Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter J - BENEFICIAL USE OF SEWAGE SLUDGE BY LAND APPLICATION › OPERATING REQUIREMENTS › Section 271.915 - Management practices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sewage
						  sludge may not be applied to the land if it is likely to adversely affect a
						  Federal or Pennsylvania threatened or endangered species, or its designated
						  critical habitat, listed under or pursuant to section 4 of the Endangered
						  Species Act (16 U.S.C.A.
						  §
														1533),
						  30 Pa.C.S. §
														2305
						  (relating to threatened and endangered species) or 34 Pa.C.S. (relating to game
						  and wildlife code).
(b) Sewage
						  sludge may not be applied to agricultural land, forest, a public contact site
						  or a reclamation site that is flooded, frozen or snow-covered, except as
						  expressly provided in a permit issued under Chapter 91, 92 or 105 (relating to
						  general provisions; National Pollutant Discharge Elimination System; and dam
						  safety and waterway management), as applicable.
(c) Sewage sludge may not be applied to
						  agricultural land, forest or a reclamation site that is:
(1) Within 100 feet (or 30.5 meters) or less
						  of a perennial stream or within 33 feet (or 10 meters) of an intermittent
						  stream.
(2) Within 100 feet (or
						  30.5 meters) of the edge of a sink hole.
(3) Within 300 feet (or 91 meters) from an
						  occupied dwelling unless the current owner there has provided a written waiver
						  consenting to activities closer than 300 feet (or 91 meters). 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. This paragraph does not
						  apply to features that may come into existence after the date upon which
						  adjacent landowner notification is given under Chapter 275 or §
														271.913(g) 
						  (relating to land application of sewage sludge; and general
						  requirements).
(4) In an area
						  without an implemented erosion and sedimentation control plan or a farm
						  conservation plan.
(5) Within 300
						  feet (or 91 meters) of a water source unless the current owner has provided a
						  written waiver consenting to the activities closer than 300 feet (or 91
						  meters). This paragraph does not apply to features that may come into existence
						  after the date upon which adjacent landowner notification is given under
						  Chapter 275 or § 271.913(g).
(6) Within 100 feet (or 30.5 meters) of an
						  exceptional value wetland, as defined in §
														105.17 (relating to
						  wetlands).
(7) Within 11 inches (or
						  28 centimeters) of the seasonal high water table, nor within 3.3 feet (or 1
						  meter) of the regional groundwater table. For purposes of this section, the
						  depths to seasonal high water table and to regional groundwater table shall be
						  based on the most recent soil mapping as published by the United States
						  Department of Agriculture (USDA) Natural Resources Conservation Service, or
						  more detailed mapping data as mapped by an expert in soil science using
						  standard and acceptable mapping procedures as developed by the USDA Natural
						  Resources Conservation Service.