Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 289 - RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › Subchapter D - ADDITIONAL REQUIREMENTS FOR CLASS I RESIDUAL WASTE DISPOSAL IMPOUNDMENTS › ADDITIONAL OPERATING REQUIREMENTS- GENERAL PROVISIONS › Section 289.422 - Areas where Class I residual waste disposal impoundments 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 I residual waste
						  disposal impoundments may not be operated:
(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 thick and
						  present at the topmost geologic unit. These areas include areas mapped by the
						  Pennsylvania Geological Survey as underlain by the formations, unless competent
						  geologic studies demonstrate the absence of 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 disposal
						  impoundment 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 disposal impoundment 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 from 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
						  disposal impoundment, 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 disposal impoundment 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 disposal impoundment 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 disposal, processing 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
						  feasible 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:
(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 impoundment 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 disposal impoundment permit issued
						  prior to January 13, 2001, for a noncaptive residual waste disposal impoundment
						  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.