Section 6018.303 - Transportation of residual waste(a) It shall be unlawful for any person or municipality to transport or permit the transportation of residual waste: (1) to any processing or disposal facility within the Commonwealth unless such facility holds a permit issued by the department to accept such waste; or(2) in a manner which is contrary to the rules and regulations of the department or any permit or the conditions of any permit or any order issued by the department.(b) It shall be unlawful for any person or municipality who transports residual waste to fail to: (1) use such methods, equipment and facilities as are necessary to transport residual waste in a manner which shall not adversely affect or endanger the environment or the public health, welfare and safety; and(2) take immediate steps to contain and clean up spills or accidental discharges of such waste, and notify the department, pursuant to department regulations, of all spills or accidental discharges which occur on public highways or public areas or which may enter the waters of the Commonwealth as defined by the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," or any other spill which is governed by any notification requirements of the department.(c) The department may not prohibit or penalize the vehicular transportation of leachate discharged from a collection and handling system of a landfill to an offsite facility for the treatment of the leachate, provided that:(1) Trucking of leachate may be conducted using vehicles with enclosed tanks if they are operated in compliance with all applicable regulations promulgated by the Federal Motor Carrier Safety Administration regulations under 49 CFR (relating to transportation).(2) If the daily number of tanker vehicles transporting leachate will be greater than 10% of the total number of vehicles delivering waste and materials to the site as evaluated in the most recent traffic study for the facility, a new traffic impact analysis shall be conducted and reviewed pursuant to applicable regulations of the Department of Transportation. The facility may be required to submit an updated environmental assessment that includes the new traffic impact analysis to the department for its consideration in accordance with 25 Pa. Code§§ 271.126 (relating to requirement for environmental assessment) and 271.127 (relating to environmental assessment).(3) To the extent an existing permitted landfill, or expansion thereof, proposes to use leachate transportation as a basic treatment method for some or all of the daily volume of leachate calculated pursuant to 25 Pa. Code§ 273.162(a) (1) (relating to leachate treatment plan), the facility closure and post closure financial assurance shall be recalculated and increased, if required, to cover the costs associated with that volume and duration of the proposed leachate transportation. No financial assurance modification shall be required for the use of transportation for management of leachate volumes related to excess rainfall, open cell conditions, system interruptions or emergencies.(d) As used in this section, the term "leachate" means as defined in 25 Pa. Code§ 271.1 (relating to definitions).Amended by P.L. TBD 2015 No. 45, § 1, eff. 12/6/2015. 1980 , July 7, P.L. 380, No. 97, § 303, effective in 60 days.