Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

25 Pa. Code § 236.122. Demography and land use.

§ 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).



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