Section 236.128. Natural resources

(a) Disqualifying criteria. Potentially suitable sites may not be located:

(1) Within 1/2 mile of a well or spring which is used as a public water supply.

(2) Within 1/2 mile of either side of a stream or impoundment for a distance of 5 stream miles upstream of a surface water intake for a public water supply.

(3) Within 1/2 mile of an existing important wetland, as defined in Chapter 105 (relating to dam safety and waterway management).

(4) Within the boundaries of the following:

(i) National Park Systems.

(ii) National Forests.

(iii) Natural Landmarks designated by the National Park Service.

(iv) National Wildlife Refuges.

(v) National Fish Hatcheries.

(vi) National Wild and Scenic River Systems, including study rivers designated under section 5(a) of the Wild and Scenic River Act (15 U.S.C.A. § 1276(a)).

(vii) National System of Trails.

(viii) National Wilderness Preservation Systems.

(ix) Exceptional Value Watersheds.

(x) Historic sites listed on the National Register of Historic Places.

(xi) State, county or municipal park systems.

(xii) Land owned by the Historical and Museum Commission.

(xiii) Lands protected by the Wild and Scenic Rivers Program.

(xiv) Designated natural and wild areas.

(5) Within the boundaries of State Forest and State Game Lands unless the agency administering the lands has been given authority by statute or ordinance to allow the siting and operation of the regional disposal facility.

(6) In areas over active or inactive oil and gas wells or gas storage areas. The phrase ‘‘active or inactive oil and gas wells or storage areas’’ has the same meaning as used in the Oil and Gas Act (58 P. S. § § 601.101—601.605).

(7) On agricultural land established under the Agricultural Area Security Law (3 P. S. § § 901—915) or Class I agricultural land as defined by the United States Soil Conservation Service.

(8) In areas over active or inactive mines that are identified and substantiated by public records.

(b) Evaluation requirements. Potentially suitable sites shall be evaluated:

(1) With respect to water use characteristics of potentially affected water supplies. Existing private, public and community water supplies located onsite or within 3 miles shall be identified and evaluated. The ability to replace existing water supplies with alternate supplies of like quality and quantity shall be evaluated.

(2) To determine potential impact on designated high quality watersheds that may be affected.

(3) To determine the existence of, and potential impact on, endangered and threated species as defined in the Endangered Species Act of 1973 (16 U.S.C.A. § § 460K-1, 4601-9, 668aa—668cc-6, 668dd, 715i, 715s, 1362, 1371, 1372, 1402 and 1531—1543).

(4) To determine the existence of, and potential impact on, biologic habitats identified as either endangered, threatened, rare or exemplary; and geologic features identified as outstanding on the Pennsylvania Natural Diversity Inventory.

(5) To determine to what extent previous exploration or exploitation practices have disturbed the natural geologic setting in the area. Evaluations shall identify locations, types and extent of disturbances; and estimate potential impact on site stability.

(6) To determine the types, quantities and physical locations of the natural resources contained therein and shall include an evaluation of the availability of these resources from other areas outside the site. Priority shall be given to avoid areas where natural resources that may be rare or unique to the site exist.

(c) Wetlands. The preferred potentially suitable sites submitted to the EQB for approval will be evaluated by the Department to determine the existence of wetlands. The results of this evaluation will be part of the Department’s review that will be submitted to the EQB.

Notation

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).