materials of tanks, pipelines, etc., with their contents; the reaction
of materials or wastes when intentionally or inadvertently mixed or combined; and, the compatibility
of a container such as a storage tank or pipeline with its environment.
Specific consideration should be given to the procedures and practices delineating the mixing of
materials and prohibiting mixing of incompatible materials which may result in fire, explosion, or unusual
corrosion. Thorough cleaning of storage vessels and equipment before reuse should be standard prac-
tice to ensure that there is no residual'incompatible with the next or later materials used. Coatings
or cathodic protection should be considered for protecting buried pipelines or storage tanks from,
corrosion.
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G. Inspection and Monitoring Program
• Describe the type and frequency of inspections and monitoring for leaks or other conditions that could
lead to spills or emergency situations.
Typical inspections include the following: pipes, pumps, values, and fittings for leaks; tanks for cor-
rosion; tanks supports and foundations for deterioration; chemical material piles for windblowing;
evidence of spilled materials along drainage ditches; effectiveness of housekeeping practices; damage
to shipping containers; leaks, seeps, or overflows at waste treatment, storage, or disposal sites; etc.
Areas that should be inspected include the following: storage, loading and unloading, transfer pipelines,
waste treatment facilities, and disposal sites.
Routine monitoring should be performed to determine the physical conditions and liquid levels in tanks,
the quality of plant site run-off in diked areas, etc., either by manual testing or in situ instrumenta-
tion. Monitoring should be used to initiate a warning of the need for immediate corrective action to
prpvent a spill or other emergency condition. Monitoring systems should be used in conjunction with
a communications or alarm system to immediately notify personnel of abnormal conditions.
An inventory system should also be considered for keeping track of those materials having the greatest
potential for causing problems due to leaks, spills, or mishandling.
As a minimum, the frequency of inspection and monitoring must be in accordance with the applicable
Department regulations and permits. Appendix I includes some additional inspection and monitoring
examples.
H. Preventive Maintenance
• Describe the aspects of the preventive maintenance program for equipment and systems relating to
conditions that could cause environmental degradation or endangerment of public health and safety.
• Describe the procedures for the correction of those conditions by adjustment, repair, or replacement!
before the equipment or system fails.
A good preventive maintenance program includes the following: (1) identification of equipment and
systems to which the program should apply; (2) periodic inspections of identified equipment and
systems; (3) periodic testing of equipment and systems, (such as routine calibration of environmen-
tal monitoring equipment); (4) appropriate adjustment, repair, or replacement of parts; and (5) com-
plete recordkeeping of the applicable equipment and systems.
I. Housekeeping Program
• Identify the areas and the type of housekeeping practices that should apply to reduce the possibility
of accidential spills and safety hazards to plant personnel.
Examples of good housekeeping include the following: neat and orderly storage of chemicals; prompt
removal of small spillage; regular refuse pickup and disposal; maintenance of dry, clean floors by
use of brooms, vacuum cleaners, or cleaning machines; and, provisions for the storage of containers
or drums to keep them from protruding into open walkways, pathways, or roads.
Dry chemicals should be swept or cleaned up to prevent possible washdown to drains and drainage
ditches or windblowing of the material to other areas of the plant. Small liquid accumulations on the
ground or on a floor in a building should be cleaned up to prevent discharge or transport to other
areas. See Appendix I for additional examples.
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J. Security
• Describe the security procedures employed at the installation to prevent accidental or intentional en-
try that could result in a violation of Departmental regulations, or injury to persons or livestock.
' Security systems described in the PPC Plan should address, as necessary: fencing; lighting; vehicular
traffic control; access control; visitors' passes; locked entrances; locks on drain valves and televi-
sion monitoring. Security procedures must be in accordance with applicable Department regulations.
K. Externa! Factors
• Describe the possible effects of power outages, strikes, floods, snowstorms, etc., and the action
to be taken to alleviate any resulting effects to public health and safety or the environment.
L. Irstsma! and External Communications or Alarm Systems
• Describe the internal communications or alarm used to provide immediate emergency instruction (voice
or signal) to installation personnel.
• Describe the external communications or alarm system used to summon emergency assistance from
local police or fire departments.
Examples of communications or alarms systems are: hand-held two-way radios; CB radios; telephones;
fire or police alarms; PA systems; beeper or voice pagers; etc. This requirement must be in accor-
dance with applicable Department regulations.
M. Employee Training Program
• Summarize the training program given to employees which will enable them to understand the pro-
cesses and materials with which they are working, the safety and health hazards, the practices for
preventing, and the procedures for responding properly and rapidly to spills.
At a minimum, the training program must be designed to ensure that personnel are able to respond
effectively to emergencies by familiarizing them with emergency procedures, emergency equipment
systems including, where applicable: procedures for using, inspecting, repairing, and replacing
emergency and monitoring equipment; key parameters for automatic cut-off systems; communica-
tions and alarms systems; response to fires and explosions; site evacuation procedures; and, shut-
down of operations.
In addition, the employee training program should address other aspects of the PPC program, such
as preventive maintenance, inspection and monitoring, housekeeping practices, etc. The training pro-
gram must be designed and conducted in accordance with applicable Department regulations.
N. List of Emergency Coordinators
• Provide an up-to-date list of names, and addresses, and phone numbers (office and home) of all per-
sons qualified to act as emergency coordinator. Where more than one is listed, one must be named
as the primary coordinator and others shall be listed in the order in which they will assume respon-
sibility as alternates.
At all times, there must be at least one employee either on the installation's premises or on-call with
the responsiblity for coordinating all emergency response measures. The emergency coordinator must
be thoroughly familiar with ail aspects of the Preparedness, Prevention, and Contingency Plan, all
operations and activities, the location and characteristics of all materials handled, the location of all
records, and the lay-out of the installation. In addition this individual should have the authority to
commit the resources necessary to carry put the PPC Plan.
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0. Duties and Responsibilities of the Emergency Coordinator
• Describe the duties and responsibilities of the emergency coordinator specific to your installation or
activity in the event of an imminent or actual emergency.
During an emergency, the emergency coordinator should activate alarm systems, notify emergency
response agencies, identify the problem, assess the health or environmental hazards, and take all
reasonable measures to stabilize the situation. The emergency coordinator should also be responsi-
ble for follow-up activities after the incident such as treating, storing, or disposing of residues and
contaminated soil, decontamination and maintenance of emergency equipment, and submission of
any reports. Appendix II describes some example duties and responsibilities of the emergency
coordinator.
P. Chain of Command
• Provide an internal list, by position, of key employees that must be contacted in the event of an
emergency or spill.
List the positions, office telephone extensions, and home phone numbers (if applicable) of key
employees, in the order of responsibility, that would be contacted in the event of an emsrnency or spill.
This list, along with the notification procedure, should be posted on bulletin boards or other conspicuous
locations around the installation.
Q. List of Agencies to be Notified
• Provide a list of agencies and phone numbers that must be contacted in the event of an emergency
or spill. »
A list must be developed for notifying State, local, and Federal regulatory agencies of all spills. Such
a list should include, as applicable: PA DER; PA Emergency Management Agency; County Health
Department; PA Fish Commission; the National Response Center (U.iS: EPA and U.S. Coast Guard);
local police and fire departments; the local sewage treatment plant! for discharges to sewer system);
and downstream public water supplies, industrial water users, and recreation areas.
R. Emergency Equipment
• Provide an up-to-date list of available emergency equipment. The list must include the location, a
physical description, and a brief description of the intended use and capabilities of each item on the list.
• Describe the procedures for maintenance and decontamination of emergency equipment.
All installations should have equipment available to allow personnel to respond safely and quickly
to emergency situations. Some examples of emergency equipment are portable fire extinguishers,
fire control equipment (including special extinguishing equipment, such as that using foam, inert gas,
or dry chemicals), spill control equipment, decontamination equipment, self-contained breathing ap-
paratus, gas masks, and emergency tool and patching kits. See Appendix III for more examples.
All equipment must be tested and maintained as necessary to assure its proper operation-in time of
emergency. After an emergency, all equipment must be decontaminated, cleaned, and fit for its in-
tended use before normal operations resume.
S. Evacuation Plan for Installation Personnel
• Describe the evacuation plan for installation personnel where there is a possibility that evacuation
could be necessary.
The PPC Plan must describe signals to be used to begin evacuation, primary evacuation route, and
alternate evacuation routes (in cases where primary routes could be blocked by releases of hazar-
dous materials, wastes, gases, or fires), Periodic drills should be conducted to evaluate the effec-
tiveness of the plan.
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T. Arrangements with Emergency Response Contractors
• Provide a list of emergency response contractors, phone numbers, and the services they will provide.
The services of nearby contractors should be investigated and arrangements made for the prompt
performance of contractual services on short notice. Equipment suppliers should be contacted to deter-
mine the availability and means of delivery of equipment needed for removing pollution or hazards
to the public health and safety.
U. Arrangements with Local Emergency Response Agencies and Hospitals
• Provide a list of local emergency response agencies, and hospitals. Include the phone numbers and
describe arrangements concerning the emergency services they will provide.
Arrangements must be made, as appropriate, to inform a local emergency response agencies, and
hospitals concerning the type of materials or wastes handled at the installation and the potential need
for services. Arrangements should be made which will designate who will be the primary emergency
response agency and who will provide support services during emergencies.
Efforts should be made to familiarize police, fire departments, emergency response teams, and the
County Emergency Management Coordinator with the layout of the installation, the properties and
dangers associated with the hazardous materials handled, places where personnel would normally
be working, entrances to roads inside the facility, and the possible evacuation routes. As minimum,
this requirement must be in accordance with applicable Department regulations.
V. Pollution Incident History.
• List the previous pollution incidents, the date, the material or waste spilled, approximate amount spilled,
environmental damage, and action taken to prevent a recurrence.
An important criteria in determining the effectiveness of the PPC Plan program is the history of in-
cidents at the installation. A history of no incidents suggest that the practices and procedures at
the site are effective. For a site with a history of incidents it is important to investigate the reasons
for the spills and the response of the company in minimizing the potential for their recurrence.
W. Implementaion Schedule
• Provide a list of any missing or incomplete aspects of the PPC Plan and a time schedule when they
will be implemented.
An implementation schedule of any elements of the PPC Plan not currently in place must be developed.
Each missing or incomplete aspect of the plan should be addressed and discussed within the applicable
elements of the plan. Missing or incomplete aspects must be implemented as soon as possible and
in conformance with all Department regulations and requirements.
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APPENDIX I
POLLUTION INCIDENT PREVENTION PRACTICES
Pollution incident prevention practices can be divided into the following four categories: prevention, contain-
ment, mitigation and ultimate disposition. The listings below provide specific examples of each category.
1. PREVENTION
Visual Observations of:
Storage facilities
Transfer pipelines
Loading and unloading areas
Waste handling and storage areas
Detailed Inspections of:
Pipes, pumps, valves, and fittings for leaks
Tanks for corrosion (internal and external)
Dry material or waste stockpiles for windblowing
Tanks supports or foundations for deterioration
Walls for stains
Drainage ditches and areas around old tanks for evidence of spilled materials
Primary or secondary containment for deterioration
Housekeeping practices
Shipping containers for damage
Material or waste conveyance systems for leaks, spills, or overflows
Integrity of stormwater collection systems
Waste storage, treatment, or disposal sites for leaks, seeps, and overflows
Monitoring
Liquid-level detectors
Alarm systems
Pressure and temperature gauges
Analytical testing instrumentation
Pressure drop shut-off devices
Flow meters
Valve positioning indicators
Equipment operational lights
Excess-flow valves
Automatic runoff diversion devices
Routine sample collection
Redundant instrumentation
Nondestructive Testing
Hydrostatic pressure tests
Acoustical emission tests
Records of tank wall thicknesses
Labeling
U.S. DOT or National Fire Protection Association's (NFPA) designation on .tanks and pipelines
Color coding of tanks and pipelines
Warning signs
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Vehicle Positioning
Physical barriers (e.g., wheel chocks)
Underlying drains
Designated loading and unloading areas
Covering
Tarpaulins over outdoor dry waste or material stockpiles
Buildings or roofs over outside processes or stockpiles
Vegetation, rock, or synthetic covering on surface impoundments
Pneumatic and Vacuum Conveying
Loading and unloading by air pressure or vacuum
Safety relief valves
Dust collectors
Air slide trucks and rail cars
Preventive Maintenance
Identification of equipment and systems
Periodic inspections
Periodic testing
Appropriate adjustment, repair, or replacement of parts
Complete recordkeeping
Good Housekeeping
Neat and orderly storage of chemicals
Prompt removal of small spillage
Regular garbage pickup and disposal
Maintenance of dry, clean floors by use of brooms, vacuum cleaners, etc.
Maintenance of proper spacing for pathways and walkways between containers and drums
Stimulation of employee interest in good housekeeping
Employee Training Programs
Materials Inventory Systems
2. CONTAINMENT
Secondary Containment
Dikes
Curbs
Depressed areas
Storage basins
Sumps
Drip pans
Liners
Double piping
Sewer collection systems
1 1
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Flow Diversion
Trenches
Drains
Graded pavement
Grating
Overflow structures
Sewers
Culverts
Vapor Control
Water spray
Vapor space
Vacuum exhaust
Dust Control
Hoods
Cyclone collectors
Bag-type collectors
Filters
Negative-pressure systems
Water spraying
Sealing
Foamed plastic compounds used for plugging leaks in tanks
3. MITIGATION
Physical Clean-up
Brooms
Shovels
Plows
Mechanical Clean-up
Vacuum systems
Pumps
Pump/bag system
Chemical Clean-up
Sorbents
activated carbon
polyurethane and polyolefin spheres, beads, and foam belts
amorphous silicate glass foam
clay
sawdust
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Gelling agents
polyelectrolytes
polyacrylamide
butylstyrene copolmyers
polyacrylonitrile
polyethylene oxide
Foams
rockwood alcohol
protein
fluoroprotein
aqueous film-forming foam
polar liquid foam
surfactant-based foam
Volatilization
distillation
stripping
evaporation
Carbon absorption
Coagulation/precipitation
Neutralization
Ion exchange
Chemical oxidation
Biological treatment
UL TIM A TE DISPOSITION
Thermal oxidation
Land disposal
Recycle
Recover
Reuse
Detoxification
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APPENDIX II
EXAMPLES OF AIM EMERGENCY COORDINATOR'S DUTIES
AND RESPONSIBILITIES
Whenever there is an imminent or actual emergency situation, the emergency coordinator must immediately:
1. Activate facility alarms or communications systems, where applicable, to notify facility personnel; and
2. Notify local emergency response agencies including the Department.
Whenever there is an emission or discharge, fire, or explosion, the emergency coordinator must immediately
identify the character, exact source, amount, and areal extent of emitted or discharged materials. He may do
this by observation of review of records and, if necessary, by chemical analysis.
Concurrently, the emergency coordinator must assess possible hazards to human health or the environment
that may result from the emission or discharge, fire, or explosion. This assessment must consider both direct
and indirect effects of the emission, discharge, fire, or explosion.
If the emergency coordinator must assess possible hazards to human health or the environment that may result
from the emission or discharge, fire, or explosion. This assessment must consider both direct and indirect ef-
fects of the emission, discharge, fire, or explosion.
If the emergency coordinator determines that the installation has had an emission, discharge, fire, or explosion
which would threaten human health or the environment, he must immediately notify the applicable local authorities
and indicate if evacuation of local areas may be advisable; and, immediately notify the Department by telephone
at 717-787-4343 and the National Response Center at 800-424-8802 and report the following:
1. Name of the person reporting the incident
2. Name and location of the installation
3. Phone number where the person reporting the spill can be reached
4. Date, time, and location of the incident
5. A brief description of the incident, nature of the materials or wastes involved, extent of any injuries,
and possible hazards to human health or the environment
6. The estimated quantity of the materials or wastes spilled, and
7. The extent of contamination of land, water, or air, if known.
During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that
fire, explosion, emission, or discharge do no occur, reoccur, or spread to other materials or wastes at the in-
stallation. These measures shall include, where applicable, stopping manufacturing processes and operations,
collecting and containing released materials or wastes, and removing or isolating containers.
If the installation stops operations in response to a fire, explosion, emission, or discharge, the emergency coor-
dinator must ensure that adequate monitoring is conducted for leaks, pressure buildup, gas generation, or rup-
tures in valves, pipes, or other equipment, wherever this is appropriate.
Immediately after an emergency, the emergency coordinator with Departmental approval must provide for
treating, storing, or disposing of residues, contaminated soil, etc., from an emission, discharge, fire, or explo-
sion at the installation.
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The emergency coordinator must insure, that in the affected areas of the installation, no material or waste in-
compatible with the emitted or discharged residues is processed, stored, treated, or disposed of until cleanup
procedures are completed; and, all emergency equipment listed in the PPC Plan is cleaned and fit for its intended
use before operations are resumed.
Within 1 5 days after the incident, the installation must submit a written report on the incident to the Depart-
ment. The report must include the following:
1. Name, address, and telephone number of the individual filing the report
2. Name, address, and telephone of the installation
3. Date, time, and location of the incident
4. A brief description of the circumstances causing the incident
5. Description and estimated quantity by weight or volume of materials or wastes involved
6. An assessment of any contamination of land, water, or air that has occurred due to the incident
7. Estimated quantity and disposition of recovered materials or wastes that resulted from the incident, and
8. A description of what actions the installation intends to take to prevent a similar occurrence in the
future.
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APPENDIX 111
EXAMPLES OF EMERGENCY EQUIPMENT
Special equipment is often required and may be needed quickly in an emergency. Examples include the following:
Aerial ladder
Absorbant materials
Accident investigation kit
Air compressor
Air supply, for breathing equipment
Backhoe
Basket stretchers
Bulldozer
Bullhorn
Camera/photo equipment
Cellar pump
Chain hoist
Chain saw
Chemical neutralizers
Crane
Cutters (power)
Decontamination equipment with a clean water
supply (70-80°F).
Ejector - smoke
Elevated platform truck
Explosimeters
Fans
Firefighting equipment
First aid supplies
Foam concentrate supply
Foam generators
Forklift
Fuel Supply
Geiger counter
Generator trailer
Heaters, portable
Helicopter
Hydraulic spreader jacks
Inhalator
Jack hammer
Jacks
Ladder Truck
Lighting equipment, portable
Medical supplies
Metal saw (power)
Public address system
Radio
Resuscitator
Sand supply
Self-contained breathing apparatus
(SCBA)
Self-contained underwater breathing
apparatus (SCUBA)
Submersible pump
Tank truck
Tool box
Welding/cutting equipment
Water pump
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
.. V
February 13, 1985
INSTRUCTIONS FOR APPLYING FOR A
PENNSYLVANIA HAZARDOUS WASTE TRANSPORTER LICENSE
To apply for a Pensylvania Hazardous Waste Transporter License, you should
first complete an application and return it to the Department of Environmental Resources,
Bureau of Solid Waste Management, P.O. Box 2063, Harrisburg, PA 17120, with a check for
$200 made payable to the "Commonwealth of Pennsylvania." The $200 is a non-refundable
application fee. About two weeks after receipt of your application, you will receive a letter
detailing all of the things which must be done to complete the licensure process. They include
at least the following:
You must submit a collateral bond in an amount determined by the hazard class
and quantity of waste which you intend to transport in Pennsylvania. The minimum bond
amount is $10,000 and will increase, depending on the hazard codes you check and the quantities
you indicate on your application. The bond is a collateral bond and the collateral must be in
the form of cash, an irrevocable letter of credit, or acceptable negotiable bonds assigned to
the Department. Under State law, surety bonds are unacceptable as a hazardous waste transporter
bond.
You will also be required to prepare a Contingency Plan based on the Department's
guidelines, and to submit a Certificate of Insurance showing that you carry at least $1 million
worth of property damage and bodily injury liability insurance (usually as part of your automobile
coverage). You will be required to complete a Module 10, Compliance History, providing a
history of your company's compliance with environmental laws and regulations. You will
also be required to complete a Notification of Hazardous Waste Activity Form.
You are given ninety (90) days to complete the above documents. It takes a
minimum of six (6) weeks for you to become licensed after receipt of acceptable collateral.
In addition, you should contact the following agencies in Pennsylvania:
Hazardous Substances Division
Department of Transportation
717-787-7445
Pennsylvania Turnpike Commission
717-939-9551
Public Utility Commission
717-783-5945
i! you have any additional questions, please contact Jeffrey A. Beatty, Solid
Waste Program Specialist, Bureau of Solid Waste Management at (717) 787-6239.
-------
SR.SWM-52A:5/84
COMMONWEALTH OF PENNSYLVANIA
'DEPARTMENT OP ENVIRONMENTAL RESOURCES
BUREAU OF SOLID WASTE MANAGEMENT
HAZARDOUS WASTE TRANSPORTER LICENSE APPLICATION
(check one] ~ New License ~ Renewal HWT License No. PA-AH
1. EPA I.D. NO.
2. Name of Company
Mailing Address
-amOAL USE ONLY—
Basa Band
Additional Bond.
Total Bond
Location
If within PA, Municipality County
Bus. Phone No. 24 hr. Emergency Phone No.
lAraa Cos«i (Ana Coati
3. If a subsidiary or division, name of parent company
4. Types of hazardous wastes to be transported:
E.P. TOXIC
IGNITA8LE
CORROSIVE
TOXIC
REACTIVE
ACUTE HAZAROOUS
Solid
~
~
~
~
~
~
Liquid
~
~
~
~ ¦
~
~
Gas
~
~
~
~
~
~
Solid - equal to or greater than 20% solids by dry weight and non-fiowable. Flowable refers to flow in the sense
of pourabie as a liquid. Liquid - less than 20% solids by dry weight. Gas: Gas at ambient temperature and pressure.
5. Average yearly total tonnage of hazardous waste picked up or delivered within PA tons.
6. Number of copies of license requested
7. On a separate S-Yz" x 11" sheet of paper list the names, titles, and addresses of ALL corporate officers. If appli-
cant is not a corporation, see Instruction titl on reverse.
8. If there are terminal locations, including the address given in answer to question No. 2 above, that wiil store hazardous
waste in transit or be used for consolidation of hazardous waste shipments in PA, please complete the Terminal
Location Form ER-SWM-52B, listing each such location.
9. Name of Contact Person Telephone No.
(Ana Coaal '
10. Certification This is to certify that the information contained and attached to this application is true, correct,
and complete to the best of my knowledge..
Print or Type Name of Corporate Officer
Title
Signature of Corporate Officer
Date Signed
AFFIX
CORPORATE
SEAL
APPLICATION FEE - $200
(SEE INSTRUCTIONS ON REVERSE)
-------
ER-SWM-52: S/84
Instructions COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OP ENVIRONMENTAL RESOURCES
HAZARDOUS WASTE TRANSPORTERS LICENSE APPLICATION
INSTRUCTIONS
Only transporters who pick up and/or deliver hazardous wastes within the Commonwealth are require®
to be licensed by the Department. Transporters who only haul hazardous wastes through the Commonwealth
are not required to be licensed but may be subject to certain PA Department of Transportation, PA Turnpike
Commission, and PA Public Utility Commission requirements. ™
After reviewing the completed license application, the Department will send a letter to the applicant noti*
fying him of the collateral bond, contingency plan, insurance, and other requirements. Upon approval by thM
Department of all the required documents, a license may be issued.
All applications for a hazardous waste transporter license must be accompanied by a check for $20(8
made payable to the "Commonwealth of Pennsylvania". If you have any questions about the license ap*
plication, please contact the Division of Hazardous Waste Management at (717) 787-7381. The instruc-
tions below correspond to the license application.
' t
1. Enter your EPA ID Number. If you have not received an EPA ID Number, please contact the Division
of Hazardous Waste Management at (717) 787-7381 for further information.
2. Enter the legal name of your company. If the headquarters location is the same as the mailing ad~
dress, enter "same".
3. Self-explanatory.
4. Indicate the types of hazardous waste you intend to transport based on the hazard codes
wastes found in ! 75.261 of the Department's regulations and the physical states defined on the lio^P^
application. If you do not know what types of wastes you intend to transport, you should obtain that infor-
mation from the generator of the waste. Please be advised that you will be licensed to transport only thqn
hazard codes and physical states you designate on this license application.
5. Estimate the total tons of hazardous wastes per year that will be transported within PA. If you estimat^
that you will transport 110 tons or less, you may qualify as a Small Quantity Hazardous Waste Transported
with the minimum collateral bond required. Contact the Department for information regarding the Small Quantit^
Hazardous Waste Transporter License.
6. Indicate the number of copies of the license you will need. A copy of the license is required to bdV
carried on the transport vehicle while transporting hazardous waste which is picked up or delivered within PA.
7. If the applicant is not a corporation, list the names, titles, and addresses of officials as follows:
the applicant is a Limited Partnership, list ail general partners; for ail other Partnerships, list all partners; for
Sole Proprietorships, list the proprietor; for Municipal, State, Federal, or other Public Agencies, list all ex^
ecutive officers or ranking elected officials.
8. See Form ER—SWM —52B, Pennsylvania Terminal Location form.
9. Self-explanatory.
10. If the applicant is not a corporation, see Item No. 7 above. Only one signature is required on th^[
application. Corporations must affix their corporate seal.
Send "the completed application and the $200 application fee to:
PA Department of Environmental Resources
Division of Hazardous Waste Management
P.O. Box 2063
Harrisburg, PA 17120
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ER-SWM-528:5/83
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF SOLID WASTE MANAGEMENT
HAZARDOUS WASTE TRANSPORTERS LICENSE APPLICATION
PA TERMINAL LOCATION FORM
EPA Identification No. (if applicable)
Terminal Name
Address !
Terminal Telephone Number - -
(Area Codal
County ¦
Are hazardous wastes stored in-transit? ~ Yes ~ No If yes, how long? Days
Name of Terminal Manager
Print or Type Name
EPA Identification No. (if applicable)
Terminal Name !
Address ;
Terminal Telephone Number - -
(Am Coda) i
County ; ;
Are hazardous wastes stored in-transit? ~ Yes ~ No If yes, how long? Days
Name of Terminal Manager
Print or Type: Name
EPA Identification No. (if applicable) '
Terminal Name
Address , ;
Terminal Telephone Number - ¦ • - _
(Atm Coda)
County
Are hazardous wastes stored in-transit? ~ Yes ~ No If yes, how long? Days
Name of Terminal Manager ;
Print or Type Name
EPA Identification No. (if applicable) ;
Terminal Name I
Address i
Terminal Telephone Number - -
(Araa Coda)
County |
Are hazardous wastes stored in-transit? ~ Yes ~ No If yes, how long? Days
Name of Terminal Manager ; ;
Print or Type Name
EPA Identification No. (if applicable) !
Terminal Name ; .
Address
Terminal Telephone Number - -
(Are* Coda)
County
Are hazardous wastes stored in-transit? ~ Yes ~ No If yes, how long? Days
Name of Terminal Manager
Print or Type Name
If additional copies of this form are required, please photocopy.
-------
AUTHORIZED SIGNATURES FOR DOCUMENTS RELATING TO ISSUANCE OR
RENEWAL OF A HAZARDOUS WASTE TRANSPORTER LICENSE
Hazardous Waste Transporter License documents require signature as indicated
below:
Proprietorships
Application, Collateral Bond and Module No 10 - Owner
Partnerships
Application - One partner
Collateral Bond and Module No. 10 - ALL partners
Corporations
Application - One corporate officer from either Column A or B
Collateral Bond and Module No. 10 - One from Column A and one from
Column B
A
B
President
Vice-President
Secretary
Assistant Secretary
Treasurer
Assistant Treasurer
If you have only one corporate officer, please attach a
notarized statement to that effect.
August, 1983
-------
ER-SWM-28: Rev. 3/82
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF SOLID WASTE MANAGEMENT
COLLATERAL BOND
Purpose: Bond for the Transportation of Hazardous Waste
(To be completed by Department)
Hazardous Waste Transporter's
License No.
Location of Company: Date of License Issuance
(Municipality)
(County)
WHEREAS,
a (1) corporation, incorporated under the laws in the State of
or (2) '
(Partnership, Individual, Registered Fictitious Name Business)
with his/her/its principal place of business at
(Address)
, has filed an application for a license with the Commonwealth of
Pennsylvania, Department of Environmental Resources (hereinafter referred to as the "Department") under
the provisions of the "The Solid Waste Management Act", Act of July 7,1980, No. 1980-97, as amended
(hereinafter referred to as the "Solid Waste Management Act") to conduct the transportation of hazardous
waste within the Commonwealth of Pennsylvania.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that
Name of Hazardous
(hereinafter referred to as " Licensee"), in consideration of the issuance
Waste Transporter Licensee
of the aforesaid license and intending to be legally bound hereby, is held and firmly bound unto the
Department, in the just and full sum of
(S ) Dollars, to the payment whereof well and truly to be made, the Licensee does
(To be completed by Applicant)
Name of Company:
1
-------
hereby bind heirs, executors, administrators, assigns and successors,
(hit, hen or its)
firmly by these presents:
NOW THE CONDITION OF THIS OBLIGATION is such that if the Licensee shall faithfully perform
all of the requirements of (1) the "Solid Waste Management Act", (2) the applicable rules and regulations
promulgated thereunder, (3) any order of the Department, and (4) the terms and conditions of the license
issued thereunder and designated in this bond (all of which are hereinafter referred to as the "law") and
(5) such amendments or additions to the law as may hereinafter be lawfully made then this obligation shall
be null and void, otherwise to be and remain in full force and effect.
LIABILITY UPON THIS BOND shall be for the amount specified herein, which is a penalty for non-
compliance with the law. Liability upon this bond shall continue at a minimum for the duration of the
license or any renewal thereof and for a period of one (1) year after the expiration of the license. The one
year period of liability shall include and shall be automatically extended for such additional time during
which administrative or legal proceedings involving a violation the law by the transporter are pending.
AND FOR THE PURPOSE OF SECURING SAID OBLIGATION, the Licensee hereby deposits the
following collateral, in cash, automatically renewable irrevocable bank letters of credit, or negotiable bonds
of the United States Government, the Commonwealth of Pennsylvania, the Pennsylvania Turnpike Com-
mission, the General State Authority, the State Public School Building Authority, or any municipality
within the Commonwealth.
Description of Collateral
A) Negotiable Bonds
Name of Issue & Bond No. Face Value Market Value
B) Automatically Renewable Irrevocable Letters of Credit
Bank Reference No. Amount
Sub Total
-------
Description of Collateral (continued)
C) Cash, Certified Check, Cashier's Check, Treasurer's Check
Cash Bank Check No. Amount
~ . '
~
~ ___
(Check if
Applicable) Sub Total
Total Amount of Collateral:
The Secretary of the Department shall, upon receipt of deposits of cash or securities, immediately
place the same with the State Treasurer, who shall receive and hold the same in the name of the Common-
wealth for the purposes for which such deposit is made and in accordance with the terms of the Bond.
Where securities deposited mature or are called, the State Treasurer, at the request of the licensee, may
convert such securities into other acceptable securities designated by the licensee. The Licensee hereby
nominates, constitutes and appoints the State Treasurer, its attorney in fact, for the purpose of endorsing
and negotiating liquidation or an exchange of said securities or any part thereof, for the purpose of ex-
change of collateral as aforesaid or in the event of forfeiture of this obligation under the terms of this Bond.
UPON THE HAPPENING OF ANY DEFAULT of the provisions, conditions and obligations assumed
under this Bond and the declaration of a forfeiture by the Secretary, or his designee, the period for
appeal provided by law having expired, the Licensee hereby authorizes and empowers the State Treasurer
to liquidate the said collateral and deposit the proceeds to the account of the Department as provided
by law.
FURTHER, the Department reserves the right to require additional bonding from the Licensee,
for any reason, which shall be a supplement to and augment the amount of bond provided herein. Nothing
herein shall limit or preclude the Department from seeking any penalty, liability or remedy, in addition
to the forfeiture of this Bond, which may be authorized or provided by law.
3
-------
IN WITNESS WHEREOF, the Licensee hereunto sets its hand and seal, intending to be legally bound
hereby, this day of , 19 .
ATTEST OR WITNESS: . HAZARDOUS WASTE TRANSPORTER
(Mama of Licensee)
By.
(Signature) (Signature)
(Title)
By
(Signature) (Signature)
(Title)
(Corporate Seal)
Approved as to legality and form:
Office of Attorney General
Chief/Assistant Counsel
Department of Environmental Resources
APPROVED FOR THE DEPARTMENT:
(Signature)
(Title)
4
-------
Commonwealth of Pennsylvania
Department of Environmental Resources
Instructions for the Completion of Collateral Bond Form ER-SWM-28
The following page-by-page instructions are to be used as an aid in completing Collateral Bond forms
by hazardous waste transporter license applicants. Please type or print clearly using a ball point pen.
If you have any questions about the bond form, please contact the Division of Hazardous Waste
Management at (717) 787-7381.
PAGE 1
The Name and Location of the Principal Place of Business must correspond to that listed in Item 2
of the License Application (Form ER-SWM-52). If you are out-of-state, enter NA in the municipality
and county.
All references to the Licensee in this or any other bond documents and all securities or Letters of
Credit must correspond to the name of the License Applicant as listed in Item 2 of the License Application.
Documents or securities may not be in the name of parent companies, subsidiary companies or any
other third party.
The Just and Full Sum of the Collateral Bond represents the total amount of Collateral Bond Liability
as specified by the Department.
Liability upon the Bond will be for the duration of the license and any renewal and for a minimum
of one year after the expiration of the license unless released by the Department.
PAGE 2 AND 3
Description of Collateral. Negotiable Bonds, Letters of Credit or Cash submitted as the Collateral Payment
must be listed under the appropriate category with all the required information. Negotiable Bonds will
be valued at current market value and not face value.
Letters of Credit must be in the form specified on the reverse side of these instructions and issued
from a bank organized or authorized to transact business in the United States.
Total Amount of Collateral represents the total collateral bond payment submitted. This figure must
equal the total Collateral Bond Liability specified on Page 1 of the form.
PAGE 4
The Collateral Bond Documents must be executed in the following manner:
1. All signatures affixed to the document must be witnessed.
2. Corporations • Two Corporate Officers must sign the document and the Corporate Seal must be
affixed.
3. Limited Partnerships • All General Partners must sign the document. Limited Partners need not
sign.
4. All Other Partnerships • AH Partners must sign the document.
-------
IRRfcVOCAME
COMMERCIAL
LETTER OF CREDIT
THE ANYTOWN BANK, N.A.
Anytown, USA
USSJUQjQIL,
January 1 1981
DRAFTS DRAWN HEREUNDER MUST BE MARKED:
"DRAWN UNDER THE ANYTOWN BANK, N.A., ANYTOWN, USA
l/CREF. POOOOOO " AND INDICATE THE DATE HEREOF.
^COMMONWEALTH OF PENNSYLVANIA
BUREAU OF SOLID WASTE MANAGEMENT
FULTON BANK BUILDING
P.O. BOX 2063
HARRISBURG, PENNSYLVANIA 17120
i r
~i
"R"
L
L
J
J
GENTLEMEN:
WE HEREBY AUTHORIZE YOU TO DRAW ON THE ANYTOWN BANK, N.A., ANYTOWN, USA
BY ORDER OF ABC WASTE DISPOSAL COMPANY, ANYTOWN, USA
AND FOR ACCOUNT OF ABC WASTE DISPOSAL COMPANY, ANYTOWN, USA
UP TO AN AGGREGATE AMOUNT OF US $1,000,000.00
AVAILABLE BY YOUR DRAFTS AT SIGHT
This letter of credit shall be automatically renewed for additional terms of one (1) year unless
the Bank gives at least ninety (90) days written notice to the Commonwealth of its intent to terminate
the credit at the end of the current term. The Commonwealth of Pennsylvania shall have the right
to draw upon this letter of credit up to the aggregate amount, less any prior drafts by the
Commonwealth, and hold it a$ a cash collateral guarantee if ABC Waste Disposal Company fails
to replace this letter of credit with other acceptable collateral guarantees within thirty (30) days
after the Bank gives its written notice to terminate the credit at the end of the current term.
DRAFTS MUST BE DRAWN AND NEGOTIATED NOT LATER THAN January 1, 1982 or annually thereafter If the credit Is not terminated
as provided herein.
THE AMOUNTS THEREOF MUST BE ENDORSED ON THIS LETTER OF CREDIT.
WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND
IN COMPLIANCE WITH THE TERMS OF THIS CREDIT, THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION
TO THE DRAWEE.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1974
REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 290 or successor publications.
YOURS VERY TRULY,
SPECIMEN
ASSISTANT TREASURER/PER PROCURATI
-------
ER-SWM-51:REV. 10/84
K
Bureau of Waste Management
P. 0. Box 2063
Harrisburg, PA 17120
Please print or type. (Form designed for use on elite (12-pitch) typewriter.)
Form Approved. 0MB No. 2000-0404. Expires 7-31-86
P ABXSl^
4 <=] H *
UNIFORM HAZARDOUS
WASTE MANIFEST
1. Generator's US EPA ID No.
Manifest
Document No.
2. Page 1
of
Information in the shaded areas
is not required by Federal law
but Is required bv State law.
. Generator's Name and Mailing Address
A. State Manifest Document Number
PAB 2179494
B. State Gen. ID
4. Generator's Phone (
)
5. Transporter 1 Company Name
6.
US EPA ID Number
C. State Trans. ID
PA-AH I
7. Transporter 2 Company Name
8.
US EPA ID Number
D. Transporter's Phone I
E. State Trans. ID
9. Designated Facility Name and Site Address
10.
US EPA ID Number
PA-AH I '
F. Transporter's Phone I
I
G. State Facility's ID
Not Required
H. Facility's Phone I
)
11. US DOT Description IIncluding Proper Shipping Name. Hazard Class, and ID Number)
12. Containers
No. Type
13.
Total
Quantity
14.
Unit
Wt/Vol
I.
Waste No.
d.
J. Additional Descriptions for Materials Listed Above (Include physical state and hazard codeI
Haz. Code Physical State Haz. Coda Physical State
K. Handling Codes for Wastes Listed Above
¦ U LU
. U LL I
U LLJ
, U LU
b.
15. Special Handling Instructions and Additional Information
16. GENERATOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described
shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by
highway according to applicable international and national governmental regulations, and all applicable State laws/
regulations.
above by proper
Date
Printed/Typed Name
Signature Month Day Year
III
17. Transporter 1 Acknowledgement of Receipt of Materials | Date
Printed/Typed Name
Signature Month Day Year
I I
18. Transoorter 2 Acknowledaement of Receiot of Materials
I Data
"O
>
co
IV;
I—*•
Printed/Typed Name
Signature
Month Day Year
I't
19. Discrepancy Indication Space
I*
:0. Facility Owner or Operator: Certification of receipt of hazardous materials covered by this manifest except as noted in Item 19.
Date
Printed/Typed Name
Signature
Month Day Year
III
EPA Form 8700-22 (3-84)
COPY 1 - Destination State - Mailed by TSD Facility
-------
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
GUIDELINES FOR THE DEVELOPMENT AND
IMPLEMENTATION OF A CONTINGENCY PLAN
FOR THE TRANSPORTATION OF HAZARDOUS WASTE
BUREAU OF SOLID WASTE MANAGEMENT
DIVISION OF HAZARDOUS WASTE MANAGEMENT
POST OFFICE BOX 2063
HARRISBURG, PENNSYLVANIA 17120
(717) 787-7381
-------
TRANSPORTER CONTINGENCY PLAN
INTRODUCTION
Act 97, the Solid Waste Management Act of 19S0 and Chapter 75 of the Department's Rules
and Regulations require transporters of hazardous waste to develop and implement a contingency
plan to deal with emergencies affecting the environment, public health and safety resulting
from an incident while transporting hazardous waste.
APPLICABILITY
These guidelines apply to transportation of hazardous waste, not generation, storage, treatment
or disposal of hazardous waste. Transporters who generate, store, treat, or dispose of hazardous
wastes must also prepare a Preparedness, Prevention, and Contingency Plan in accordance
with the Department's "Guidelines for the Development and Implementation of Preparedness,
Prevention, and Contingency Plans" when requested.
Pollution Incident Prevention (PIP) Plans prepared in conjunction with the Department's
Water Quality Management program or other previously prepared emergency and prevention
plans may already encompass some of the basic Contingency Plan elements, but are not
acceptable as a Transporter's Contingency Plan.
SUBMISSION OF CONTINGENCY PLANS FOR REVIEW AND APPROVAL
Hazardous waste transporters are required to submit to the Department two copies of the
Contingency Plan for review and approval when required during the license application process.
If the Contingency Plan needs to be revised, prior to approval, two copies of fhe revisions
shall be submitted to the Department for review and approval.
IMPLEMENTATION QF THE CONTINGENCY PLAN
The provisions of the Contingency Plan shall be implemented whenever emergency situations
arise which endanger public health and safety or the environment as required by
Section 75.263(g)(6).
REVISIONS TO THE CONTINGENCY PLAN
The Contingency Plan shall be periodically reviewed and updated if necessary. As a minimum,
this shall occur when:
1. Applicable regulations are revised;
2. The plan fails in an emergency;
3. The mode of operation changes in a manner that materially increases the potential for
fires, explosions or releases of hazardous constituents, or changes the response necessary
in an emergency;
4. The list of emergency coordinators changes;
5. The list of emergency equipment changes; or
-1-
-------
6. As required by the Department.
PREPARATION OF THE CONTINGENCY PLAN
Contingency Plans shall be prepared in accordance with good engineering practice by someone
who is familiar with day-to-day operations of the applicant. If an outside consultant is
employed for this purpose, he must be authorized to conduct a thorough study of waste handling
and transportation practices.
PURPOSE OF THE CONTINGENCY PLAN
The purpose of a Contingency Plan is two-fold. First, it is a document which must be carried
in the transport vehicle to provide information and direction to the driver during an emergency.
Second, it is accepted by the Department as the transporter's written assurance that certain
activities will be conducted in an acceptable manner. Therefore, it will necessary for you to
repeat some sections of the "Sample Contingency Plan" verbatim to indicate that your company
agrees to do these things.
FORMAT OF THE CONTINGENCY PLAN
Attached is a "Sample Contingency Plan". All items in bold type must be included in the
plan as they are in the "Sample". Instructions are provided in regular type.
-2-
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SAMPLE CONTINGENCY PLAN
EMERGENCY REPORTING
In the event of an emergency or a hazardous waste spill during transportation, the transporter
will immediately notify the Department of Environmental Resources and the National Response
Center with the following information required by 75.263(g)(1):
1. Name of the person reporting the incident.
2. Name, address, and the EPA identification number of the transporter.
3. Phone number where the person reporting the incident can be reached.
4. Date, time and location of the incident.
5. Mode of transportation and type of transport vehicle.
6. A brief description of the incident, including the type of incident.
7. For each waste involved in the spill:
a. The name and EPA identification number of the generator of the waste.
b. Shipping name, hazard class and UN or NA number of the waste.
c. Estimated quantity of the material or the waste spilled.
d. The extent of the contamination of land, water, or air.
8. Shipping name, hazard class, and the UN or NA number of any other material carried.
In the event of an emergency or hazardous waste spill during transportation, the transporter
will immediately notify the affected municipality of the occurrence and the nature of the
spill required by 75.263(g)(2).
The transporter will submit a report of the incident in writing as required by 49 CFR 171.16
to the Chief, Information System Division, Transportation Programs Bureau, Department of
Transportation, Washington, DC 20590, and send copies of the report to the Department of
Environmental Resources, and generator as required by 75.263(g)(5).
LIST OF EMERGENCY RESPONSE AGENCIES
The following are the minimum agencies and phone numbers to be listed:
Pennsylvania Department of Environmental Resources
(717) 7X7-7381 (working hours)
(717) 787-4343 (after working hours)
Pennsylvania Emergency Management Agency
(717) 783-8150 (24 hours)
-3-
-------
National Response Center
(800) 424-8202 (24 hours)
Pennsylvania Local Police and Fire Departments
911 or 0 (Operator)
LIST OF EMERGENCY COORDINATORS
A minimum of two Emergency Coordinators must be listed. Provide name, address and home
and office telephone numbers. Indicate who is the primary coordinator and who is the secondary
coordinator.
At all times, there shall be at least one employee either on the installation's premises or on-
call with the responsibility for coordinating all emergency response measures. The emergency
coordinator shall be thoroughly familiar with all aspects of the Contingency Plan, all operations
and activities, the characteristics of all materials handled and the location of all records. In
addition, this individual shall have the authority to commit the resources necessary to carry
out the Contingency Plan.
LIST OF EMERGENCY RESPONSE CONTRACTORS
If you list yourself, briefly describe the emergency response actions you will take. Also
include a detailed list of your emergency response equipment under "Emergency Equipment".
If you are not listing yourself, a minimum of two emergency response contractors must be
listed (including address and phone number) as required by 75.263(g)(4) and a short description
of their services provided.
The services of the emergency response contractors should be investigated and arrangements
made for the prompt performance of contractual services on short notice. Equipment suppliers
should be contacted to determine the availability and rapid delivery of equipment for removing
pollution hazards by rapid clean-up.
EMERGENCY EQUIPMENT
Provide an up-to-date list of available emergency equipment. The list shall include the
location, a physical description, and a brief description of the capabilities of each item on
the list. Protective clothing including a filter mask or a gas mask and a first aid kit with
eyewash apparatus must be carried on the transport vehicle as required by 75.263(h)(2).
Absorbent material or mats must also be carried on the transport vehicle when liquids are
transported in containers of 110 gallons or less as required by 75.263(h)(4).
A brief statement must be made concerning the maintenance and decontamination procedures
of the emergency equipment listed above. An acceptable example is "All equipment shall be
tested and maintained as necessary to assure its proper operation in time of an emergency.
After an emergency, all equipment shall be decontaminated, cleaned, and fit for its intended
use before normal operations resume."
EXTERNAL COMMUNICATIONS
Describe the communication system the driver will use to contact the emergency coordinator
and/or notify the emergency response agencies as required by 75.263(h)(2)(iv) (i.e., public
-4-
-------
phone, CB radio, 2-way radio). CB or 2-way radios are required if you are applying for licensure
to carry acute hazardous wastes.
ROUTINE DECONTAMINATION PROCEDURES
Describe the routine decontamination procedures of the equipment used to handle hazardous
waste. Equipment used to handle hazardous waste including but not limited to storage containers,
processing equipment, trucks, and loaders that are contaminated with hazardous waste must
be decontaminated prior to being serviced or used for any purpose other than transportation
of compatible hazardous waste and prior to being serviced or used for transportation of non-
hazardous waste, unless such wastes are compatible and are transported to a hazardous waste
storage, treatment or disposal facility.
Where does routine decontamination occur? How? Describe the frequency. How is the rinsate
or residual disposed as required by 75.263(h)(3).
EMPLOYEE TRAINING PROGRAM
Summarize your employee training program which must include the following:
1. Knowledge of the materials being transported.
2. Safety and health hazards associated with materials being transported.
3. Practices lor preventing spills.
4. Procedures for responding properly and rapidly to spills.
5. Emergency procedures (i.e., use of contingency plan, first aid).
6. Use of emergency equipment.
Describe the ongoing training given to employees as required by 75.263(h)(1) (i.e., monthly
review, yearly training course).
IMPLEMENTATION SCHEDULE
List any incomplete aspects of the contingency plan and a time schedule when they will be
completed.
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