Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article VII - Hazardous Waste Management
Chapter 269a - SITING
Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES
PHASE I EXCLUSIONARY CRITERIA
Section 269a.21 - Water supply
Universal Citation: 25 PA Code ยง 269a.21
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Landfill, land treatment and surface impoundment facilities may not be sited in the following locations:
(1) Within 1/2 mile of a
well or spring used for a community water supply.
(2) Within 1/2 mile of either side of a
stream or impoundment for a distance of 5 stream miles upstream of a surface
water intake for a community water supply.
(3) Within 1/2 mile of an offsite private or
noncommunity public well or spring used as an active water supply, unless prior
to operation of the facility the applicant demonstrates the availability of an
acceptable permanent alternative supply of like quantity, yield and quality to
the existing supply, and provides financial assurance that the alternate supply
will be made available at no additional cost to the water supply owner for a
period of time that shall be no less than the bond liability period established
in section 505(a) of the SWMA (35 P. S. §
6018.505(a)). If a permit is
granted, it shall include a permit condition which requires installation of the
alternative water supply prior to operation of the facility.
(b) A permanent alternative supply may be provided through the development of a new well with a distribution system, interconnection with a public water supply, extension of a private water supply or similar proposals, but it may not include provision of bottled water or a water tank supplied by a bulk water hauling system.
(1) The applicant shall demonstrate good
faith efforts to reach agreement with the water supply owner regarding the
provision of an acceptable permanent alternative water supply.
(2) If the applicant is unable, despite good
faith efforts, to reach agreement with the water supply owner, the applicant
shall demonstrate to the Department that an acceptable permanent alternative
water supply is available, has been offered and will be provided to the water
supply owner.
(3) The Department
will determine that an alternative permanent water supply is acceptable if the
quality and quantity satisfy requirements for public water supplies under the
Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1-721.17) and Chapter 109 (relating to
safe drinking water). The Department may require the alternative water supply
to provide higher quality, quantity or yield of water than that required to be
delivered by public water systems if the water supply owner demonstrates that
the higher quality, quantity or yield is necessary to continue a preexisting
use of substantial economic value.
This section cited in 25 Pa. Code § 269a.12 (relating to phase I).
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