Section 277.202. Areas where construction/demolition waste landfills are prohibited

(a) Except for areas that were permitted as a construction/demolition waste landfill prior to April 9, 1988, a construction/demolition waste landfill may not be operated as follows:

(1) Floodplain. In the 100-year floodplain of waters of this Commonwealth, unless the Department approves in a permit an equivalent 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) Wetland.

(i) In or within 300 feet of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).

(ii) For a construction/demolition waste landfill permitted on or after December 23, 2000, other than an expansion of a construction/demolition waste landfill that was permitted prior to December 23, 2000, in or within 100 feet of a wetland other than an exceptional value wetland, unless storage, processing and disposal will not occur within that distance and one of the following applies:

(A) 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).

(B) If the operation is not in or along the wetland, no adverse hydrologic or water quality impacts will result.

(3) Coal-existing facility. For a construction/demolition waste landfill permit issued prior to December 23, 2000, in coal bearing areas underlain by recoverable or mineable coals, unless the operator of the facility demonstrates and the Department finds, in writing, that the operator owns the underlying coal, or has entered an agreement with the owner of the coal to provide support.

(4) Coal—expansion. For an expansion of a construction/demolition waste landfill permitted between April 9, 1988, and December 23, 2000, in coal bearing areas underlain by recoverable or mineable coals, unless one of the following is met:

(i) The applicant owns the underlying coal.

(ii) The following requirements are met:

(A) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued.

(B) Coal providing support for the expansion area will not be mined as long as waste remains on the site, as demonstrated under § 277.120 (relating to mineral deposits information).

(5) Coal—new landfill. For a new construction/demolition waste landfill permitted on or after December 23, 2000, in coal bearing areas underlain by recoverable or mineable coal, unless the permittee owns the underlying coal.

(6) Valley, ravine or head of hollow. In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided in Chapter 105.

(7) Limestone or carbonate formation. In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet in thickness and present at the topmost geological unit. The areas include an area mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geologic studies demonstrate the absence of limestone and carbonate formations under the site.

(8) Occupied dwelling—existing facility. Except as provided in paragraphs (9) and (10), a construction/demolition waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the current owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 feet. Except as provided in paragraphs (9) and (10), the disposal area of a construction/demolition waste landfill may not be within 500 feet measured horizontally from an occupied dwelling, unless the current owner has provided a written waiver consenting to the disposal area being closer than 500 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

(9) Occupied dwelling—expansion. For a permitted construction/demolition waste landfill that was operating and not closed as of December 23, 2000, an expansion permitted on or after December 23, 2000, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless one or both of the following conditions are met:

(i) The owner of the dwelling has provided a written waiver consenting to the facility or disposal area being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.

(ii) The applicant owned or entered into an enforceable option contract to purchase the land on which the expansion would operate on or before December 23, 2000, and still holds the option rights, still owns the land or owns the land pursuant to the option rights contract when the permit expansion is issued. Even if the requirement of this subparagraph is met, the expansion may not be operated within 300 feet measured horizontally from an occupied dwelling and the disposal area may not be within 500 feet measured horizontally from an occupied dwelling.

(10) Occupied dwelling—new landfill. A new construction/demolition waste landfill permitted on or after December 23, 2000, may not be operated within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the facility being closer than 900 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner. A closed landfill that submits an application to reopen and expand shall also be subject to this paragraph.

(11) Occupied dwelling—access road. Notwithstanding the prohibitions in paragraphs (9) and (10), an access road to a construction/demolition waste landfill may not be operated within 300 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the access road being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.

(12) Perennial stream. Within 100 feet of a perennial stream, unless storage, processing and disposal will not occur within that distance and no adverse hydrologic or water quality impacts will result.

(13) Property line. Within 100 feet of a property line, unless one of the following applies:

(i) Actual disposal of waste will not occur within that distance.

(ii) The current owner has provided a written waiver consenting to the facility being closer than 100 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 current owner.

(14) Water source. Within 1/4 mile upgradient, and within 300 feet downgradient, of a public or private water source for disposal, processing and storage areas, except that the Department may waive or modify these isolation distances if the operator demonstrates and the Department finds, in writing, that the following conditions have been met:

(i) The owners of the public and private water sources in the isolation area have consented, in writing, to the location of the proposed facility.

(ii) The operator and each water source owner have agreed, in writing, that the applicant will construct and maintain at the operator’s expense a permanent alternative water supply of like quantity and quality at no additional cost to the water source owner if the existing source is adversely affected by the facility.

(iii) The applicant has demonstrated that a replacement water source is technically and economically feasible and readily available for every public or private water source in the isolation area.

(15) School, park or playground.

(i) For a construction/demolition waste landfill permit issued on or after December 23, 2000, other than an expansion of a construction/demolition waste landfill that was permitted prior to December 23, 2000, within 300 yards of:

(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, 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.

(16) Obstruction. For areas permitted on or after December 23, 2000, in a manner in which any portion of the landfill would be an obstruction to air navigation under 14 CFR 77.23(a)(5) (relating to standards for determining obstructions).

(b) Except as provided in subsection (c), this section does not apply to features that may come into existence after the date of the first newspaper notice of the filing of a permit application under § 271.141 (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 construction/demolition waste landfill permit. The notice, which is separate from the newspaper notice required by § 271.141, 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 § 271.202 (relating to receipt of application and completeness review) with the Department within 1 year from the date of the first newspaper notice under this subsection.

The provisions of this § 277.202 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226287) to (226289).

Notation

Cross References

This section cited in 25 Pa. Code § 277.113 (relating to maps and related information).