Current through Register Vol. 54, No. 44, November 2, 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.
(b) Except as provided in subsection (c),
this section does not apply to features that may come into existence after the
date of the first newspaper notice under §
287.151 (relating to public notice
by applicant).
(c) This section
does not apply to features that may come into existence after the date of the
first newspaper notice under this subsection if the following apply:
(1) The person or municipality publishes a
notice of intent to file an application for a transfer facility permit. The
notice, which is separate from the newspaper notice required by § 287.151,
shall be published once a week for 3 consecutive weeks in a newspaper of
general circulation in the area where the facility is proposed to be located.
The notice shall include a brief description of the location and proposed
operation of the facility.
(2) The
person or municipality files an administratively complete application under
§
287.202 (relating to completeness
review) with the Department within 1 year from the date of the first newspaper
notice under this subsection.
(d) The Department may waive the isolation
distances in this section for areas that were included in the permit area of a
permit application that was determined by the Department to be administratively
complete before July 4, 1992.
This section cited in 25 Pa. Code §
287.111 (relating to notice by
impoundments and unpermitted processing or disposal facilities); and 25 Pa.
Code §
293.103 (relating to maps and
related information).
