25 Pa. Code § 291.202. Areas where the land application of residual waste is prohibited.

§ 291.202. Areas where the land application of residual waste is prohibited.

(a)  Except for areas permitted by the Department prior to the effective date of these regulations, the land application of residual waste may not be conducted as follows:
   (1)  Within 100 feet of an intermittent or perennial stream.
   (2)  Within 300 feet of a water source unless the current owner of this water source has provided a written waiver consenting to the activities closer than 300 feet. This paragraph does not apply to features that may come into existence after the dates upon which adjacent landowner notification is given under §  287.151(b) (relating to public notice by applicant).
   (3)  Within 100 feet of a sinkhole.
   (4)  In or within 100 feet of an exceptional value wetland.
   (5)  Within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof has provided a written waiver consenting to the activities 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.
(b)  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.

Source

   The provisions of this §  291.202 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (266338) to (266339).

Cross References

   This section cited in 25 Pa. Code §  287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities); and 25 Pa. Code §  291.103 (relating to maps and related information).

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