§ 283.202. Areas where resource recovery facilities and other processing facilities are prohibited.
(a) Except for areas that were permitted prior to April 9, 1988, a municipal waste processing facility subject to this chapter may not be operated as follows:
(1) Floodplain. In the 100-year floodplain of waters of 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 Encroachment Act (32 P. S. § § 693.1—693.27).
(2) Wetlands.
(i) In or within 300 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).
(ii) For a processing facility permit issued on or after December 23, 2000, other than an expansion of a processing facility that was permitted prior to December 23, 2000, in or within 100 feet of a wetland other than an exceptional value wetland, unless for a processing facility other than a resource recovery facility storage and processing will not occur within that distance or storage and processing take place in an enclosed facility and one of the following is true:
(A) 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).
(B) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.
(3) Occupied dwelling.
(i) For a processing facility permit issued prior to December 23, 2000, or for an expansion of a resource recovery facility or other processing facility that was permitted prior to December 23, 2000, within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling 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. This siting limitation does not apply to onsite infectious and chemotherapeutic waste incineration facilities which are not commercial facilities.
(ii) For a processing facility permit issued on or after December 23, 2000, within 300 yards measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 yards. 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.
(4) Perennial stream. Within 100 feet of a perennial stream unless the storage and processing will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(5) Property line. Within 50 feet of a property line unless the operator demonstrates one of the following:
(i) That actual processing of waste is not occurring within 50 feet of a property line.
(ii) That storage and processing take place in an enclosed facility.
(iii) That 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 deed unless the lease or deed contains an explicit waiver from the owner.
(6) School, park or playground.
(i) For a resource recovery facility permit issued on or after September 26, 1988, except an expansion of a resource recovery facility permitted prior to September 26, 1988, 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 § 271.141 (relating to public notice by applicant).
(c) This section does not apply to a feature 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 municipal waste processing permit. The notice, which is separate from the newspaper notice required by § 271.141, 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 § 271.202 (relating to receipt of application and completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.
Source The provisions of this § 283.202 adopted April 7, 1988, effective April 8, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa. 6685. Immediately preceding text appears at serial pages (255084) and (226385).
Cross References This section cited in 25 Pa. Code § 283.103 (relating to maps and related information); and 25 Pa. Code § 284.311 (relating to plan for monitoring).
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