Current through Register Vol. 54, No. 50, December 14, 2024
Section 290.404 - Areas where coal ash storage is prohibited(a) Coal ash storage areas, other than areas where the coal ash is totally enclosed and stored on an impermeable floor, temporary coal ash storage piles or storage impoundments, may not be operated as follows, unless otherwise authorized by the Department in writing: (1) Within 100 feet of an intermittent or perennial stream, other than exceptional value or high quality waters as defined in § 93.1 (relating to definitions).(2) Within 300 feet of exceptional value or high quality waters as defined in § 93.1.(3) Within 300 feet of a groundwater water source.(4) Within 1,000 feet upgradient of a surface drinking water source.(5) Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones.(6) Within 100 feet of a sinkhole or area draining into a sinkhole.(7) Within 100 feet of a wetland, other than an exceptional value wetland.(8) In or within 300 feet of an exceptional value wetland.(b) Coal ash storage impoundments may not be operated as follows:(1) In the 100-year floodplain of waters of this Commonwealth.(2) In or within 100 feet of a wetland other than an exceptional value wetland.(3) In or within 300 feet of an exceptional value wetland.(4) In an area where the operation would result in the elimination, pollution or destruction of a portion of an intermittent stream or perennial stream.(5) Within 100 feet of an intermittent stream or perennial stream, other than exceptional value or high quality waters as defined in § 93.1.(6) Within 300 feet of exceptional value or high quality waters as defined in § 93.1.(7) In areas underlain by limestone or carbonate formations, where the formations are greater than 5 feet thick and present at the topmost geologic unit. These areas include areas mapped by the "Pennsylvania Geological Survey" as underlain by these formations, unless competent geologic studies certified by a professional geologist licensed to practice in this Commonwealth demonstrate the absence of limestone and carbonate formations under the site.(8) Within 900 feet measured horizontally from an occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to the coal ash storage impoundment 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 coal ash storage impoundment that submits an application to reopen and expand shall also be subject to this paragraph.(9) Within 100 feet of a property line, unless the current owner has provided a written consent to the coal ash storage impoundment 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.(10) Within 1/4 mile upgradient, and within 300 feet downgradient, of a private or public water source, except that the Department may waive or modify the isolation distances to a private water source if the person demonstrates and the Department finds, in writing, that the following conditions have been met: (i) The owners of the private water sources in the isolation area have consented, in writing, to the location of the proposed coal ash storage impoundment.(ii) The person storing coal ash and each water source owner have agreed, in writing, that the person will construct and maintain at the person'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 coal ash storage impoundment.(iii) The person storing coal ash has demonstrated that a replacement water source is technically and economically feasible and readily available for every private water source in the isolation area.(11) Within 900 feet of the following: (i) A building that is owned by a school district or school and used for instructional purposes.(12) In areas that serve as habitat for fauna or flora listed as "threatened" or "endangered" under the Endangered Species Act of 1973 (7 U.S.C.A. § 136; 16 U.S.C. A. §§ 4601-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531 - 1543), the Wild Resource Conservation Act (32 P. S. §§ 5301-5314), 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code), unless the applicant demonstrates compliance with applicable Federal and State requirements that would allow operations in those areas.(c) Temporary coal ash storage piles may not be operated as follows:(1) Within 100 feet of an intermittent or perennial stream, other than exceptional value or high quality waters as defined in § 93.1.(2) Within 300 feet of exceptional value or high quality waters as defined in § 93.1.(3) Within 100 feet of a wetland, other than an exceptional value wetland.(4) In or within 300 feet of an exceptional value wetland.