Subchapter B. REQUIREMENTS FOR SITING THE
REGIONAL DISPOSAL FACILITY
GENERAL Sec.
236.101. Scope and applicability.
236.102. Summary and purpose.
236.103. Siting plan.
236.104. Siting process.
236.105. Preferred potentially suitable site selection procedure.
236.106. Selection procedure for the proposed site.
236.107. Screening report.
236.108. Site justification.
236.109. Environmental impact report.
236.110. Social and economic impact study.
236.111. Distances.
PHASE I SCREENING REQUIREMENTS
236.121. General requirements.
236.122. Demography and land use.
236.123. Evaluation requirement for transportation.
236.124. Evaluation requirements for meterology and climatology.
236.125. Seismology.
236.126. Surface geology and hydrology.
236.127. Subsurface geology and hydrology.
236.128. Natural resources.
PHASE II SITE SUITABILITY
REQUIREMENTS
236.141. General requirements.
236.142. Characterization and modeling.
236.143. Demography and land use.
236.144. Transportation.
236.145. Meteorology and climatology.
236.146. Seismology.
236.147. Surface geology and hydrology.
236.148. Subsurface geology and hydrology.
236.149. Natural resources.
Cross References This subchapter cited in 25 Pa. Code § 236.2 (relating to definitions); 25 Pa. Code § 236.225 (relating to requirements for issuance of a license); 25 Pa. Code § 236.301 (relating to scope and purpose); and 25 Pa. Code § 236.312 (relating to compatibility with site).
GENERAL
§ 236.101. Scope and applicability.
This subchapter contains the requirements for siting a low-level radioactive waste disposal facility in this Commonwealth. The low-level radioactive waste disposal facility shall satisfy other requirements of this chapter. The criteria for siting a low-level radioactive waste disposal facility are divided into two phases, § § 236.121—236.128 (relating to Phase I screening requirements) and § § 236.141—236.149 (relating to Phase II site suitability requirements). The proposed site for licensing shall meet the Phase I and Phase II requirements.
§ 236.102. Summary and purpose.
(a) The site selection process for the low-level radioactive waste disposal facility addresses a wide range of public health, safety, environmental, social and economic factors. Considerations such as public health and safety, flooding, tectonics, protection of lands in the public trust, protection and exploitation of natural resources, demographics, transportation, wildlife, air quality, ecology, topography and hydrogeology are addressed in the siting requirements. The primary goal of the siting process is to identify a site that is capable of protecting public health, safety and the environment and to identify a site that is licensable.
(b) Application of the site selection process eliminates land in this Commonwealth that is unsuitable for use as a disposal site. From the remaining land, a site is to be selected by the applicant which will be submitted in the license application for the construction of the low-level radioactive waste disposal facility. At the initiation of the site selection process, all of the land in this Commonwealth is considered suitable for siting the facility. Through application of Phase I screening requirements, the applicant shall evaluate multiple areas and determine whether the areas are qualified or unqualified until the applicant has identified and submitted three sites, of approximately 500 acres each, to the EQB as the preferred potentially suitable sites. Through application of Phase I and Phase II site suitability requirements, the preferred potentially suitable sites will be studied in detail—characterized—and compared to identify the proposed site to be submitted for licensing.
§ 236.103. Siting plan.
(a) The applicant shall submit a siting plan to the Department for approval. The siting plan shall meet the requirements of this subchapter and the act and follow the siting process discussed in the applicant’s proposal. A quality assurance/quality control plan, which will be implemented throughout site screening and characterization, shall be submitted as part of the siting plan. Siting activities cannot begin until approval of the siting plan has been granted by the Department.
(b) The Department will utilize its oversight role to ensure that the applicant is implementing the approved siting plan throughout the site screening and site characterization period.
Cross References This section cited in 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.206 (relating to program plans).
§ 236.104. Siting process.
(a) The applicant shall screen this Commonwealth for potentially suitable sites using the criteria in § § 236.121—236.128 (relating to Phase I screening requirements). Screening shall be conducted consistent with the applicant’s siting plan under § 236.103 (relating to siting plan), proposal and contract with the Department made under section 306 of the act (35 P. S. § 7130.306). The applicant shall propose three preferred potentially suitable sites and submit those sites to the EQB for approval.
(b) The EQB will hold at least one public information meeting and one public hearing in each proposed potentially suitable area, evaluate the three proposed potentially suitable sites and determine compliance with § § 236.121—236.128. As part of this determination, the EQB will make a determination that the screening process has identified three of the best potential locations in this Commonwealth, based on the administrative record before the EQB. The administrative record shall consist of the screening report, site justification report, the study of short and long term environmental effects on the potentially suitable sites, the conclusions and siting recommendations of the Department, the testimony presented at the EQB’s public hearings and comments received during the comment period.
(c) Upon preliminary approval of the three preferred potentially suitable sites by the EQB, the applicant shall obtain access to the sites and conduct detailed characterization studies under § § 236.141—236.149 (relating to Phase II site suitability requirements). The studies shall be conducted consistent with the applicant’s site characterization plan, proposal and contract with the Department made under section 306 of the act. After concluding the characterization studies, the applicant shall select the site to be considered for licensing.
(d) Detailed site characterization at a site may be discontinued by the applicant if conditions are encountered that would prevent that site from meeting the Phase I site screening evaluation requirements or the Phase II site suitability requirements. If no disqualifying conditions are encountered, the applicant shall continue detailed site characterization.
(e) If disqualifying conditions are encountered at the three sites, the applicant shall submit three other potentially suitable sites under this section prior to reinitiation of Phase II.
Cross References This section cited in 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.105. Preferred potentially suitable site selection procedure.
(a) The applicant shall propose three preferred potentially suitable sites for preliminary approval for further study and submit those sites to the EQB and the Department.
(b) The proposal shall be accompanied by the following:
(1) A site screening report under § 236.107 (relating to screening report).
(2) A site justification under § 236.108 (relating to site justification).
(3) An environmental impact report under § 236.109 (relating to environmental impact report).
(c) At the same time that the proposal is submitted, the applicant shall submit to the Department a social and economic impact study for each site. Each study shall propose a host municipality and affected municipalities.
(d) The Department will evaluate the proposal and submit its recommendations to the EQB.
(e) The EQB will evaluate the three potentially suitable sites in accordance with section 307(e) of the act (35 P. S. § 7130.307(e)).
§ 236.106. Selection procedure for the proposed site.
(a) Prior to initiating detailed site characterization studies, the applicant shall prepare and submit for the Department’s approval a detailed plan for characterizing the three preferred potentially suitable sites.
(b) The site characterization plan shall include:
(1) Detailed plans and procedures, including quality assurance/quality control, for collecting detailed site specific information for compliance with the Phase I and Phase II siting requirements.
(2) The method for determining the proposed site for licensing.
(c) Upon approval of the three preferred potentially suitable sites by the EQB and Department approval of the site characterization plan, the applicant shall obtain access to the sites and commence detailed characterization studies.
(d) Information collected shall be compiled and included as part of the content of the license application as specified in § 236.204 (relating to content of a license application).
§ 236.107. Screening report.
(a) The applicant shall submit a site screening report to the EQB as part of its proposal for approval of three preferred potentially suitable sites. The report shall include the following:
(1) A comprehensive presentation of the information collected.
(2) The analyses conducted.
(3) The evaluation process that was used in screening this Commonwealth to identify the preferred potentially suitable sites.
(b) The screening report shall identify the stages incorporated in the process to narrow the search from the entire Commonwealth to the level at which the three preferred potentially suitable sites are identified.
(c) The screening report shall include a description of how the Phase I screening requirements were utilized in the process and a description of how meaningful public input was solicited and incorporated in each stage of the process.
(d) The screening report shall include a detailed discussion of how requests for consideration as a potentially suitable site from interested municipalities were considered.
(e) The screening report shall include documentation and references to substantiate the validity of the information presented and the conclusions reached through every stage of analysis. The report shall describe the research and analytical techniques and identify the principal persons responsible for conducting the research and preparing the report. Presentations of information shall be clear, concise and complete to the level that allows for independent evaluation by the EQB.
Cross References This section cited in 25 Pa. Code § 236.105 (relating to preferred potentially suitable site selection procedure).
§ 236.108. Site justification.
(a) The applicant shall submit site justifications which explain the reasons for the choice of each preferred potentially suitable site.
(b) The applicant shall use the process established in the proposal and the siting plan as approved by the Department, for applying the requirements of § § 236.121—236.128 (relating to Phase I screening requirements) and show how the process was used to identify each preferred potentially suitable site.
(c) Site justifications shall predict the ability of each preferred site to meet the Phase II site suitability requirements and the performance objectives in Subchapter A (relating to general provisions).
(d) Site justifications shall utilize comparisons of information collected and analyzed during the screening process to defend and justify the choice of a preferred potentially suitable site.
Cross References This section cited in 25 Pa. Code § 236.105 (relating to preferred potentially suitable site selection procedure).
§ 236.109. Environmental impact report.
An environmental impact report shall be prepared for each of the preferred potentially suitable sites and affected areas. The report shall consider the short and long term effects that a disposal facility would have on public health and safety and the environment at each preferred potentially suitable site and affected areas.
Cross References This section cited in 25 Pa. Code § 236.105 (relating to preferred potentially suitable site selection procedure).
§ 236.110. Social and economic impact study.
(a) A social and economic impact study shall be prepared for each of the preferred potentially suitable sites. The study shall include information, analyses and discussion to clearly identify social and economic impacts. The level of information that is submitted shall be sufficient to permit the Department to conduct an independent evaluation.
(b) Each social and economic impact study shall:
(1) Propose to the Department a host municipality and affected municipalities.
(2) Evaluate the long and short term potential impacts of the facility on social and economic conditions including the following:
(i) Tax revenue.
(ii) Public and private infrastructure compatibility with regional and local economic goals.
(iii) Emergency management capabilities.
(iv) Loss of resources.
(v) Social service demands.
(c) The Department will use the social and economic impact reports in its consideration for identifying host and affected municipalities.
(d) The Department will identify the host and affected municipalities and incorporate them into the disposal facility license.
§ 236.111. Distances.
The distances from a facility to a feature or structure described in this chapter shall be measured from the boundary of the disposal site.
PHASE I SCREENING REQUIREMENTS
§ 236.121. General requirements.
(a) This section and § § 236.122—236.128 contain both disqualifying criteria and evaluation requirements.
(b) Disqualifying criteria denote conditions that are unacceptable for the siting of a low-level radioactive waste disposal facility. Implementation of disqualifying criteria requires that areas be evaluated to determine the existence of disqualifying conditions. Siting a low-level radioactive waste disposal facility in an area containing disqualifying conditions is prohibited. The EQB will deny a proposed site without further review if the proposed site contains disqualifying conditions. The applicant bears the burden of proving that the site contains no disqualifying conditions.
(c) Evaluation requirements denote conditions that require identification, investigation and assessment to determine acceptability. The EQB will not approve a site unless the applicant successfully demonstrates with clear and convincing evidence that the site complies with the evaluation requirements.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.108 (relating to site justification).
§ 236.122. Demography and land use.
(a) Disqualifying criteria. Potentially suitable sites may not be located where nearby facilities, activities, population or development will mask monitoring of the disposal site or affect the disposal site’s compliance with the performance objectives.
(b) Evaluation requirements. Demographic and land use characteristics that could be affected by a potentially suitable site relate to items, such as population distribution and future growth, land use, nearby facilities, safety and support services and economic conditions. Evaluations shall be made to determine the effects a proposed site location could have on existing and projected future conditions.
(1) Conditions of ownership, such as surface ownership, mineral rights, rights-of-way and liens shall be identified and evaluated with respect to site acquisition requirements of section 307 of the act (35 P. S. § 7130.307).
(2) An evaluation of compatibility with adopted county and municipal plans for land use and zoning, population distribution, projected population growth and restrictions shall be on record.
(3) The evaluations shall show potential impacts on facilities and structures, including schools, parks, hospitals, churches, retail centers, nursing homes and business establishments.
(4) An evaluation of support and safety services, including utilities, fire protection, police and medical capabilities shall be currently available upon which the disposal facility would rely. The evaluation shall include an assessment of future service needs necessary to adequately support the disposal facility.
(5) Economic conditions within the affected area of a potentially suitable site shall be described and analyzed. Potential impacts on the existing conditions shall be determined. Sufficient information and analysis shall be provided to allow for assessment of benefits and guarantees under section 318 of the act (35 P. S. § 7130.318).
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
§ 236.123. Evaluation requirements for transportation.
Existing and projected access roads, from potentially suitable sites to points of exit off existing interstate or limited access highways, shall be identified, described and evaluated with respect to:
(1) Their general type, conditions, upgrade or construction needs.
(2) Potential hazards for transportation.
(3) Residential dwellings per road mile.
(4) Facilities such as schools, parks or hospitals, per road mile.
(5) A total travel distance between a potentially suitable site and points of exit from existing interstate or limited access highways.
(6) Past highway safety records.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
§ 236.124. Evaluation requirements for meteorology and climatology.
Averages and extremes for regional climatic and site-specific meteorology characteristics, such as temperature, precipitation, humidity, freeze-thaw characteristics and historical trends for airflow patterns, pressure systems and frontal movements, shall be described and evaluated to determine potential effects on a potentially suitable site. The potential for severe weather phenomena such as tornadoes and other storm events based on historical data shall be evaluated.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
§ 236.125. Seismology.
(a) Disqualifying criteria. Potentially suitable sites may not be located within 1 mile of an active fault.
(b) Evaluation requirements.
(1) Potentially suitable sites shall be evaluated with respect to regional tectonic history and geologic structure, including stability, faults, folds, joints and fractures.
(2) Capable faults identified in the vicinity of a site shall be evaluated to determine correlation of the fault with recorded or suspect earthquake activity and potential impact on site stability.
(3) Potentially suitable sites shall be evaluated to determine the proximity to known or reported seismic epicenters within 200 miles. The probable seismic risk and impact associated with those epicenters that reported a Mercalli intensity of (IV) or greater shall be evaluated.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
§ 236.126. Surface geology and hydrology.
(a) Disqualifying criteria. Potentially suitable sites may not be located:
(1) Within the limits of the 100-year floodplain of a waterway as defined in the Flood Plain Management Act (32 P. S. § § 679.101—679.601).
(2) Within the limits of a coastal floodplain as defined in Federal Executive Order 11988, Flood Plain Management Guidelines (42 U.S.C.A. § 4321, note).
(3) Within the area below a dam which may be threatened with loss of life or serious damage to property if a failure of the dam occurs.
(4) Where erosional processes or mass movement of landforms, such as mass wasting and landslides, would affect the long term stability and isolation of waste.
(5) Where there are slopes greater than 15% on areas of the disposal site where disposal units may be located, as mapped on USGS 7.5-minute quadrangles utilizing a scale of 1:24,000 with a contour interval of either 10 feet or 20 feet or on county topographic maps that utilize a scale of 1:50,000 and a contour interval of 20 feet.
(b) Evaluation requirements. Potentially suitable sites shall be evaluated:
(1) With respect to regional and local geomorphology. Evaluations shall discuss geomorphic features pertinent to site stability and the relationships between regional and local geomorphic features.
(2) With respect to local and site-specific surface hydrology. Characteristics to be evaluated include:
(i) Site drainage conditions.
(ii) Rates of evapotranspiration and infiltration.
(iii) Rates and directions of runoff.
(iv) Fluvial features.
(v) Historical flow conditions.
(vi) Chemical and physical properties of the waters.
(3) To determine the potential for, and the impacts from, major modifications of upstream drainage by others.
(4) With respect to local and site specific erosional processes. Characteristics such as rates, types and directions of erosion shall be described. The potential for mass movement of landforms, including landslides, slumping and mass wasting, shall also be evaluated.
(5) To determine the probable existence and extent of surface water features, including wetlands, springs and ponds that are sustained by groundwater. This evaluation shall also address the potential for future ponding and surface water discharges.
(6) To determine the magnitude, frequency and duration of storm events that would cause inundating floods and probable maximum flood conditions.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
§ 236.127. Subsurface geology and hydrology.
(a) Disqualifying criteria. Potentially suitable sites may not be located in areas where there is limestone or other predominantly carbonate lithologic units which exhibit one of the following characteristics:
(1) Outcrop at the surface.
(2) Occur within 50 feet of the surface and are greater than 5 feet thick.
(3) Have been identified as areas with a potential for subsidence.
(4) Currently exhibit evidence of subsidence at the surface.
(b) Evaluation requirements.
(1) The geology at potentially suitable sites shall be evaluated with respect to regional and local stratigraphy, lithologies and potential impact on site stability. Descriptions, illustrations and evaluations shall include characteristics such as local stratigraphic units and their accepted names, relative ages, lithologic descriptions and genetic relationships.
(2) Depths to local and regional zones of permanent saturations including seasonal fluctuations, shall be evaluated. The probability and extent of both permanent and seasonal perched water tables potentially affected by a site shall be evaluated.
(3) Local and potentially affected aquifers shall be described, evaluated and illustrated with respect to the following:
(i) Characteristics, such as lateral extent and thickness.
(ii) Rates, directions and volumes of groundwater flow.
(iii) Porosities and permeabilities.
(iv) Recharge areas and discharge areas.
(v) Reported chemical properties.
(4) Site-specific and local soil conditions shall be evaluated with respect to physical, chemical and mineralogical properties. Characteristics to be evaluated include:
(i) Lateral extent and thickness of soil horizons.
(ii) Classification names.
(iii) Relative ages.
(iv) Genetic relationships.
(v) Porosities and permeabilities.
(vi) Rates, directions and conditions of surface and subsurface flow.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
§ 236.128. Natural resources.
(a) Disqualifying criteria. Potentially suitable sites may not be located:
(1) Within 1/2 mile of a well or spring which is used as a public 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 public water supply.
(3) Within 1/2 mile of an existing important wetland, as defined in Chapter 105 (relating to dam safety and waterway management).
(4) Within the boundaries of the following:
(i) National Park Systems.
(ii) National Forests.
(iii) Natural Landmarks designated by the National Park Service.
(iv) National Wildlife Refuges.
(v) National Fish Hatcheries.
(vi) National Wild and Scenic River Systems, including study rivers designated under section 5(a) of the Wild and Scenic River Act (15 U.S.C.A. § 1276(a)).
(vii) National System of Trails.
(viii) National Wilderness Preservation Systems.
(ix) Exceptional Value Watersheds.
(x) Historic sites listed on the National Register of Historic Places.
(xi) State, county or municipal park systems.
(xii) Land owned by the Historical and Museum Commission.
(xiii) Lands protected by the Wild and Scenic Rivers Program.
(xiv) Designated natural and wild areas.
(5) Within the boundaries of State Forest and State Game Lands unless the agency administering the lands has been given authority by statute or ordinance to allow the siting and operation of the regional disposal facility.
(6) In areas over active or inactive oil and gas wells or gas storage areas. The phrase ‘‘active or inactive oil and gas wells or storage areas’’ has the same meaning as used in the Oil and Gas Act (58 P. S. § § 601.101—601.605).
(7) On agricultural land established under the Agricultural Area Security Law (3 P. S. § § 901—915) or Class I agricultural land as defined by the United States Soil Conservation Service.
(8) In areas over active or inactive mines that are identified and substantiated by public records.
(b) Evaluation requirements. Potentially suitable sites shall be evaluated:
(1) With respect to water use characteristics of potentially affected water supplies. Existing private, public and community water supplies located onsite or within 3 miles shall be identified and evaluated. The ability to replace existing water supplies with alternate supplies of like quality and quantity shall be evaluated.
(2) To determine potential impact on designated high quality watersheds that may be affected.
(3) To determine the existence of, and potential impact on, endangered and threated species as defined in the Endangered Species Act of 1973 (16 U.S.C.A. § § 460K-1, 4601-9, 668aa—668cc-6, 668dd, 715i, 715s, 1362, 1371, 1372, 1402 and 1531—1543).
(4) To determine the existence of, and potential impact on, biologic habitats identified as either endangered, threatened, rare or exemplary; and geologic features identified as outstanding on the Pennsylvania Natural Diversity Inventory.
(5) To determine to what extent previous exploration or exploitation practices have disturbed the natural geologic setting in the area. Evaluations shall identify locations, types and extent of disturbances; and estimate potential impact on site stability.
(6) To determine the types, quantities and physical locations of the natural resources contained therein and shall include an evaluation of the availability of these resources from other areas outside the site. Priority shall be given to avoid areas where natural resources that may be rare or unique to the site exist.
(c) Wetlands. The preferred potentially suitable sites submitted to the EQB for approval will be evaluated by the Department to determine the existence of wetlands. The results of this evaluation will be part of the Department’s review that will be submitted to the EQB.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); 25 Pa. Code § 236.108 (relating to site justification); and 25 Pa. Code § 236.121 (relating to general requirements).
PHASE II SITE SUITABILITY REQUIREMENTS
§ 236.141. General requirements.
(a) This section and § § 236.142—236.149 establish and identify the requirements that a site is required to meet to be considered suitable for the proposed low-level radioactive waste disposal facility. Phase II, site-specific characterization of the three preferred potentially suitable sites, begins after approval is granted by the EQB under § 236.104 (relating to siting process) and after the Department approves the site characterization plan. Site characterization will require access to the sites.
(b) Implementation of the site suitability requirements requires the collection, documentation, analysis, discussion and illustration of detailed site-specific data to supplement the data collected during Phase I screening. The Phase II effort will substantiate or disprove the validity of evaluations and projections made for the three preferred potentially suitable sites chosen in Phase I. The applicant shall clearly demonstrate that the preferred site meets the Phase I and Phase II siting requirements and contributes to compliance with the performance objectives of Subchapter A (relating to general provisions). The findings from the detailed site characterization studies shall be presented as part of the license application required in Subchapter C (relating to regional facility license).
(c) For the type of criteria in which the data collected are considered time variant by the Department, there shall be a minimum of 1 year of data acquisition to substantiate the validity of analyses and conclusions.
(d) The issuance of a license by the Secretary constitutes final approval of the site for the disposal facility.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); and 25 Pa. Code § 236.104 (relating to siting process).
§ 236.142. Characterization and modeling.
A disposal site shall be capable of being characterized, modeled, analyzed and monitored. Characterization shall be adequate to define characteristics and conditions, both onsite and offsite, through monitoring, analysis, modeling and demonstration, to substantiate that the site can satisfy site suitability requirements and meet the performance objectives.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.143. Demography and land use.
A disposal site shall be located so that projected population growth and future developments are not likely to affect the ability of the disposal site to meet the performance objectives in Subchapter A (relating to general provisions).
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.144. Transportation.
A disposal site shall be located so that the roads connecting the site to an existing or limited access highway allow for safe transportation so that risks to the general population will be as low as reasonably achievable.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.145. Meteorology and climatology.
A disposal site shall be located so that adverse climatic and meteorologic conditions will not affect the ability of the disposal site to meet the performance objectives in Subchapter A (relating to general provisions).
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.146. Seismology.
A disposal site shall be tectonically stable to meet the performance objectives in Subchapter A (relating to general provisions). An area shall be avoided where tectonic processes such as faulting, folding or seismic activity may occur with a frequency and to an extent which may affect the isolation of waste and the long term stability of the site.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.147. Surface geology and hydrology.
(a) A disposal site area shall be located where topography and surface geologic processes occur at rates, frequency and extent that they will not affect meeting the performance objectives in Subchapter A (relating to general provisions).
(b) A disposal site shall be generally well drained and free of areas of flooding or frequent ponding. The disposal facility may not be located in a wetland, as defined in Chapter 105 (relating to dam safety and waterway management).
(c) A disposal site shall be located so that upstream drainage areas are minimized to decrease the amount of runoff which could erode or inundate waste disposal units.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.148. Subsurface geology and hydrology.
(a) A disposal site may not be located where hydrologic conditions such as hydraulic conductivity or geologic features such as fractured bedrock occur at rates, frequency or extent that could adversely affect the isolation of waste or the ability to meet the performance objectives in Subchapter A (relating to general provisions).
(b) A disposal site shall be located in a hydrogeologic setting that provides sufficient separation from the groundwater, so that water intrusion into disposal units, perennial or otherwise, will not occur.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
§ 236.149. Natural resources.
(a) A disposal site shall be located so that resources, such as those protected by law, those suitable for human consumption and those culturally or historically unique, can be protected during siting, design, construction, operation, closure, decommissioning and long term care.
(b) A disposal site may not be located where exploration or exploitation of natural resources, such as hydrocarbons, industrial minerals, metallic ores and mineral fuels located on the site or in adjacent areas could affect isolation of waste or, the ability to meet the performance objectives in Subchapter A (relating to general provisions).
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.141 (relating to general requirements).
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