Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 288 - RESIDUAL WASTE LANDFILLS › Subchapter E - ADDITIONAL REQUIREMENTS FOR CLASS II RESIDUAL WASTE LANDFILLS › ADDITIONAL OPERATING REQUIREMENTS-GENERAL › Section 288.522 - Areas where Class II residual waste landfills are prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
						  areas that were permitted prior to July 4, 1992, Class II residual waste
						  landfills may not be operated as follows:
(1)
						  In the 100-year floodplain of waters of this Commonwealth.
(2) In or within 300 feet of an exceptional
						  value wetland.
(3) 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 is true:
(i) 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).
(ii) If the operation is not in or along the
						  wetland, no adverse hydrologic or water quality impacts will result.
(4) In coal bearing areas
						  underlain by recoverable or mineable coals unless the permittee owns the
						  underlying coal.
(5) 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.
(6) In areas underlain by limestone or
						  carbonate formations where the formations are greater than 5 feet in thickness
						  and present at the topmost geologic unit. The areas include areas mapped by the
						  Pennsylvania Geological Survey as underlain by these formations, unless
						  competent geologic studies demonstrate the absence of sinkhole development and
						  sinkhole-prone limestone and carbonate formations.
(7) If occupied dwellings are nearby, the
						  following apply:
(i) Except as provided in
						  subparagraphs (ii) and (iii), a residual waste landfill may not be operated
						  within 300 feet measured horizontally from an occupied dwelling, unless the
						  owner thereof has provided a written waiver consenting to the facility being
						  closer than 300 feet. Except as provided in subparagraphs (ii) and (iii), the
						  disposal area of a residual waste landfill may not be within 500 feet measured
						  horizontally from an occupied dwelling, unless the owner thereof 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 owner.
(ii) For a permitted noncaptive residual
						  waste landfill that was operating and not closed as of January 13, 2001, an
						  expansion permitted on or after January 13, 2001, may not be operated within
						  900 feet measured horizontally from an occupied dwelling, unless one or both of
						  the following conditions are met:
(A) 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 form the owner.
(B) The
						  applicant owned or entered into an enforceable option contract to purchase the
						  land on which the expansion would operate on or before January 13, 2001, 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.
(iii) A new,
						  noncaptive residual waste landfill, permitted on or after January 13, 2001, 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, noncaptive landfill that
						  submits an application to reopen and expand shall also be subject to this
						  paragraph.
(iv) Notwithstanding the
						  prohibitions in subparagraphs (ii) and (iii), an access road to a residual
						  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.
(8) 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.
(9) Within 100 feet of a property line,
						  unless one of the following applies:
(i)
						  Actual disposal will not occur within that distance.
(ii) The 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 owner.
(10) For processing, disposal and storage
						  areas, within 1/4-mile upgradient, and within 300 feet downgradient, of a
						  private or public water source, 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
						  reasonible and readily available for every public or private water source in
						  the isolation area.
(11)
						  If the facility receives or proposes to receive putrescible waste 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.
(iii) For areas permitted on or after January
						  13, 2001, 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).
(12) If a school, park or playground is
						  nearby, the following apply:
(i) Except for an
						  expansion of a noncaptive residual waste landfill permit issued prior to
						  January 13, 2001, for a noncaptive residual waste landfill permit issued on or
						  after January 13, 2001, 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.