Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 279 - TRANSFER FACILITIES › Subchapter C - OPERATING REQUIREMENTS FOR TRANSFER FACILITIES › GENERAL PROVISIONS › Section 279.202 - Areas where transfer facilities are prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for areas that were permitted
						  prior to April 9, 1988, a transfer facility may not be operated as follows:
(1)
Floodplain
. In the
						  100-year floodplain of waters in 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)
Wetland
.
(i) In or within 300 feet of an exceptional
						  value wetland, as defined in §
															105.17 (relating to
						  wetlands).
(ii) For a transfer
						  facility permitted on or after December 23, 2000, other than an expansion of a
						  transfer facility that was permitted prior to December 23, 2000, 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 storage and processing
						  take place in an enclosed facility and one of the following applies:
(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
. Within 300 feet measured horizontally from
						  an occupied dwelling, unless the owner 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.
(4)
Perennial stream
. Within 100 feet of a perennial stream,
						  unless one of the following applies:
(i)
						  Storage and processing will not occur within 100 feet of a perennial stream and
						  no adverse hydrologic or water quality impacts will result.
(ii) Storage and processing take place in an
						  enclosed facility and no adverse impacts to the perennial stream will
						  result.
(iii) The facility
						  transfers containerized waste to barges at the transfer facility
						  location.
(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 ocurring
						  within 50 feet of a property line 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 municipal
						  waste transfer facility permit issued on or after December 23, 2000, except an
						  expansion of a municipal waste transfer facility permitted prior to December
						  23, 2000, 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.