Current through Register Vol. 54, No. 45, November 9, 2024
Section 273.202 - Areas where municipal waste landfills are prohibited(a) Except as provided in subsections (b) and (c), a municipal waste landfill may not be operated as follows: (1)Floodplain. In the 100-year floodplain of waters of this Commonwealth.(2)Wetland. (i) In or within 300 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).(ii) For a new municipal waste landfill permitted on or after 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 an area permitted as a municipal waste landfill between April 9, 1988, and 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 municipal 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 § 273.120 (relating to mineral deposits information).(5)Coal-new landfill. For a new municipal waste landfill permitted on on 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 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 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 municipal waste landfill or a permitted noncaptive (Class I) residual waste landfill that was operating and not closed as of December 23, 2000, that converts to a municipal 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 the landfill may not be within 500 feet measured horizontally from an occupied dwelling unless the current owner of the dwelling 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 municipal waste landfill that was operating and not closed as of December 23, 2000, or a permitted noncaptive (Class I) residual waste landfill that was operating and not closed as of December 23, 2000, that converts to a municipal waste landfill, 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 municipal 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 municipal 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 will not occur within 100 feet of a property line.(ii) The current owner has provided a written consent 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)Airport-FAA certified. For areas permitted on or after April 9, 1988, and before January 25, 1997: (i) Within 10,000 feet-or 3,048 meters-of a runway that is or will be used by turbine-powered aircraft at a Federal Aviation Administration (FAA) certified airport during the term of the permit.(ii) Within 5,000 feet-or 1,524 meters-of a runway that is or will be used by piston-type aircraft at an FAA-certified airport during the life of disposal operations under the permit.(15)Airport. Except for areas that were permitted prior to January 25, 1997, a municipal waste landfill may not be operated as follows: (i) Within 10,000 feet-or 3,048 meters-of an airport runway that is or will be used by turbine-powered aircraft during the life of disposal operations under the permit.(ii) Within 5,000 feet-or 1,524 meters-of an airport runway that is or will be used by piston-type aircraft during the life of disposal operations under the permit.(16)Airport-navigable airspace. The following relate to airports: (i)Conical area. For areas permitted prior to December 23, 2000, within the conical area at 14 CFR Part 77 (relating to objects affecting navigable airspace) for runway flight paths that are or will be used by turbine-powered or piston-type aircraft during the life of disposal operations under the permit.(ii)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).(17)Water source . Within 1/4-mile upgradient, and within 300 feet or 91.4 meters downgradient, of a private or public 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.(18)School, park or playground.(i) For a municipal waste landfill permit issued on or after September 26, 1988, except an expansion of a municipal waste landfill permitted prior to September 26, 1988, within 300 yards of the following:(A) A building which is owned by a school district or school and used for instructional purposes.(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) The isolation distances identified in subsection (a)(2), (3), (6)-(8), (11)-(14), (16)(i) and (17) do not apply to areas that were permitted as a municipal waste landfill prior to April 9, 1988, and included in a municipal waste landfill permit issued between April 9, 1988, and December 23, 2000, as long as the permit did not become void under § 271.211(e) (relating to term of permits).(c) The isolation distances identified in subsection (a) do not apply for purposes of conducting postclosure activities for areas permitted as a municipal waste landfill prior to December 23, 2000.(d) Except as provided in subsection (e), 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).(e) 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 municipal 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 §273.202 adopted April 8, 1988, effective 4/9/1988, 18 Pa.B. 1681; amended October 9, 1992, effective 10/10/1992, 22 Pa.B. 5105; amended January 24, 1997, effective 1/25/1997, 27 Pa.B. 521; amended December 22, 2000, effective 12/23/2000, 30 Pa.B. 6685. This section cited in 25 Pa. Code § 273.113 (relating to maps and related information).