Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 293 - TRANSFER FACILITIES FOR RESIDUAL WASTE › Subchapter C - OPERATING REQUIREMENTS FOR TRANSFER FACILITIES › GENERAL PROVISIONS › Section 293.202 - Areas where transfer 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 transfer facility may not be operated:
(1) In the 100-year floodplain of a water in
						  this Commonwealth, unless the Department approves in the permit a method of
						  protecting the facility from a 100-year flood consistent with the Flood Plain
						  Management Act (32 P.S. §§
															679.101-679.601) and the Dam Safety and
						  Encroachments Act (32 P. S. §§
															693.1-693.27).
(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 the storage
						  and processing take place in an enclosed facility and no adverse impacts to the
						  wetland will occur or storage and processing will not occur within that
						  distance 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 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 impacts will result.
(ii) The facility transfers waste to barges
						  at the transfer facility location.
(iii) 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) If a school, park or playground is
						  nearby, the following apply:
(i) Except for an
						  expansion of a residual waste transfer station permit issued prior to January
						  13, 2001, for a residual waste transfer station 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.