Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 281 - COMPOSTING FACILITIES › Subchapter C - OPERATING REQUIREMENTS FOR GENERAL COMPOSTING FACILITIES › GENERAL PROVISIONS › Section 281.202 - Areas where general composting 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 general composting facility may not be operated as
						  follows:
(1)
Floodplain
. In
						  the 100-year floodplain of waters of this Commonwealth unless demonstrated that
						  the compost facility can be protected during flooding.
(2)
Wetland
.
(i) In or within 300 feet of an exceptional
						  value wetland, as defined in §
															105.17 (relating to
						  wetlands).
(ii) For a general
						  composting facility permitted on or after December 23, 2000, other than an
						  expansion of a general composting 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 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
. 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.
(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 impacts to the perennial
						  stream will result.
(ii) Storage
						  and processing take place in an enclosed facility 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 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)
Water source
. Within 1/4 mile upgradient and within 300 feet downgradient of a private or
						  public water source.
(7)
Water table
. In an area where the pad or vessel will be in
						  contact with the seasonal high water table or perched water table.
(8)
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.