25 Pa. Code § 297.202 - Areas where incinerators and other processing facilities are prohibited
(a) Except for
areas that were permitted prior to July 4, 1992, residual waste processing
facilities subject to this chapter may not be operated:
(1) 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
Encroachments Act (32 P. S. §§
693.1-693.27).
(2) In or within 300 feet of an exceptional
value wetland.
(3) In or within 100
feet of a wetland other than an exceptional value wetland, unless storage and
processing will not occur within that distance or the storage and processing
take place in an enclosed facility and one of the following applies:
(i) The operation is in or along the wetland,
and the operator has received a permit from the Department under Chapter 105
(relating to dam safety and waterway management).
(ii) The operation is not in or along the
wetland, and no adverse hydrologic or water quality impacts will
result.
(4) Within 300
feet measured horizontally from an occupied dwelling, unless the owner thereof
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.
(5) Within 100 feet of a perennial stream,
unless one of the following applies:
(i) The
storage and processing take place in an enclosed facility and no adverse
hydrologic or water quality impacts will result.
(ii) Storage and processing that is not
enclosed will not occur within that distance and no adverse hydrologic or water
quality impacts will result.
(6) Within 50 feet of a property line unless
the operator demonstrates that actual processing of waste is not occurring
within that distance, storage and processing take place in an enclosed
facility, or that the owners of occupied dwellings within that distance have
provided written waivers 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.
(b) Except for areas that were permitted
prior to September 26, 1988, processing facilities that commercially treat
residual waste may not be operated within 300 yards of the following:
(1) A building which is owned by a school
district or parochial school and used for instructional purposes.
(2) A park.
(3) A playground.
(c) Except as provided in subsection (d),
this section does not apply to a feature that may come into existence after the
date of the first newspaper notice under §
287.151 (relating to public notice
by applicant).
(d) 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 residual waste processing permit.
The notice, which is separate from the newspaper notice required by §
287.151, 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 §
287.202 (relating to completeness
review) with the Department within 1 year from the date of the first newspaper
notice under this subsection.
(e) The Department may waive the isolation
distances in this section for areas that were included in the permit area of a
permit application that was determined by the Department to be administratively
complete before July 4, 1992.
Notes
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No prior version found.