Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 273 - MUNICIPAL WASTE LANDFILLS › Subchapter C - OPERATING REQUIREMENTS › GENERAL PROVISIONS › Section 273.202 - Areas where municipal waste landfills are prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsections (b) and
						  (c), a municipal waste landfill may not be operated as follows:
(1)
Floodplain
. In the
						  100-year floodplain of waters of this Commonwealth.
(2)
Wetland
.
(i) In or within 300 feet of an exceptional
						  value wetland as defined in §
															105.17 (relating to
						  wetlands).
(ii) For a new municipal
						  waste landfill permitted on or after 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 an area permitted as a municipal
						  waste landfill between April 9, 1988, and 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 municipal 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 §
																273.120 (relating to mineral
						  deposits information).
(5)
Coal-new landfill
. For a
						  new municipal waste landfill permitted on on 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 thick and present at the topmost
						  geologic unit. These areas include areas 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 municipal waste landfill or a permitted noncaptive (Class I) residual
						  waste landfill that was operating and not closed as of December 23, 2000, that
						  converts to a municipal 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 the landfill may not be within 500 feet measured horizontally
						  from an occupied dwelling unless the current owner of the dwelling 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 municipal waste landfill that was
						  operating and not closed as of December 23, 2000, or a permitted noncaptive
						  (Class I) residual waste landfill that was operating and not closed as of
						  December 23, 2000, that converts to a municipal waste landfill, 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 municipal 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 municipal 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
						  will not occur within 100 feet of a property line.
(ii) The current owner has provided a written
						  consent 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)
Airport-FAA certified
.
						  For areas permitted on or after April 9, 1988, and before January 25, 1997:
(i) Within 10,000 feet-or 3,048 meters-of a
						  runway that is or will be used by turbine-powered aircraft at a Federal
						  Aviation Administration (FAA) certified airport during the term of the
						  permit.
(ii) Within 5,000 feet-or
						  1,524 meters-of a runway that is or will be used by piston-type aircraft at an
						  FAA-certified airport during the life of disposal operations under the
						  permit.
(15)
Airport
. Except for areas that were permitted prior to January
						  25, 1997, a municipal waste landfill may not be operated as follows:
(i) Within 10,000 feet-or 3,048 meters-of an
						  airport runway that is or will be used by turbine-powered aircraft during the
						  life of disposal operations under the permit.
(ii) Within 5,000 feet-or 1,524 meters-of an
						  airport runway that is or will be used by piston-type aircraft during the life
						  of disposal operations under the permit.
(16)
Airport-navigable
						  airspace
. The following relate to airports:
(i)
Conical area
. For areas
						  permitted prior to December 23, 2000, within the conical area at 14 CFR Part 77
						  (relating to objects affecting navigable airspace) for runway flight paths that
						  are or will be used by turbine-powered or piston-type aircraft during the life
						  of disposal operations under the permit.
(ii)
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).
(17)
Water source
. Within
						  1/4-mile upgradient, and within 300 feet or 91.4 meters downgradient, of a
						  private or public 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.
(18)
School, park or playground.
(i) For a municipal waste landfill permit
						  issued on or after September 26, 1988, except an expansion of a municipal waste
						  landfill 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.