Current through Register Vol. 54, No. 44, November 2, 2024
(a) The purpose of the criteria in this
section is to assist the Department in evaluating the potential impact of a
proposed treatment or disposal facility on natural, scenic, historic and
aesthetic values of the environment under PA. CONST. ART. I, § 27. The
Department will determine whether significant environmental harm will occur
after reviewing the applicant's environmental assessment report submitted in
compliance with this chapter and after consulting with the applicant and
relevant governmental agencies.
(b)
If the Department determines that there is a significant impact on natural,
scenic, historic or aesthetic values of the environment, the Department will
consult with the applicant to examine ways to reduce the environmental
incursion to a minimum. If, after consideration of mitigation measures, the
Department finds that significant environmental harm will occur, the Department
will evaluate the social and economic benefits of the proposed facility to
determine whether the harm outweighs the benefits. The evaluation of
environmental harm must include, at a minimum, a consideration of the impact of
the proposed facility on the 15 types of environmental resources described in
this subsection. There may be additional potentially affected natural, scenic,
historic or aesthetic values which the Department is constitutionally obligated
to protect that will be considered for proposed facilities in some locations.
In those instances, the Department will identify additional potential impacts
for the applicant. The following criteria may not be construed as an attempt to
limit or restrict the responsibilities of a Commonwealth agency under PA.
CONST. ART. I, § 27.
(1) If the proposed
facility is located within 1 mile of the corridor of a stream or river
designated as a National or State wild, scenic, recreational, pastoral or
modified recreation river under the National Wild and Scenic Rivers Act of 1968
(16 U.S.C.A. §§
1271-1287), or the Pennsylvania Scenic
Rivers Act (32 P. S. §§ 820.21-820.29) the applicant shall provide
information and analyses to allow the Department to determine whether the
proposed facility conforms to the designating statutes, land management
guidelines and studies or plans for the corridor.
(2) If the proposed facility is located
within 1 mile of the nearest bank of a stream or river listed as a 1-A priority
for study by the Department as a State wild, scenic, recreational, pastoral or
modified recreational river; or mandated by the United States Congress for
study or determined by the United States Park Service to meet the criteria for
study for potential inclusion into the National Wild and Scenic Rivers System,
the applicant shall provide information and analyses to allow the Department to
assess the extent to which the proposed facility may create adverse
environmental, visual or traffic impacts on the river or stream.
(3) If the proposed facility is located
within 1 mile of a unit of the National Parks System; a State, county or
municipal park; a recreational facility operated by the United States Army
Corps of Engineers; a State forest picnic area; or the Allegheny River
Reservoir in the Allegheny National Forest; the applicant shall provide
information and analyses to allow the Department to assess the extent to which
the proposed facility may create adverse environmental, visual or traffic
impacts on the park or other recreation areas listed in this
subsection.
(4) If the facility is
located within 1 mile of the footpath of the Appalachian Trail or other State
designated trail, the applicant shall provide information and analyses to allow
the Department to assess the extent to which the proposed facility may create
adverse environmental, visual or traffic impacts on the Appalachian Trail or
other State designated trail.
(5)
If the facility is located within 1 mile of a National Natural Landmark
designated by the United States National Park Service, or a natural area or
wild area designated by a State or Federal agency, the applicant shall provide
information and analyses to allow the Department to assess the extent to which
the proposed facility may create adverse environmental, visual or traffic
impacts on the National Landmark, natural area or wild area.
(6) If the facility is located within 1 mile
of or within an identified potential impact area of a National wildlife refuge,
National fish hatchery or National environment center operated by the United
States Fish and Wildlife Service, the applicant shall provide information and
analyses to allow the Department to assess the extent to which the proposed
facility may create adverse environmental, visual or traffic impacts on the
wildlife reserve, fish hatchery or environmental center.
(7) If the facility is located within 1 mile
of a historic property owned by the Historical and Museum Commission, the
applicant shall provide information and analyses to allow the Department to
assess the extent to which the proposed facility may create adverse
environmental, visual or traffic impacts on the historic property.
(8) If the facility is located within 1 mile
of a historic site listed in the National Register of Historic Places, the
applicant shall provide information and analyses to allow the Department to
assess the extent to which the proposed facility may create adverse impacts on
historic sites.
(9) If the facility
is located within 1/4 mile of a historic site listed in the Pennsylvania
Inventory of Historic Places or an archaeological site listed in the
Pennsylvania Archaeological Site Survey, the applicant shall provide
information and analyses to allow the Department to assess the extent to which
the proposed facility may create adverse impacts on the historical or
archaeological site.
(10) If the
facility is located within 1 mile of the boundary of a State forest or State
game land or the proclamation boundary of the Allegheny National Forest, the
applicant shall provide information and analyses to allow the Department to
assess the extent to which the proposed facility may create adverse impacts on
the forest, game and or resources.
(11) If the facility is located within an
area which is a habitat of a rare, threatened or endangered species of plant or
animal protected by the Endangered Species Act of 1973 (7 U.S.C.A. §
136 and
16 U.S.C. A. §§
460r-1,
460l-9,
668 dd, 715i, 715s, 1362, 1371,
1372, 1402 and 1531-1543), the Wild Resource Conservation Act (32 P. S.
§§ 5301-5314), or recognized by the
Fish and Boat Commission or Game Commission; the applicant shall provide
information and analyses to allow the Department to assess the extent to which
the proposed facility may create adverse effects on the species or habitate and
mitigation measures the applicant has proposed to deal with adverse
impacts.
(12) If the facility will
result in an increase in the peak discharge rate of stormwater drainage from
the project site, the applicant shall demonstrate that the proposed facility is
in conformance with the official stormwater management plan required by the
Storm Water Management Act (32 P. S. §§ 680.1-680.17), and the proposed facility will
manage the runoff in a manner that otherwise adequately protects health and
property from injury.
(13) If a
facility is proposed to be located in a watershed for which a formal written
request for designation as exceptional value waters has been received by the
Department or the EQB, the applicant shall provide information and analyses to
allow the Department to assess the impact of the proposed facility on the
pending designation.
(14) If the
facility generates a wastewater discharge which could degrade waters designated
as high quality waters under Chapter 93 (relating to water quality standards)
or waters for which a formal written request for designation as high quality
waters has been received by the Department or the EQB, the applicant shall
demonstrate:
(i) The discharges are justified
as a result of necessary economic or social development which is of significant
public value.
(ii) The discharges,
alone or in combination with other anticipated discharges of pollutants to the
waters, will not preclude a use presently possible in the waters and downstream
from the waters, and will not result in a violation of the numerical water
quality criteria specified in §
93.9 (relating to designated water
uses and water quality criteria) which are applicable to the receiving
waters.
(15) If a
proposed facility is to be located on prime or unique agricultural land as
defined by the Soil Conservation Service, lands currently in agricultural use,
or lands of Statewide importance as designated by the Soil Conservation
Service, the applicant shall provide information and analyses to allow the
Department to assess the proposed facility's consistency with Commonwealth
policy, such as Executive Order 1982-3 regarding agricultural lands at 4 Pa.
Code Chapter 7, Subchapter W (relating to agricultural land preservation
policy).
The provisions of this §269a.50 amended under sections
105, 402 and 501 of the Solid Waste Management Act (35 P. S. §§
6018.105,
6018.402 and
6018.501); sections 303 and
305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
6020.303 and
6020.305(e)(2)); section 5,
402 and 501 of The Clean Streams Law (35 P. S. §§
691.5,
691.402 and
691.501); and section 1920-A
of The Administrative Code of 1929 (71 P. S. §§
510-20).
This section cited in 25 Pa. Code §
269a.13 (relating to Phase
II).
