Current through Register Vol. 54, No. 44, November 2, 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.
(b) Except as provided in subsection (c),
this section does not apply to a feature 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 composting 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 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 facilites); and 25 Pa. Code
§
295.112 (relating to maps and
related information).
