Section 295.202. Areas where composting facilities are prohibited

(a) Except for areas that were permitted prior to July 4, 1992, a composting facility may not be operated:

(1) In the 100-year floodplain of a water of this Commonwealth unless demonstrated that the composting facility can be protected during flooding.

(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 storage and processing take place in an enclosed facility, and one of the following applies:

(i) 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).

(ii) If the operation is not in or along the wetland, 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 impact 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 one of the following applies:

(i) The storage and processing take place in an enclosed facility.

(ii) 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 a deed unless the lease or deed contains an explicit waiver from the owner.

(iii) Actual storage and processing of waste is not occurring within that distance.

(7) For processing, disposal and waste or compost storage areas, within 1/4 mile upgradient and within 300 feet downgradient of a private or public water source.

(8) In an area where the pad or vessel will be in contact with the seasonal high water table or perched water table.

(9) If a school, park or playground is nearby, the following apply:

(i) Except for an expansion of a residual waste composting permit issued prior to January 13, 2001, for a residual waste composting permit issued on or after January 13, 2001, 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 § 287.151 (relating to public notice by applicant).

(c) This section does not apply to features 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 composting facility 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 with the Department within 1 year from the date of the first newspaper notice under this subsection.

(d) 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.

The provisions of this § 295.202 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226856) to (226857).

Notation

Cross References

This section cited in 25 Pa. Code § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilites); and 25 Pa. Code § 295.112 (relating to maps and related information).