reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.27 - Departmental response to significant comments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the close of the public comment
						period, the Department will consider all significant comments, criticisms and
						new data received during that period, including those made at the public
						hearing, and will respond in a response document. The response document will be
						incorporated into the administrative record after the close of the public
						comment period.
(b) The Department
						will use the following criteria for preparation of responses to significant
						comments, criticisms and new data received during the comment period:
(1) Comments, criticisms and new data will be
						considered significant if they provide a reasonable basis for concluding that
						the determinations of the Department might be altered.
(2) The Department may group comments,
						criticisms or new data if similar and may respond to the groupings in a single
						statement.
(3) If significant
						comments, criticisms or new data are already addressed in the administrative
						record, the Department's response may simply reference the appropriate part of
						the record.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › CLOSING AND REOPENING THE RECORD › Section 3.31 - Decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the close
						of the comment period, and consideration of all significant comments,
						criticisms and new data received during that period, the Department will select
						a response and file a statement of decision. The statement of decision will
						contain the following:
(1) The findings of
						fact pertaining to the response.
(2) An analysis of the response
						selected.
(3) The reasons and basis
						for the response selected.
(4) An
						analysis of the alternative responses considered.
(5) An explanation of major changes in the
						selected response from the proposed response contained in the notice.
(6) A copy of the Department's response to
						significant comments, criticisms and new data received during the comment
						period, as specified in §
													3.27 (relating to Departmental
						response to significant comments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › CLOSING AND REOPENING THE RECORD › Section 3.32 - Closing the record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						administrative record will be closed, except as provided in subsection (b),
						after the Department has responded to significant comments, criticisms and new
						data received during the comment period and has filed a statement of decision
						pertaining to the response.
(b) The
						administrative record may only be reopened for one or more of the following
						reasons:
(1) The Department obtains
						information during implementation of the response action which it determines to
						be of central relevance to the selected response.
(2) A person raising an objection to the
						response may demonstrate to the Department that it was impracticable to raise
						the objection during the comment period or that the grounds for the objection
						arose after the public comment period.
(3) The Department chooses to document its
						response costs.
(4) The case is
						remanded to the Department under section 508 of the Hazardous Sites Cleanup Act
						(35
						P. S. §
														6020.508).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › CLOSING AND REOPENING THE RECORD › Section 3.33 - Reopening the record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will provide notice of reopening of the record, indicating the
						purpose, and providing the time and place for submission of written
						comments.
(b) The Department will
						publish notification of the beginning of the comment period in the
Pennsylvania Bulletin
. The comment period will extend for 60
						calendar days from the date of publication. Comment periods expiring on a
						weekend or State holiday will extend to the first business day
						thereafter.
(c) The Department may
						hold a public hearing at its discretion or if a written request is received
						within 30 calendar days of publication of the notice of reopening.
(d) Additional information, written or oral
						comments, and the Department's response to significant comments received during
						the comment period provided by subsection (b) will be added to the
						administrative record and noted in the administrative record docket.
(e) The administrative record will be closed
						upon filing of the Department's response to significant comments received
						during the public comment period.
This section cited in 25 Pa. Code §
														3.24 (relating to public comment
							 on the response).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter A - ENVIRONMENTAL POLICY PLANNING PROGRAM › Section 9.1 - Background

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Commonwealth needs a plan to address the diverse resource and environmental
						problems of this Commonwealth, the limitations of past environmental protection
						strategies, the complex environmental problems associated with the emerging
						character of the Commonwealth constitutional responsibility for the protection
						and preservation of environmental values. The legislature passed the act of
						December 3, 1970 (P. L. 834, No. 275) establishing a mandate for action through
						the development of an Environmental Master Plan for this
						Commonwealth.
(b) In response to
						the various needs for action, the legislative mandate to "prepare a master
						environmental plan" suggests that a more comprehensive approach toward
						environmental protection based on a better understanding of the environment and
						human relationships to the environment is needed. A broad approach is necessary
						because traditional programs for environmental protection have been inadequate
						for the following reasons:
(1) Narrow program
						concerns provide solutions which may cause problems in other areas of the
						environment.
(2) Interrelated
						character of the environment makes it impossible to impact only a single part
						of the total system.
(3) Incomplete
						knowledge about the complex workings of the environment increases the potential
						for unintended or irreversible consequences.
(4) Preoccupation with short term goals and
						satisfaction of continually growing demands precludes an analysis of the long
						term impacts of current activities on a limited resource
						base.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter A - ENVIRONMENTAL POLICY PLANNING PROGRAM › Section 9.2 - The environmental ethic-principles to guide the Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The development of an ecologically
						sensitive philosophy provides a means for incorporating a broader understanding
						of the natural environment and man's relationships to the natural environment
						into "a master environmental plan." Incorporating an understanding of and a
						respect for ecologic values into the existing social structure requires a
						rethinking of traditional man-environment relationships. There must be an
						attempt to challenge and change those attitudes which do not reflect an overall
						sensitivity for the environment. Traditional attitudes related to the
						environment can be characterized by the following statements:
(1) Growth is good.
(2) Technology can solve any
						problem.
(3) Economics is a higher
						concern than environmental protection.
(4) Maintaining a natural environment is not
						a productive use of the land.
(5)
						Lessening population growth eliminates resource consumption problems.
(6) Nature can be protected by setting aside
						small areas of the environment.
(7)
						The knowledge and superiority of man places him above the laws of
						nature.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter A - ENVIRONMENTAL POLICY PLANNING PROGRAM › Section 9.3 - Environmental Master Planning Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The environmental ethic is based upon
						principles which reflect an overall sensitivity for the environment. The
						Environmental Master Plan may therefore be reviewed simply as a program to
						translate the ethic into attitudes and lifestyles which encourage an
						understanding and respect for the natural environment.
(b) The development of environmental goals by
						working committees of Commonwealth citizens was the initial step of the Master
						Planning Program. The goals provide a broad overview of the type of environment
						desired by the citizens of the state. After extensive public review, the goals
						were adopted by the Pennsylvania Environmental Quality Board in February 1974
						as part of their legislative mandate to develop the Environmental Master Plan.
						The general concern of the goal statements is incorporated within the following
						Overall Environmental Goal of the Commonwealth:
(1) To Protect the Natural Processes and
						Ecological Relationships of Man's Life-Support System, and Manage Our
						Activities to Preserve Natural, Scenic, and Aesthetic Values of the Environment
						While Meeting Society's Needs.
(2)
						The Environmental Master Planning Program will be the mechanism for directing
						and coordinating Commonwealth actions to attain the Commonwealth's
						environmental goals.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICY FOR PRIME FARMLANDS › Section 9.111 - Prime farmlands

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prime
						  farmlands are a contributing factor to the quality of the environment of the
						  Commonwealth. Because of their location, distribution and environmental
						  significance, prime farmlands are of statewide importance. The primary
						  environmental policy concern is the protection of values associated with these
						  farmlands.
(b) It shall be the
						  environmental policy of the Commonwealth to protect and preserve the productive
						  capability, resource potential, ecologic significance and aesthetic and open
						  space values of the prime farmlands of the Commonwealth.
(c) The productive farmlands of the
						  Commonwealth are being converted to nonagricultural land uses daily. Increasing
						  urban land use pressures and decreasing agricultural profitability are major
						  factors contributing to the conversion of agricultural lands especially near
						  urban centers. A broad based agricultural development program is necessary to
						  prevent the future loss of the farmlands of the Commonwealth. An important part
						  of this program will be environmental policies directed to the protection of
						  the valuable prime agricultural soil resources of the Commonwealth. The concern
						  for these resources will be translated through policies which will strengthen
						  the agricultural economy and encourage farming in areas having prime farmlands.
						  The following policies provide the basis for the protection of these prime
						  farmlands.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICY FOR PRIME FARMLANDS › Section 9.112 - Agro-base areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Agricultural trends across the Commonwealth and nation suggest that prime
						  farmlands cannot remain in agricultural use without regard for maintaining
						  viable agricultural based communities. There are many areas within the
						  Commonwealth where agricultural based communities could remain competitive over
						  the long haul while protecting the productive capacity of the land. More
						  effective long-term preservation of many prime farmlands may be accomplished by
						  encouraging economically competitive agro-base areas.
(b) It shall be the environmental policy of
						  the Commonwealth to protect the prime farmlands of the Commonwealth by
						  promoting and supporting a favorable social and economic climate which will
						  strengthen the viability of agricultural communities throughout the
						  Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICY FOR PRIME FARMLANDS › Section 9.113 - Public investments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  provision of public services and capital expenditures into areas with prime
						  farmlands tends to encourage the conversion of land to more profitable
						  nonagricultural uses. In active agricultural areas special care shall be taken
						  to ensure that public investments will not destroy the environmental values of
						  these lands.
(b) It shall be the
						  environmental policy of the Commonwealth to encourage only the extension of
						  public services and facilities which are compatible with the maintenance of
						  economically viable agricultural areas and to protect areas where prime
						  farmlands are being retained as open space in accordance with land use
						  plans.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICY FOR PRIME FARMLANDS › Section 9.114 - Land policy planning and coordination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Evidence gathered in the Commonwealth
						  suggests that local governments cannot preserve prime farmlands by themselves.
						  Land use controls, public acquisition and preferential tax programs to protect
						  agricultural lands shall be in support of environmentally sensitive land policy
						  planning at all levels of governments. Frequently conflicting objectives of
						  transportation, housing, sewer and recreation plans at the State, regional and
						  local level indicate the need for a strong land policy framework to coordinate
						  efforts to protect prime farmlands.
(b) It shall be the environmental policy of
						  the Commonwealth to develop an environmentally sensitive land policy planning
						  program which protects the environmental values of the prime farmlands of the
						  Commonwealth and coordinates activities at the State, regional and local level
						  related to the use of these lands.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICY FOR PRIME FARMLANDS › Section 9.115 - Wastewater renovation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
						  metropolitan areas of the Commonwealth, large quantities of wastewater are
						  generated which require expensive treatment and add pollutants to nearby
						  streams. The national no-discharge goal of the Federal Water Pollution Act
						  (33 U.S.C.A. §§
														1251-1376), is placing increased
						  burdens on municipalities to seek other wastewater treatment alternatives. In
						  many portions of the Commonwealth, extensive prime farmlands exist in close
						  proximity to urban areas providing the potential for the land application of
						  wastewater. This use of the land can serve to protect these lands and also
						  renovate wastewater, enhance agricultural production, and recharge groundwater
						  tables.
(b) It shall be the
						  environmental policy of the Commonwealth to encourage wastewater renovation
						  practices which utilize the natural filtration capabilities and enhance the
						  productive potential of the prime farmlands of the Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICY FOR PRIME FARMLANDS › Section 9.116 - Farmlands of regional importance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Throughout many regions of the
						  Commonwealth, productive agricultural lands exist in areas not defined as prime
						  farmlands. The environmental values characteristic of prime farmlands may also
						  be associated with other agricultural lands. In addition, the same techniques
						  recommended for the protection of prime farmlands may be applied to other
						  farmlands having regional agricultural importance.
(b) It shall be the environmental policy of
						  the Commonwealth to encourage and support regional and local programs which
						  identify and protect lands having regional importance for
						  agriculture.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH QUALITY STREAMS › Section 9.121 - Watersheds with high quality streams

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Many environmental values associated with
						  watersheds with high quality streams are of Statewide importance. Since many of
						  these watersheds cover large contiguous areas, they also are ecologically
						  important for maintaining the relatively undisturbed character of natural
						  systems.
(b) As a result,
						  watersheds with high quality streams contain many of the unique, rare, and
						  fragile resources of the Commonwealth and are important to Statewide
						  environmental quality. Protection of these resources and maintenance of
						  ecologic relationships is the major environmental policy concern in watersheds
						  with high quality streams.
(c) It
						  shall be the environmental policy of the Commonwealth to protect and maintain
						  the aesthetic, ecological, natural, recreational, wild and other environmental
						  values of watersheds with high quality streams.
(d) The protection of these values will
						  require action in several important areas. The following policies address
						  specific environmental issues and provide the basis for protecting water
						  quality and other associated values of watersheds with high quality
						  streams.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH QUALITY STREAMS › Section 9.122 - Stream identification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The existing conservation area use designation within the water quality
						  management program of the Commonwealth has had limited success in protecting
						  the high quality streams of the Commonwealth due to the lack of a firm basis
						  for the identification of these streams. A major component in any effort to
						  protect watersheds with high quality streams is a sound program to identify and
						  delineate high quality streams.
(b)
						  It shall be the environmental policy of the Commonwealth to develop criteria
						  and adopt standards to identify the high quality streams of the
						  Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH QUALITY STREAMS › Section 9.123 - Antidegradation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The highest
						  quality streams of the Commonwealth are unique and ecologically valuable
						  resources. The natural characteristics of watersheds which maintain high
						  quality streams are frequently vulnerable to development activities which may
						  disrupt ecological relationships resulting in the degradation of water
						  quality.
(b) It shall be the
						  environmental policy of the Commonwealth to protect the high quality streams of
						  the Commonwealth by discouraging land use and development activities that
						  degrade or threaten to degrade water quality.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH QUALITY STREAMS › Section 9.124 - Environmentally sensitive watersheds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to possessing exceptional
						  water quality, watersheds with high quality streams may also have other
						  outstanding environmental values related to hydrology, topography, geology,
						  vegetation, wildlife or the general undeveloped character of the watershed. In
						  many instances, the wild, scenic, natural, scientific, or educational values of
						  the watershed may far outweigh the water quality concern. These values may also
						  exist in watersheds with less than high quality streams. Since many of these
						  values are also of Statewide importance, the Commonwealth should develop a
						  broader protection program for environmentally sensitive watersheds.
(b) It shall be the environmental policy of
						  the Commonwealth to protect watersheds having Statewide environmental values
						  which may be rare, unique, fragile, or threatened and restore and maintain high
						  quality streams within these watersheds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH QUALITY STREAMS › Section 9.125 - Commonwealth land policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  watersheds with high quality streams the protection of stream quality and other
						  environmental values goes beyond a concern for the immediate stream.
						  Consideration must be given to the environmental impacts of land use
						  development activities throughout the watershed. In many instances, existing
						  growth and development patterns and the siting of large scale facilities is
						  directly attributable to Commonwealth action. Urbanization, highway
						  development, resource extraction and energy production complexes have the
						  potential to degrade environmental values of watersheds with high quality
						  streams, unless existing programs that shape future Commonwealth development
						  provide for the protection of these watersheds. A coordinated Commonwealth land
						  policy program is necessary to protect watersheds with high quality streams
						  from future degradation.
(b) It
						  shall be the environmental policy of the Commonwealth to encourage future
						  growth and development patterns ensuring the protection of watersheds with high
						  quality streams and discourage those land use activities which may degrade the
						  environmental values of these watersheds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH QUALITY STREAMS › Section 9.126 - Local and regional planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Actions at the Commonwealth level are not
						  able to provide fully for the protection of watersheds with high quality
						  streams. The power to control land use directly is mainly in the hands of local
						  governments. With proper guidance and assistance from the Commonwealth,
						  regional, county and municipal governments can reflect the concern for
						  protecting watersheds with high quality streams and enhance local environmental
						  quality within municipal planning and regulatory programs.
(b) It shall be the environmental policy of
						  the Commonwealth to encourage and support regional, county, and municipal
						  planning efforts to protect watersheds with high quality streams.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR FLOODPLAINS › Section 9.131 - Floodplains

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Because
						  floodplain resources are of significant importance to man and are vital for
						  maintaining the floodplain ecosystem, the primary environmental policy concern
						  is the protection of floodplain resource values.
(b) It shall be the environmental policy of
						  the Commonwealth to recognize the ecologic and hyrologic importance of
						  floodplain ecosystems and protect the groundwater, wildlife, vegetation, soil
						  and other resource values of the floodplain.
(c) The protection of floodplain values
						  necessitates a reevaluation of past approaches to floodplain management. Past
						  strategies dealing with floodplain management have focused primarily on
						  socioeconomic impacts of flooding with little concern for the environmental
						  significance of floodplains. The following policies are directed toward the
						  protection of environmental values and human health through the development of
						  new strategies sensitive to environmental concerns.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR FLOODPLAINS › Section 9.132 - Developed floodplains

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  variety of approaches are necessary to solve problems related to existing and
						  future floodplain development. It would be economically unfeasible to relocate
						  all existing floodplain development in the Commonwealth. However, the
						  Commonwealth should take action to protect life and property and, when
						  possible, restore the less intensively developed character of the floodplain
						  environment.
(b) It shall be the
						  environmental policy of the Commonwealth to minimize damage to life and
						  property, protect the environment from any release of toxic substances during
						  flooding, and encourage compatible use of the floodplain environment throughout
						  the Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR FLOODPLAINS › Section 9.133 - Undeveloped floodplains

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  undeveloped floodplains, programs should not attempt to exclude all types of
						  land uses and development but to encourage those uses which will minimize flood
						  damages, flood frequencies and magnitudes, and prevent the destruction of the
						  floodplain environment. Defining appropriate uses should be based upon the
						  environmental opportunities and constraints of the floodplain.
(b) It shall be the environmental policy of
						  the Commonwealth to protect environmental values of undeveloped floodplains by
						  discouraging any floodplain development which may degrade the floodplain
						  environment, increase the potential for flood damages, or contribute to
						  increased flood flows.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR FLOODPLAINS › Section 9.134 - Watershed planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Since
						  the impact of flooding and urban development transcends municipal and
						  floodplain boundaries, all lands within the watershed should be managed to
						  minimize flood damages, flood potential and destruction of the environmental
						  resources of the floodplain. The inability of floodprone municipalities to
						  control activities of other municipalities, either upstream or in other areas
						  throughout the watershed, requires a broader approach than a traditional
						  floodplain management program.
(b)
						  It shall be the environmental policy of the Commonwealth to encourage more
						  comprehensive watershed planning to prevent runoff caused by existing or future
						  watershed development from increasing flooding potential or flood damages
						  within the floodplain.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR FLOODPLAINS › Section 9.135 - Coordination of programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Many
						  Commonwealth and Federal programs may either directly or indirectly stimulate
						  development on floodplains. Programs related to planning, regulation,
						  investments, public facilities construction, and technical assistance provide
						  opportunities to protect the floodplain environment.
(b) It shall be the environmental policy of
						  the Commonwealth to protect the environmental values of floodplains by
						  coordinating existing programs to guide future patterns of urbanization away
						  from floodplains and prevent floodplain development not compatible with the
						  protection of these environmental values.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR COAL RESOURCES › Section 9.141 - Coal resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Because of the geographic extent of the coal reserves of the Commonwealth,
						  increasing demands, and the potential for environmental degradation, areas with
						  coal reserves are of Statewide importance. While recognizing recent
						  Commonwealth proposals to encourage the production of coal, the overriding
						  environmental concern is the need both to protect environmental values and
						  reclaim degraded areas.
(b) It
						  shall be the environmental policy of the Commonwealth to encourage the
						  protection of ecologic, scenic, aesthetic, recreational and other natural
						  resource values in areas with extractable coal reserves while supporting the
						  preestablished Commonwealth policy of promoting coal production and to restore
						  and reclaim those areas degraded by previous mining activities.
(c) The protection of environmental values
						  will become more difficult as coal mining increases throughout the
						  Commonwealth. To protect the environment throughout the coal mining process, it
						  is essential that this Commonwealth develop policies for the wise management of
						  the Commonwealth coal resources. The following policies provide for an
						  environmentally sound course of action.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR COAL RESOURCES › Section 9.142 - Historic degradation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  historic legacy of previous coal mining activities in the Commonwealth is one
						  of destruction and devastation. The cost to reclaim the total damage to the
						  environment is not known. Estimates to eliminate the major problems indicate
						  over several billion dollars will be necessary. Although this burden will also
						  be carried by future generations, the renewed interest in coal may provide new
						  opportunities to undertake a larger reclamation program.
(b) It shall be the environmental policy of
						  the Commonwealth to encourage strongly additional Federal, State and private
						  activities directed to the abatement of environmental pollution and the
						  restoration of the environment in any areas degraded by previous coal mining
						  activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR COAL RESOURCES › Section 9.143 - Regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The only
						  redeeming value of the previous degradation from coal mining is that it serves
						  as a continuous warning of the necessity for a strong regulatory program.
						  Although conformance with existing regulations will preclude the major problems
						  of the past, the regulatory structure is effective only to the extent that it
						  is enforceable. This is becoming a more serious concern especially with the
						  dramatic increase in coal mining activity and budgetary constraints imposed
						  upon regulatory agencies.
(b) It
						  shall be the environmental policy of the Commonwealth to ensure complete
						  conformance with existing coal mining regulations by strengthening existing
						  programs to provide compliance throughout the entire coal extraction and
						  reclamation process.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR COAL RESOURCES › Section 9.144 - Guiding future mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There are
						  many areas with coal reserves which also have environmental values of Statewide
						  importance. These areas may have streams exhibiting high quality or low
						  fertility, wild or natural characteristics, outstanding scenic beauty, or other
						  unique ecologic values which may be important to the overall environmental
						  quality of the area. In many of these areas particular environmental values or
						  associations of environmental values are highly vulnerable to degradation
						  throughout the coal extraction process. In these areas, the stringent
						  enforcement of existing regulations may not protect the overall environmental
						  quality of the area.
(b) It shall
						  be the environmental policy of the Commonwealth to protect unique and fragile
						  ecologic values and outstanding natural resources in areas with extractable
						  coal reserves by guiding future mining activities into those locations which
						  may be adequately protected through the existing regulatory process or by
						  adopting special protection measures in sensitive areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR COAL RESOURCES › Section 9.145 - Land and energy planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  National and State energy demands will create increased pressures for the
						  extraction of coal throughout the Commonwealth. It will become increasingly
						  difficult to protect ecologically valuable areas if energy policies support
						  uncontrolled growth and development and continually create the demand for more
						  energy. Although it is essential that effective energy solutions be developed
						  at the national level, the Commonwealth may develop a more rational ap- proach
						  to energy resource management through environmentally sensitive land policy
						  planning.
(b) It shall be the
						  environmental policy of the Commonwealth to develop coordinated land and energy
						  planning programs which protect the environmental quality of the Commonwealth
						  and encourage energy conservation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH LIMITED WATER SUPPLY › Section 9.151 - Areas with limited water supply

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Adequate supplies of water are necessary
						  for a wide range of water uses, including instream uses which sustain aquatic
						  ecosystems. Degradation of environmental values associated with the streams of
						  the Commonwealth is of particular concern during periods of low flow.
						  Commonwealth policy to protect environment values in areas with limited water
						  supply is of primary importance.
(b) It shall be the environmental policy of
						  the Commonwealth to protect the natural instream uses and associated
						  environmental values of streams from conditions increasing the occurrence and
						  severity of natural low flows.
(c)
						  The degradation of these values and the problems that exist in areas with
						  limited water supply cannot be resolved until the issues are confronted and
						  changes in present policy occur. The following policies address those issues of
						  immediate concern.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH LIMITED WATER SUPPLY › Section 9.152 - Regulatory action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
						  absence of a strong regulatory framework to protect minimum stream flows, water
						  supply demands from intake users may preempt instream uses and disrupt the
						  maintenance of vital ecologic and hydrologic processes.
(b) It shall be the environmental policy of
						  the Commonwealth to protect natural instream uses during periods of reduced
						  stream flows by adopting laws and regulations to establish and enforce
						  Statewide minimum flow standards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH LIMITED WATER SUPPLY › Section 9.153 - Interbasin transfers and structural alternatives

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The use of interbasin transfers and
						  construction of impoundments has frequently been utilized to supplement water
						  supplies for intake users in water supply limited areas. In many instances
						  these mechanisms may encourage or stimulate more growth and development than
						  originally designed to support and consequently result in a demand for further
						  water resource development. This frequently creates the need for more
						  impoundments or interbasin transfers.
(b) It shall be the environmental policy of
						  the Commonwealth to require the adoption of land and water resource plans and
						  adequate development controls in an area before approving the use of
						  impoundments and interbasin transfers.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH LIMITED WATER SUPPLY › Section 9.154 - Groundwater resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  many areas with limited water supply, groundwater is the main source of water
						  supply. Excessive withdrawals may lead to groundwater mining and loss of
						  surface flows. In addition, uncontrolled land use and development may cause
						  pollution and create impervious cover preventing groundwater
						  recharge.
(b) It shall be the
						  environmental policy of the Commonwealth to protect and conserve groundwater
						  resources by preventing pollution, protecting critical recharge areas, and
						  discouraging overuse.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH LIMITED WATER SUPPLY › Section 9.155 - Land and water resource planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In areas with limited water supply, the
						  constraints of the water resource base are evident. Uncontrolled growth and
						  development in these areas will only create unnecessary economic, social and
						  environmental problems. In the past there has been little concern given to the
						  interrelationship of land use planning and water resource planning and the
						  impact of one on the other. An integrated approach to solving the environmental
						  problems in areas with limited water supply is needed.
(b) It shall be the environmental policy of
						  the Commonwealth to protect and conserve ground and surface water resources and
						  natural instream water uses through environmentally sensitive land and water
						  planning which respects the natural hydrologic character of
						  watersheds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS › Section 9.161 - Clean air resource areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Humans cannot afford to chance that the long term effects of air pollu- tion
						  now suspected, but not proven, will not occur. It is essential that steps be
						  taken to preserve reservoirs of clean air which can provide for future dilution
						  of air pollutants and maintenance of natural systems on a global scale. For
						  these reasons, protection of existing clean air resources is of significant
						  environmental concern.
(b) It shall
						  be the environmental policy of the Commonwealth to preserve and protect the
						  clean air resource areas of the Commonwealth to ensure the maintenance of
						  ecosystems, high quality human health and welfare, and the long term survival
						  of society.
(c) Protecting clean
						  air resource areas is a distinctly different problem from those usually faced
						  in the regulation of air quality. This Commonwealth presently regards the major
						  problems of air quality control as first, bringing existing sources into
						  compliance with standards; and second, preventing new sources from exceeding
						  standards.
(d) The program of the
						  Commonwealth is designed to deal with the immediate, urgent need to clean up
						  serious air pollution problems of urban areas. The next step is to develop a
						  program to protect the clean air resource areas of the Commonwealth. The
						  following policies provide a basis for this protection.