Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 283 - RESOURCE RECOVERY AND OTHER PROCESSING FACILITIES › Subchapter C - OPERATING REQUIREMENTS › GENERAL PROVISIONS › Section 283.202 - Areas where resource recovery facilities and other processing 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 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.