Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 295 - COMPOSTING FACILITIES FOR RESIDUAL WASTE › Subchapter C - OPERATING REQUIREMENTS FOR COMPOSTING FACILITIES › GENERAL PROVISIONS › Section 295.202 - Areas where composting facilities are prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for areas that were permitted
						  prior to July 4, 1992, a composting facility may not be operated:
(1) In the 100-year floodplain of a water of
						  this Commonwealth unless demonstrated that the composting facility can be
						  protected during flooding.
(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 and processing will not
						  occur within that distance or storage and processing take place in an enclosed
						  facility, and one of the following applies:
(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) 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. 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.
(5) Within 100 feet of a perennial stream,
						  unless one of the following applies:
(i) The
						  storage and processing take place in an enclosed facility and no adverse
						  hydrologic or water quality impact will result.
(ii) Storage and processing that is not
						  enclosed will not occur within that distance and no adverse hydrologic or water
						  quality impacts will result.
(6) Within 50 feet of a property line unless
						  one of the following applies:
(i) The storage
						  and processing take place in an enclosed facility.
(ii) 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 a deed unless
						  the lease or deed contains an explicit waiver from the owner.
(iii) Actual storage and processing of waste
						  is not occurring within that distance.
(7) For processing, disposal and waste or
						  compost storage areas, within 1/4 mile upgradient and within 300 feet
						  downgradient of a private or public water source.
(8) In an area where the pad or vessel will
						  be in contact with the seasonal high water table or perched water
						  table.
(9) If a school, park or
						  playground is nearby, the following apply:
(i) Except for an expansion of a residual
						  waste composting permit issued prior to January 13, 2001, for a residual waste
						  composting 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.