25 Pa. Code § 283.202 - Areas where resource recovery facilities and other processing facilities are prohibited
(a) Except
for areas that were permitted prior to April 9, 1988, a municipal waste
processing facility subject to this chapter may not be operated as follows:
(1)
Floodplain. In the
100-year floodplain of waters of this Commonwealth, unless the Department
approves in the permit a method of protecting the facility from a 100-year
flood consistent with the Flood Plain Management Act (32 P. S.
§§ 679.101-679.601) and the Dam
Safety and Encroachment Act (32 P. S. §§ 693.1-693.27).
(2)
Wetlands.
(i) In or within 300 feet of an exceptional
value wetland as defined in §
105.17 (relating to
wetlands).
(ii) For a processing
facility permit issued on or after December 23, 2000, other than an expansion
of a processing facility that was permitted prior to December 23, 2000, in or
within 100 feet of a wetland other than an exceptional value wetland, unless
for a processing facility other than a resource recovery facility storage and
processing will not occur within that distance or storage and processing take
place in an enclosed facility and one of the following is true:
(A) If the operation is in or along the
wetland, the operator has received a permit from the Department under Chapter
105 (relating to dam safety and waterway management).
(B) If the operation is not in or along the
wetland, no adverse hydrologic or water quality impacts will result.
(3)
Occupied
dwelling.
(i) For a processing
facility permit issued prior to December 23, 2000, or for an expansion of a
resource recovery facility or other processing facility that was permitted
prior to December 23, 2000, within 300 feet measured horizontally from an
occupied dwelling, unless the owner of the dwelling has provided a written
waiver consenting to the facility being closer than 300 feet. The waiver shall
be knowingly made and separate from a lease or deed unless the lease or deed
contains an explicit waiver from the owner. This siting limitation does not
apply to onsite infectious and chemotherapeutic waste incineration facilities
which are not commercial facilities.
(ii) For a processing facility permit issued
on or after December 23, 2000, within 300 yards measured horizontally from an
occupied dwelling, unless the owner of the dwelling has provided a written
waiver consenting to the facility being closer than 300 yards. The waiver shall
be knowingly made and separate from a lease or deed unless the lease or deed
contains an explicit waiver from the owner.
(4)
Perennial stream. Within
100 feet of a perennial stream unless the storage and processing will not occur
within that distance and no adverse hydrologic or water quality impacts will
result.
(5)
Property
line. Within 50 feet of a property line unless the operator
demonstrates one of the following:
(i) That
actual processing of waste is not occurring within 50 feet of a property
line.
(ii) That storage and
processing take place in an enclosed facility.
(iii) That the owner of the adjacent property
has provided a written waiver consenting to the facility being closer than 50
feet. The waiver shall be knowingly made and separate from a lease or deed
unless the lease or deed contains an explicit waiver from the owner.
(6)
School, park or
playground.
(i) For a resource
recovery facility permit issued on or after September 26, 1988, except an
expansion of a resource recovery facility permitted prior to September 26,
1988, within 300 yards of the following:
(A) A
building which is owned by a school district or school and used for
instructional purposes.
(B) A
park.
(C) A playground.
(ii) The current property owner of
a school building, park or playground may waive the 300-yard prohibition by
signing a written waiver. Upon receipt of the waiver, the Department will waive
the 300-yard prohibition and will not use the prohibition as the basis for the
denial of a new permit.
(b) Except as provided in subsection (c),
this section does not apply to a feature that may come into existence after the
date of the first newspaper notice under §
271.141 (relating to public notice
by applicant).
(c) This section
does not apply to a feature that may come into existence after the date of the
first newspaper notice under this subsection if the following apply:
(1) The person or municipality publishes a
notice of intent to file an application for a municipal waste processing
permit. The notice, which is separate from the newspaper notice required by
§ 271.141, shall be published once a week for 3 consecutive weeks in a
newspaper of general circulation in the area where the facility is proposed to
be located. The notice shall include a brief description of the location and
proposed operation of the facility.
(2) The person or municipality files an
administratively complete application under §
271.202 (relating to receipt of
application and completeness review) with the Department within 1 year from the
date of the first newspaper notice under this subsection.
Notes
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No prior version found.