Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 277 - CONSTRUCTION/DEMOLITION WASTE LANDFILLS › Subchapter C - OPERATING REQUIREMENTS › GENERAL PROVISIONS › Section 277.202 - Areas where construction/demolition waste landfills are prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
						  areas that were permitted as a construction/demolition waste landfill prior to
						  April 9, 1988, a construction/demolition waste landfill may not be operated as
						  follows:
(1)
Floodplain
. In
						  the 100-year floodplain of waters of this Commonwealth, unless the Department
						  approves in a permit an equivalent 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
						  construction/demolition waste landfill permitted on or after December 23, 2000,
						  other than an expansion of a construction/demolition waste landfill that was
						  permitted prior to December 23, 2000, in or within 100 feet of a wetland other
						  than an exceptional value wetland, unless storage, processing and disposal will
						  not occur within that distance 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)
Coal-existing facility
. For a construction/demolition waste
						  landfill permit issued prior to December 23, 2000, in coal bearing areas
						  underlain by recoverable or mineable coals, unless the operator of the facility
						  demonstrates and the Department finds, in writing, that the operator owns the
						  underlying coal, or has entered an agreement with the owner of the coal to
						  provide support.
(4)
Coal-expansion
. For an expansion of a construction/demolition
						  waste landfill permitted between April 9, 1988, and December 23, 2000, in coal
						  bearing areas underlain by recoverable or mineable coals, unless one of the
						  following is met:
(i) The applicant owns the
						  underlying coal.
(ii) The following
						  requirements are met:
(A) The applicant owned
						  or entered into an enforceable option contract to purchase the land on which
						  the expansion would operate on or before December 23, 2000, and still holds the
						  option rights, still owns the land or owns the land pursuant to the option
						  rights contract when the permit expansion is issued.
(B) Coal providing support for the expansion
						  area will not be mined as long as waste remains on the site, as demonstrated
						  under §
																277.120 (relating to mineral
						  deposits information).
(5)
Coal-new landfill
. For a
						  new construction/demolition waste landfill permitted on or after December 23,
						  2000, in coal bearing areas underlain by recoverable or mineable coal, unless
						  the permittee owns the underlying coal.
(6)
Valley, ravine or head of
						  hollow
. In a valley, ravine or head of hollow where the operation
						  would result in the elimination, pollution or destruction of a portion of a
						  perennial stream, except that rechanneling may be allowed as provided in
						  Chapter 105.
(7)
Limestone
						  or carbonate formation
. In areas underlain by limestone or carbonate
						  formations where the formations are greater than 5 feet in thickness and
						  present at the topmost geological unit. The areas include an area mapped by the
						  Pennsylvania Geological Survey as underlain by these formations, unless
						  competent geologic studies demonstrate the absence of limestone and carbonate
						  formations under the site.
(8)
Occupied dwelling-existing facility
. Except as provided in
						  paragraphs (9) and (10), a construction/demolition waste landfill may not be
						  operated within 300 feet measured horizontally from an occupied dwelling,
						  unless the current owner of the dwelling has provided a written waiver
						  consenting to the facility being closer than 300 feet. Except as provided in
						  paragraphs (9) and (10), the disposal area of a construction/demolition waste
						  landfill may not be within 500 feet measured horizontally from an occupied
						  dwelling, unless the current owner has provided a written waiver consenting to
						  the disposal area being closer than 500 feet. A waiver shall be knowingly made
						  and separate from a lease or deed unless the lease or deed contains an explicit
						  waiver from the current owner.
(9)
Occupied dwelling-expansion
. For a permitted
						  construction/demolition waste landfill that was operating and not closed as of
						  December 23, 2000, an expansion permitted on or after December 23, 2000, may
						  not be operated within 900 feet measured horizontally from an occupied
						  dwelling, unless one or both of the following conditions are met:
(i) The owner of the dwelling has provided a
						  written waiver consenting to the facility or disposal area being closer than
						  900 feet. A waiver shall be knowingly made and separate from a lease or deed
						  unless the lease or deed contains an explicit waiver from the owner.
(ii) The applicant owned or entered into an
						  enforceable option contract to purchase the land on which the expansion would
						  operate on or before December 23, 2000, and still holds the option rights,
						  still owns the land or owns the land pursuant to the option rights contract
						  when the permit expansion is issued. Even if the requirement of this
						  subparagraph is met, the expansion may not be operated within 300 feet measured
						  horizontally from an occupied dwelling and the disposal area may not be within
						  500 feet measured horizontally from an occupied dwelling.
(10)
Occupied dwelling-new
						  landfill
. A new construction/demolition waste landfill permitted on or
						  after December 23, 2000, may not be operated within 900 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 900
						  feet. A waiver shall be knowingly made and separate from a lease or deed unless
						  the lease or deed contains an explicit waiver from the owner. A closed landfill
						  that submits an application to reopen and expand shall also be subject to this
						  paragraph.
(11)
Occupied
						  dwelling-access road
. Notwithstanding the prohibitions in paragraphs
						  (9) and (10), an access road to a construction/demolition waste landfill may
						  not be operated within 300 feet measured horizontally from an occupied
						  dwelling, unless the owner of the dwelling has provided a written waiver
						  consenting to the access road being closer than 300 feet. A waiver shall be
						  knowingly made and separate from a lease or deed unless the lease or deed
						  contains an explicit waiver from the owner.
(12)
Perennial stream
.
						  Within 100 feet of a perennial stream, unless storage, processing and disposal
						  will not occur within that distance and no adverse hydrologic or water quality
						  impacts will result.
(13)
Property line
. Within 100 feet of a property line, unless one
						  of the following applies:
(i) Actual disposal
						  of waste will not occur within that distance.
(ii) The current owner has provided a written
						  waiver consenting to the facility being closer than 100 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 current owner.
(14)
Water source
. Within
						  1/4 mile upgradient, and within 300 feet downgradient, of a public or private
						  water source for disposal, processing and storage areas, except that the
						  Department may waive or modify these isolation distances if the operator
						  demonstrates and the Department finds, in writing, that the following
						  conditions have been met:
(i) The owners of
						  the public and private water sources in the isolation area have consented, in
						  writing, to the location of the proposed facility.
(ii) The operator and each water source owner
						  have agreed, in writing, that the applicant will construct and maintain at the
						  operator's expense a permanent alternative water supply of like quantity and
						  quality at no additional cost to the water source owner if the existing source
						  is adversely affected by the facility.
(iii) The applicant has demonstrated that a
						  replacement water source is technically and economically feasible and readily
						  available for every public or private water source in the isolation
						  area.
(15)
School, park or playground
.
(i) For a construction/demolition waste
						  landfill permit issued on or after December 23, 2000, other than an expansion
						  of a construction/demolition waste landfill that was permitted prior to
						  December 23, 2000, within 300 yards of:
(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, 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.
(16)
Obstruction.
For areas
						  permitted on or after December 23, 2000, in a manner in which any portion of
						  the landfill would be an obstruction to air navigation under
						  14 CFR
						  77.23(a)(5) (relating to
						  standards for determining obstructions).