§ 297.202. Areas where incinerators and other processing facilities are prohibited.
(a) Except for areas that were permitted prior to July 4, 1992, residual waste processing facilities subject to this chapter may not be operated:
(1) 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 Encroachments Act (32 P. S. § § 693.1—693.27).
(2) In or within 300 feet of an exceptional value wetland.
(3) In or within 100 feet of a wetland other than an exceptional value wetland, unless storage and processing will not occur within that distance or the storage and processing take place in an enclosed facility and one of the following applies:
(i) The operation is in or along the wetland, and the operator has received a permit from the Department under Chapter 105 (relating to dam safety and waterway management).
(ii) The operation is not in or along the wetland, and no adverse hydrologic or water quality impacts will result.
(4) Within 300 feet measured horizontally from an occupied dwelling, unless the owner thereof 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.
(5) Within 100 feet of a perennial stream, unless one of the following applies:
(i) The storage and processing take place in an enclosed facility and no adverse hydrologic or water quality impacts will result.
(ii) Storage and processing that is not enclosed will not occur within that distance and no adverse hydrologic or water quality impacts will result.
(6) Within 50 feet of a property line unless the operator demonstrates that actual processing of waste is not occurring within that distance, storage and processing take place in an enclosed facility, or that the owners of occupied dwellings within that distance have provided written waivers 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.
(b) Except for areas that were permitted prior to September 26, 1988, processing facilities that commercially treat residual waste may not be operated within 300 yards of the following:
(1) A building which is owned by a school district or parochial school and used for instructional purposes.
(2) A park.
(3) A playground.
(c) Except as provided in subsection (d), this section does not apply to a feature that may come into existence after the date of the first newspaper notice under § 287.151 (relating to public notice by applicant).
(d) 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 residual waste processing permit. The notice, which is separate from the newspaper notice required by § 287.151, 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 § 287.202 (relating to completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.
(e) 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 § 297.202 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (248220) to (248222).
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 § 297.103 (relating to maps and related information).
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