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ENVIRONMENTAL SITING CRITERIA/
ENVIRONMENTAL ASSESSMENT PROCESS
REVIEW CHECKLIST FOR HAZARDOUS WASTE MANAGEMENT FACILITIES
MODULE 9
SCOPE
The purpose of the criteria is to provide an additional margin of safety beyond the protection already afforded by facility
design, operational and monitoring requirements set forth in Chapter 260a. through 270a. The criteria absolutely exclude
siting of facilities in certain environmentally sensitive areas (Phase I) and require thorough assessment of environmental
impacts prior to determining the suitability of siting in other sensitive environments (Phase II).
Permit applicants must subject lands proposed for treatment or disposal of hazardous waste to the siting criteria prior to
issuance of a hazardous waste permit. Module 9 is to be completed and submitted to the Department as a component of
the Part B Permit Application. It is recommended that potential permit applicants subject proposed facilities to Phase I of
the ESC prior to preparation of any other component of the Part B permit application. If, in fact, the site does not meet the
exclusionary criteria imposed by Phase I (Sections 269a.21 through 269a.29) the site will not be permitted by the
Department. If the site is not excluded under Phase I of the criteria, the applicant should complete Phase II
(Sections 269.41 through 269a.50) providing additional information, as required. Sections 269a.41 through 269a.49 allow
applicants to attempt to mitigate impacts. Section 269a.50 allows applicants to attempt to mitigate impacts, but also
allows the applicant to provide social and economic justification in the event that impacts cannot be effectively mitigated.
The Department will determine the effectiveness of mitigation and justification provisions.
Hazardous waste storage facilities are exempt from the requirements specific to the Environmental Siting Criteria, but may
be subject to the Environmental Assessment Process, in accordance with Article 1, Section 27 of the Pa. Constitution,
known as the Environmental Rights Amendment.
APPLICABILITY
Environmental Siting Criteria:
The Environmental Siting Criteria apply to siting of treatment and/or disposal facilities managing hazardous waste (defined
in Chapter 260a.-261a.). Phase I Criteria apply to all hazardous waste treatment and/or disposal facilities and
modification to the facility outside the facility site defined by the original permit (if the permit has not been issued, the
permit application) with the following exceptions:
1.
A facility sited and substantially constructed in good faith prior to September 21, 1985;
2.
Modifications to a facility within the existing facility site.
Phase II criteria apply to all hazardous waste treatment or disposal facilities and modifications, including the exceptional
circumstances indicated by Items 1 and 2, above.
Environmental Assessment Process:
The Environmental Assessment Process applies to the siting of hazardous waste storage facilities (storage as defined in
Chapter 260a.), including surface impoundments to be used exclusively for storage.
PROCEDURES
Permit applicants should submit a completed copy of this module with the permit application submission. In addition, a
USGS 7.5 minute topographic quadrangle map, indicating the perimeter of the facility site (to approximate scale) and all
environmental resource areas (as indicated by this module) shall be provided.
Environmental Siting Criteria:
If the permit applicant/permittee intends to site a hazardous waste treatment and/or disposal facility subject to the
Environmental Siting Criteria (as determined in the “Applicability” section, herein), then Section One of this module should
be completed. The applicant should complete Phase I prior to Phase II. Applicants should answer each question which
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applies to the type of facility they intend to operate and provide the required additional information for all affirmative
responses. Attachments may be necessary if additional information is required.
When locating a facility site with respect to the boundaries of environmental impact areas identified by Phase I and II of
the siting criteria, applicants should be aware that distances from a facility to a feature or structure (described by these
criteria) shall be measured from the perimeter of the facility site. “Facility Site” is defined as “all contiguous land owned or
under the control of an owner or operator of a hazardous waste facility and identified in the permit or permit application”
(ref. Chapter 269a.1(a)).
Environmental Assessment Process:
If the permit applicant/permittee intends to site a hazardous waste storage facility, then Section Two of this module may
be required to be completed. (It is recommended that permit applicants contact the appropriate Regional DEP-BLRWM
office prior to completion of this Section.)
Applicants should answer each question in Part A of Section Two and provide the required additional information for all
affirmative responses. Part B of Section Two need not be completed unless requested by the Department. Attachments
may be required if additional information is required.
When locating a facility site with respect to the boundaries of environmental impact areas identified by the Environmental
Assessment Process, applicants should be aware that distances from a facility to a feature or structure shall be measured
from the perimeter of the facility site. Facility site is defined “as all contiguous land owned or under the control of an
owner or operator of a hazardous waste facility and identified in the permit or permit application.”
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SECTION ONE - ENVIRONMENTAL SITING CRITERIA
Phase I - Exclusionary Criteria:
With the exception of the three items in Subsection C of this section, an affirmative response to any of the following
inquiries indicates exclusion of the proposed site under the Environmental Siting Criteria. (Note: where indicated below, if
the applicant can prove that operation of the facility is authorized by statute or ordinance of the agency responsible for the
identified environmental resource area, the exclusionary criteria for that specific environmental resource area may not
apply). Affirmative responses to items in Subsection C require that additional information be provided.
A.
Is the facility a Treatment or Disposal Facility, and
Regulatory
Citation
yes
no
269a.23
1)
Is all or part of the facility located in a wetland;
269a.26
2)
Is all or part of the facility located within a National Natural
Landmark, designated by the National Park Service or in
an historic site listed on the National Register of Historic
Places (Note: Statutory authorization to operate the facility
in such an area may exempt the facility from exclusion
from siting in that or those area(s));
269a.27
3)
Is all or part of the facility located on lands in public trust,
including state, county or municipal parks, units of the
National Park System, State Forests, the Allegheny
National Forest, State Game Lands, property owned by the
Pennsylvania Historic and Museum Commission, a
National Wildlife Refuge, National Fish Hatchery, or
National Environmental Center (Note: Statutory or
ordinance authorization to operate the facility in one of
these areas may exempt the facility from exclusion from
siting in that, or those, area(s));
269a.28
4)
Is all or part of the facility located in an agricultural area
established under the Agricultural Area Security Act
(3 P.S.§§901-905);
269a.28
5)
Is all or part of the facility located in an area identified as
Class I agricultural land by the Soil Conservation Service;
269a.29
6)
Is all or part of the facility located in a watershed of
Exceptional Value Waters.
B.
Is the facility a surface impoundment (for disposal), landfill, or land treatment facility, and
Regulatory
Citation
yes
no
269a.22
1)
Is all or part of the facility located in the 100 year
floodplain, or a larger area that the flood of record has
inundated;
269a.24
2)
Is all or part of the facility located over active or inactive oil
and gas wells (as defined in the Oil and Gas Act (58 P.S.
§§601.101-601.505)) or gas storage areas located within
or beneath the facility site;
269a.21(a)(1)
3)
Is all or part of the facility located within one-half mile of a
well or spring used for a community water supply;
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Regulatory
Citation
yes
no
269a.21(a)(2)
4)
Is all or part of the facility located within one-half mile of
either side of a stream or impoundment, for a distance of
five stream miles upstream of a surface water intake for a
community water supply.
269a.42(g)
5)
Is all or part of the facility located in an area underlain by
coarse unconsolidated deposits (i.e., well sorted valley fill
deposits and heavily fractured bedrock).
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C.
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The following criteria are exclusionary to siting the hazardous waste facilities identified, unless information, as
required, is provided which justifies exemption from the exclusionary criteria:
Regulatory
Citation
yes
no
269a.25
1)
Is the facility a surface impoundment (for disposal), landfill
or land treatment facility and is all or part of the facility
located over limestone or carbonate formations, where the
formations are greater than five feet in thickness and
present at the topmost geologic unit (Note: areas mapped
by the Pennsylvania Geologic Survey as underlain by
formations shall be excluded unless competent geologic
studies demonstrate the absence of formations under the
facility site);
269a.21(a)(3)
2)
Is the facility a landfill, land treatment or surface
impoundment (for disposal), and is it located within onehalf mile of an off-site private or noncommunity public well
or spring used as an active water supply;
If so, has the applicant demonstrated the availability of an
acceptable permanent alternative supply of like quantity,
yield and quality to the existing supply, and will the
applicant provide financial assurance that the alternate
supply will be made available at no additional cost to the
water supply owner for a period of time that shall be no
less than the bond liability period established in §264a.166
of the Department’s Rules and Regulations;
269a.22(b)
3)
Is the facility a treatment or incineration facility and is all or
part of the facility located in the 100 year floodplain or a
larger area that the flood of record has inundated;
If so, was the industrial use on the proposed site in
existence as of the effective date of the Pennsylvania
Flood Plain Management Act, Act of October 4, 1978
(P.L. 851, No. 166).
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Phase II - Environmental Assessment Criteria:
An affirmative response to any of the following inquiries requires that the applicant completely address the additional
questions set forth for that particular item. (The Department may require additional information, as deemed necessary).
Inability or failure to provide such information may result in permit application denial. Inability to adequately mitigate the
identified environmental impact may result in permit denial, with the exception of the items identified in Subsection A.(16)
of this Phase II section (regarding environmental assessment considerations).
If a facility is unable to mitigate the environmental impact identified by any of the items included in Subsection A.(16), the
Department may evaluate the social and economic benefits of the proposed facility to determine whether environmental
harm outweighs such benefits. (Note: If the facility is a surface impoundment (for disposal), land treatment facility, or
landfill, both Subsection A AND B, of this section, must be completed).
A.
Is the facility (1) a proposed treatment or disposal facility, or (2) a treatment or disposal facility sited and
substantially constructed in good faith prior to September 21, 1985, or (3) a modification within the existing facility
site, and:
Regulatory
Citation
269a.42(d)
yes
1)
no
Is all or part of the facility located in a landslide prone area
or adjacent to a landslide prone area?
If “yes”, has the applicant submitted information and
analyses which prove that the facility is designed to
provide adequate protection from potential landslides?
269a.42(h)
2)
Is all or part of the facility located within a five mile radius
of an earthquake epicenter, as mapped by the
Pennsylvania Geologic Survey, or the United States
Geologic Survey.
If “yes”, has the applicant specified design measures
necessary to withstand potential seismic events, and will
these measures provide adequate protection from potential
earthquake damage.
269a.44(b)
3)
Has all or part of the facility been previously mined by deep
or surface mining methods.
If “yes”, has the applicant provided the results of an
engineering study, (performed by a competent
geotechnical engineer) which:
a.
Assesses the probability and degree of surface
subsidence.
b.
Describes acceptable methods which have been
used or are proposed to stabilize the surface.
c.
Provides assurance that minerals providing support
will not be mined as long as hazardous waste
remains on site.
269a.46(a)
4)
Is all or part of the facility located greater than five miles
travel distance of interstate or limited access highways.
269a.46(a)
5)
Is any part of the facility not served by roads capable of
handling anticipated truck traffic or by a dedicated limit
access highway.
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Regulatory
Citation
yes
no
If “yes” (to inquiries (4) and/or (5) above), has the
applicant provided analyses to allow assessment of (a) the
proximity of the facility to interstate highways, (b) the effect
of the proposed facility upon the community in the
transportation corridor and to and from the facility.
Is a highway improvement plan required, and, if so, has
one been provided.
269a.46(b)
6)
Is the facility located where the transportation corridor
(between any facility entrance and the nearest interstate or
limited access highway) is the primary access for more
than five residential dwellings per road mile, or less than
five residential dwellings per road mile when schools,
community parks, or hospitals also located along the
corridor.
If “yes”, has the applicant provided information and
analyses to assess the effect that the proposed facility will
have upon safety and traffic congestion.
269a.46(c)
7)
Is the facility located where there are more than four
intersections per mile between any entrance to the facility
and the nearest interstate or limited access highway.
If “yes”, has the applicant provided information and
analyses which assess the effect that the proposed facility
will have upon safety and traffic congestion.
269a.48(c)
8)
Is all or part of the facility located less than one mile from:
an airport
a school
a community park
a hospital
a church
a retail center
a nursing home
If “yes”, has the applicant provided information and
analysis to assess the effect that the proposed facility will
have on the use of any of these facilities.
269a.49(a),(c)
9)
Will siting of the facility adversely effect the economy of the
host and contiguous municipalities and municipalities
contiguous to the transportation corridor to the nearest
interstate or limited access highway, resulting in a net loss
of revenue?
If “yes”:
269a.49(b)
10)
1.
Has the applicant provided information and
analyses which assess compensation needed to
offset such actual net loss of revenues;
2.
Has the applicant provided information and
analyses which assess employment and future
economic development generated as a result of the
location of the facility which may offset a decrease
in the local economy.
Will siting of the facility result in an increase in the cost of
services provided by local government?
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Regulatory
Citation
yes
no
If “yes”, has the applicant provided information and
analyses which assess the compensation needed to offset
net increases in such costs.
269a.49(d)
11)
Will siting of the facility result in a net increase in cost for
monitoring the facility by local government?
If “yes”:
269a.49(g)
12)
1.
Has the applicant provided information and
analyses which assess the need for compensation
for technical assistance which may offset these
costs.
2.
Has the applicant assessed provisions for site
access by local governments.
Is the facility located in an area underlain by coarse
unconsolidated deposits?
If “yes”, has the applicant provided information and
analyses to further assess the site to determine the
environmental impact of these subsurface conditions.
269a.47
13)
Is the facility located in an area with adequate safety
services (based on the following):
Has the applicant provided information and analysis which
assesses the adequacy of fire protection, police,
ambulance and other necessary safety services available
and willing to provide services to proposed facility?
Does the applicant’s proposed operation comply with the
requirements of 40 CFR Part 264, Subparts C and D
(relating to preparedness and prevention; contingency plan
and
emergency
procedures)
and
Chapter 264a.,
Subchapter D (relating to contingency plan and emergency
procedures).
269a.49(e)
14)
Has the applicant provided information and analyses which
assess a change in market value of property within the
local government caused by operation of the facility, and
the means by which operation of the facility may offset the
change.
269a.45(a)
15)
Is the facility a new treatment and disposal facility of which
all or part is located on any lands not either designated for
industrial use by existing municipal zoning or indicated as
industrial in officially adopted county or municipal
comprehensive plans or land use maps.
If “yes”, has the applicant provided information and
analysis which assesses the compatibility of the design of
the facility with zoning or land use controls. Where no
zoning exists, the applicant shall provide information and
analysis which assesses compatibility with existing land
use.
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Regulatory
Citation
269a.50
yes
16)
no
Environmental Assessment Considerations
If the facility is (1) a proposed treatment or disposal facility,
or (2) a treatment or disposal facility sited and substantially
constructed in good faith prior to September 21, 1985, or
(3) a modification within the existing facility site, then the
applicant must respond to inquiries 16(a)-(o), as follows.
An affirmative response to any of the following requires
that the applicant provide additional information, as
indicated.
If, after consideration of the mitigation measures proposed
by the applicant, the Department determines that
significant environmental harm will occur, the Department
will evaluate the social and economic benefits of the
proposed facility to determine whether harm outweighs the
benefits. (Environmental impact assessment is not limited
to the resources identified in this subsection. There may
be additional potentially affected resources which may be
identified by the Department for the applicant.
The
applicant is required to address these additional resources
in the same manner as described herein or as the
Department determines)
269a.50(b)(1)
a)
Is the proposed facility located within one mile of the
corridor of a stream or river designated as a national or
state wild, scenic, recreational, pastoral, or modified
recreation river under the National Wild and Scenic Rivers
Act of 1968, or the Pennsylvania Scenic Rivers Act.
If “yes”, did the applicant:
269a.50(b)(2)
b)
1.
Identify the river, the outline of the designated
corridor, and the location of the project within the
proximity of the corridor.
2.
Describe how the project conforms to the Land
Management Guidelines and Studies or Plans for
the corridor or designation of statutes.
Is the project located within one mile of the nearest bank
of a stream or river listed as a 1-A priority for study by the
Pennsylvania Department of Environmental Resources as
a state wild, scenic, recreational, pastoral, or modified
recreational river; or mandated by the U.S. Congress for
study or determined by the U.S. Park Service to meet the
criteria for study for potential inclusion into the National
Wild and Scenic Rivers System?
If “yes”, did the applicant:
1.
Identify the river or stream and its distance from the
project.
2.
Conduct visual and traffic analyses as specified in
the applicant guidelines.
3.
Describe the characteristics of the project which
might create adverse environmental, visual, or
traffic impacts on or in the vicinity of the river or
stream.
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Regulatory
Citation
yes
no
4.
269a.50(b)(3)
c)
Describe the measures to be taken to minimize
adverse impacts on the river or stream.
Is the facility located within one mile of a unit of the
National Parks System; a state, county, or municipal park;
a recreation facility operated by the U.S. Army Corps of
Engineers; a state forest picnic area; or the Allegheny
River Reservoir in the Allegheny National Forest.
If “yes”, did the applicant:
269a.50(b)(4)
d)
1.
Identify the park or other area and its distance from
the project.
2.
Conduct visual and traffic analyses as specified in
the applicant guidelines.
3.
Describe the characteristics of the project which
might create adverse environmental, visual, or
traffic impacts on the park or other area.
4.
Describe measures to be taken to minimize adverse
impacts on the park or other area.
Is the facility located within one mile of the footpath of the
Appalachian Trail or other state designated trail.
If “yes”, did the applicant:
269a.50(b)(5)
e)
1.
Indicate the distance from the project to
Appalachian Trail, or other state designated land.
2.
Conduct visual and traffic analyses as specified in
the applicant guidelines.
3.
Describe the characteristics of the project which
might create adverse environmental, visual, or
traffic impacts on the Appalachian Trail or other
state designated trail.
4.
Describe measures to be taken to minimize adverse
impacts on the Appalachian Trail or other state
designated trail.
Is the facility located within one mile of a national natural
landmark designated by the U.S. National Park Service; or
a natural area or wild area designated by the Pennsylvania
Environmental Quality Board?
If “yes”, did the applicant:
1.
Identify the natural landmark, natural area and its
distance from the project.
2.
Conduct visual and traffic analyses as specified in
the applicant guidelines.
3.
Describe the characteristics of the project which
might create adverse environmental, visual, or
traffic impacts on the park or other wild area.
4.
Describe measures to be taken to minimize adverse
impacts on the park or other wild area.
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Regulatory
Citation
269a.50(b)(6)
yes
f)
no
Is the facility located within one mile or within an identified
potential impact area of a national wildlife refuge, national
fish hatchery, or national environmental center operated by
the U.S. Fish and Wildlife Service?
If “yes”, did the applicant:
269a.50(b)(7)
g)
1.
Identify the wildlife refuge, fish hatchery or
environmental center and its distance from the
project.
2.
Conduct visual and traffic analyses as specified in
the applicant guidelines.
3.
Describe the characteristics of the project which
might create adverse environmental, visual, or
traffic impacts on the wildlife refuge, fish hatchery,
or environmental center.
4.
Describe measures to be taken to minimize adverse
impacts on the wildlife refuge, fish hatchery, or
environmental center.
Is the facility located within one mile of an historic property
owned by the Pennsylvania Historical and Museum
Commission?
If “yes”, did the applicant:
269a.50(b)(8)
h)
1.
Identify the historic property and its distance from
the project.
2.
Conduct visual and traffic analyses as specified in
the applicant guidelines.
3.
Describe the characteristics of the project which
might create adverse environmental, visual, or
traffic impacts on the historic property.
4.
Describe measures to be taken to minimize adverse
impacts on the historic property.
Is the facility located within ¼ mile of an historic site listed
in the Pennsylvania Inventory of Historic Places; or an
archaeological
site
listed
in
the
Pennsylvania
Archaeological Site Survey?
If “yes”, did the applicant:
1.
Identify the historic or archaeological site, and its
distance from the project.
2.
Describe the characteristics of the project which
might create adverse impacts on the historic or
archaeological site.
3.
Describe measures to be taken to minimize adverse
impacts on the historic or archaeological site.
4.
Indicate any contact had with the Pennsylvania
Historical and Museum Commission about the
project.
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Regulatory
Citation
269a.50(b)(9)
yes
i)
no
Is the facility located within one mile of an historic site
listed in the National Register of Historic Places?
If “yes”, did the applicant:
269a.50(b)(10)
j)
1.
Identify the historic property and its distance from
the project.
2.
Describe the characteristics of the project which
might create adverse impacts on the historic site.
3.
Describe measures to be taken to minimize adverse
impacts on the historic site.
4.
Indicate any contact made with the Pennsylvania
Historical and Museum Commission.
Is the facility within one mile of the boundary of a state
forest or state game land; or the proclamation boundary of
the Allegheny National Forest?
If “yes”, did the applicant:
269a.50(b)(11)
k)
1.
Identify the forest or game land and its distance
from the project.
2.
Describe the characteristics of the project which
might create adverse impacts on the forest or game
land.
3.
Describe measures to be taken to minimize adverse
impacts of the project on the forest, game land, or
resource.
Is the facility located within an area which is a habitat of a
rare, threatened, or endangered species of plant or animal
protected by the Federal Endangered Species Act of 1973,
the Wild Resource Conservation Act or recognized by the
Pennsylvania Fish Commission or Pennsylvania Game
Commission?
If “yes”, did the applicant:
1.
Identify the species and the habitat area and the
location of the project within the area;
2.
Describe the characteristics of the project which
might create adverse impacts on the species or
habitat;
3.
Describe measures to be taken to minimize adverse
impacts on the species or habitat;
4.
Describe any contact had with the Pennsylvania
Fish
Commission,
Pennsylvania
Game
Commission, Pennsylvania Historical and Museum
Commission, or U.S. Fish and Wildlife Service
about the project.
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Regulatory
Citation
269a.50(b)(12)
yes
l)
no
Will the facility, absent control measures, result in an
increase in the peak discharge rate for stormwater
drainage from the project site?
If “yes”, did the applicant:
1.
Describe the amount of increase in the discharge
rate for stormwater drainage;
2.
Describe adverse impacts that might result from the
increase in peak discharge rate for stormwater
drainage;
3.
Describe measures to be taken to minimize adverse
impacts from the increase in the peak discharge
rate for stormwater drainage;
4.
Demonstrate that the proposed facility is in
conformance
with
the
official
stormwater
management plan required by the Stormwater
Management Act.
If “no”, provide documentation supporting this judgment.
269a.50(b)(13)
m)
Is the facility proposed to be located in a watershed for
which a formal written request for designation as
Exceptional Value Watershed has been received by the
Department or the Environmental Quality Board.
If “yes”, did the applicant:
269a.50(b)(14)
n)
1.
Identify the stream and watershed, and the distance
of the stream from the project.
2.
Describe the characteristics of the project which
might create adverse impacts on the stream.
3.
Describe measures to be taken to minimize adverse
impacts on the stream.
4.
Provide information and analyses which assess the
impact of the proposed facility on pending
designation.
Will the facility generate a wastewater discharge which
could degrade waters designated as High Quality Waters
under Chapter 93 (relating to water quality standards) or
waters for which a formal written request for designation
has been received by the Department or the Environmental
Quality Board?
If “yes”, has the applicant demonstrated that:
1.
The discharges are justified as a result of
necessary economic or social development which is
a significant public value.
2.
The discharges above or in combination with other
anticipated discharges of pollutants to the waters,
will not preclude a use presently possible in the
waters and downstream from the waters, and will
not result in a violation of the numerical water
quality criteria specified in §93.9 which are
applicable to the receiving waters.
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269a.50(b)(15)
3/2006
o)
Is the proposed facility to be located on prime or unique
agricultural land as defined by the Soil Conservation
Service; lands currently in agricultural use, or lands of
statewide importance as designated by the Soil
Conservation Service?
If “yes”, did the applicant:
B.
1.
Identify the location and acreage of such lands
respective to the facility.
2.
Provide information and analyses which assess the
proposed facility’s consistency with Commonwealth
policy (i.e., Executive Order 1982-3, regarding
agricultural lands.)
Is the facility a surface impoundment (for disposal), land treatment facility, or landfill, and:
Regulatory
Citation
269a.41(a)
yes
1)
no
Is all or part of the facility within the ground-water recharge
area for public or private water supplies.
If “yes”, has the applicant:
269a.41(b)
269a.41(c)
a.
Delineated the position of the proposed facility
within relevant groundwater flow systems.
b.
Identified all public and private water supplies and
water treatment plants which may be adversely
effected by groundwater flow impacted by the
facility.
c.
For water supplies or water treatment plants
identified in (b) above, has the applicant provides a
detailed hydrogeologic study including:
d.
1.
Hydraulic conductivity of the aquifer for the
water supplier.
2.
Hydraulic conductivity of
deposits underlying the site.
3.
Assessment of the influence of faults,
fractures, or other structural geologic features
upon hydraulic conductivity and groundwater
flow directions.
4.
Pumping rates of water supply wells and the
areal extent and configuration of the cone of
pumping depression associated with these
wells in relation to the ground water table of
the surrounding areas.
the
geologic
For water suppliers or water treatment plants
determined by the hydrogeologic study required by
(c), above, has the applicant demonstrated:
1.
That the hydrogeologic characteristics of the
site and adjacent areas assure that
implementation
of
the
groundwater
monitoring well program will provide
protection of water supplies and water
treatment plants from potential contamination;
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Regulatory
Citation
269a.42(a)
yes
2)
no
Is all or part of the facility located less than one mile from a
major structural feature (a “major structural feature” is a
fault mapped by the Pennsylvania Geologic Survey or the
U.S. Geologic Survey at a scale of four miles/inch).
If “yes”, has the applicant provided information and
analyses which assess the compatibility of the proposed
facility design with the faults in the area.
269a.42(b)
3)
Is all or part of the facility located in an area where depth to
bedrock is less than 15 feet (Note: where facility
construction requires excavation, final depth to bedrock
shall be considered).
If “yes”, has the applicant provided information and
analyses which assess the compatibility of the design and
construction of the proposed facility with the bedrock
depth.
269a.42(c)
4)
Is all or part of the facility located in an area with slopes
exceeding 15%.
If “yes”, has the applicant: provided information and
analyses which assess the compatibility of the design and
construction measures for the proposed facility that would
minimize adverse effects.
269a.42(e)
5)
Is all or part of the facility located in an area where
abandoned oil and gas wells, and gas storage areas exist
within? (Abandoned oil and gas wells and gas storage
areas as defined in the Oil and Gas Act).
If “yes”, has the applicant provided information and
analyses which assess the probability and degree of
subsurface discharges to be expected from the existence
of such areas within the facility, after wells are plugged.
269a.42(f)
6)
Is all or part of the facility located over areas underlain by
carbonate bedrock.
If “yes”, has the applicant provided information and
analyses which assess the prevalence of solution channels
and the potential for sinkholes at the facility site.
269a.43(b)
7)
Is all or part of the facility located so that the capacity of the
soil to exchange cations expressed as a sum for
exchangeable cations is less than 15 milliequivalents per
100 grams of soil.
If “yes”, has the applicant provided information and
analyses which assess the soil cation exchange capacity in
relation to the potential for migration of contaminants from
the facility.
269a.44
8)
Is all or part of the facility located in or over an area where
the applicant does not own the mineral rights and the area
has been previously mined?
If “yes”, has the applicant:
a.
Determined the ownership of mineral rights with the
property deed to the facility.
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Regulatory
Citation
yes
no
b.
269a.43(a)
9)
Provided certification (based on a property title
search) that ownership of all mineral rights is or will
be held by the applicant, and that these rights will
not be severed from the property as long as
hazardous waste remains therein.
Is the facility a land treatment facility, and is the soil pH
within the facility less than 6.0?
If “yes”, has the applicant provided information and
analyses assessing the ability of the proposed facility to
mitigate adverse environmental effects resulting from
incompatible soil pH.
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SECTION TWO - ENVIRONMENTAL ASSESSMENT PROCESS
Part A - Environmental Assessment Considerations:
1.
Is the project located in the corridor of a stream or river designated as a national or state wild, scenic,
recreational, or modified recreational river in accordance with the National Wild and Scenic Rivers Act of 1968, or
the Pennsylvania Scenic Rivers Act?
Yes
No
If yes,
a)
b)
Identify the river, the outline of the designated corridor, and the location of the project within the corridor.
Describe how the project conforms to the Land Management Guidelines and Studies or Plans for the
corridor.
2.
Is the project located within one mile of the nearest bank of a stream or river listed as a 1-A priority for study by
the Pennsylvania Department of Environmental Resources as a state wild, scenic, recreational, or modified
recreational river; or mandated by the U. S. Congress for study or determined by the U. S. Heritage Conservation
and Recreation Service to meet the criteria for study for potential inclusion into the National Wild and Scenic
Rivers System?
Yes
No
If yes,
a)
Identify the river or stream and its distance from the project.
b)
Conduct visual and traffic analyses as specified in the applicant guidelines.
c)
Describe the characteristics of the project which might create adverse environmental, visual, or traffic
impacts on or in the vicinity of the river or stream.
d)
Describe measures to be taken to minimize adverse impacts on the river or stream.
3.
Is the project located within one mile of a unit of the National Parks System; a state, county, or municipal park; a
recreation facility operated by the U. S. Army Corps of Engineers; a state forest picnic area; or the Allegheny
River Reservoir in the Allegheny National Forest?
Yes
No
If yes,
a)
Identify the park or other area and its distance from the project.
b)
Conduct visual and traffic analyses as specified in the applicant guidelines.
c)
Describe the characteristics of the project which might create adverse environmental, visual, or traffic
impacts on the park or other area.
d)
Describe measures to be taken to minimize adverse impacts on the park or other area.
4.
Is the project located within one mile of the footpath of the Appalachian Trail?
Yes
No
If yes,
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a)
Indicate the distance from the project to the Appalachian Trail.
b)
Conduct visual and traffic analyses as specified in the applicant guidelines.
c)
Describe the characteristics of the project which might create adverse environmental, visual, or traffic
impacts on the Appalachian Trail.
d)
Describe measures to be taken to minimize adverse impacts on the Appalachian Trail.
5.
Is the project located within one mile of a national natural landmark designated by the U. S. National Park
Service; or a natural area or wild area designated by the Pennsylvania Environmental Quality Board?
Yes
No
If yes,
a)
Identify the natural landmark, natural area, or wild area and its distance from the project.
b)
Conduct visual and traffic analyses as specified in the applicant guidelines.
c)
Describe the characteristics of the project which might create adverse environmental, visual, or traffic
impacts on the natural landmark, natural area, or wild area.
d)
Describe measures to be taken to minimize adverse impact on the natural landmark, natural area, or wild
area.
6.
Is the project located within one mile or within an identified potential impact area of a national wildlife refuge,
national fish hatchery, or national environmental center operated by the U.S. Fish and Wildlife Service?
Yes
No
If yes,
a)
Identify the wildlife refuge, fish hatchery, or environmental center and its distance from the project.
b)
Conduct visual and traffic analyses as specified in the applicant guidelines.
c)
Describe the characteristics of the project which might create adverse environmental, visual, or traffic
impacts on the wildlife refuge, fish hatchery, or environmental center.
d)
Describe measures to be taken to minimize adverse impacts on the wildlife refuge, fish hatchery, or
environmental center.
7.
Is the project located within one mile of a historic property owned by the Pennsylvania Historical and Museum
Commission?
Yes
No
8.
a)
Identify the historic property and its distance from the project.
b)
Conduct visual and traffic analyses as specified in the applicant guidelines.
c)
Describe the characteristics of the project which might create adverse environmental, visual, or traffic
impacts on the historic property.
d)
Describe measure to be taken to minimize adverse impacts on the historic property.
Is the project located within ¼ mile of a historic site listed in the National Register of Historic Places; or an
archaeological site listed in the Pennsylvania Archaeological Site Survey?
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Yes
3/2006
No
If yes,
a)
Identify the historic or archaeological site, and its distance from the project.
b)
Describe the characteristics of the project which might create adverse impacts on the historic or
archaeological site.
c)
Describe measures to be taken to minimize adverse impacts on the historic or archaeological site.
d)
Indicate any contact you have had with the Pennsylvania Historical and Museum Commission about the
project.
9.
Is the project within ¼ mile of the boundary of a state forest or state game land; or the proclamation boundary of
the Allegheny National Forest?
Yes
No
If yes,
a)
Identify the forest or game land and its distance from the project.
b)
Describe the characteristics of the project which might create adverse impacts on the forest or game land.
c)
Describe measures to be taken to minimize adverse impacts of the project on the forest or game land.
10.
Is the project located within an area which is a habitat of a rare, threatened, or endangered species of plant or
animal protected by the Federal Endangered Species Act of 1973, or recognized by the Pennsylvania Fish
Commission or Pennsylvania Game Commission?
Yes
No
If yes,
a)
Identify the species and the habitat area and the location of the project within the area.
b)
Describe the characteristics of the project which might create adverse impacts on the species or habitat.
c)
Describe measures to be taken to minimize adverse impacts on the species or habitat.
d)
Describe any contact you have had with the Pennsylvania Fish Commission, Pennsylvania Game
Commission, Pennsylvania Historical and Museum Commission, or U.S. Fish and Wildlife Service about
the project.
11.
Is the project located on prime farmland (Class I and II soils) as indicated in the U.S. Soil Conservation Service
County Soil Survey?
Yes
No
If yes, identify the location and acreage of prime farmland and the location of the project.
12.
Is the project, including any incidental earthmoving or construction activities, located in or within 300 feet of a
wetland.
Yes
No
If yes,
a)
Identify the location and size of the wetland and the location of the project.
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b)
Is a permit required for the project for filling or dredging the wetland, under Section 404 of the Federal
Clean Water Act?
c)
Describe any contact you have had with the U.S. Army Corps of Engineers or the U.S. Fish and Wildlife
Service about the project.
d)
Is a permit required for the project for a dam or waterway obstruction in the wetland, under Chapter 105
of the Rules and Regulations of Pennsylvania Department of Environmental Resources?
13.
Is the project located within a Special Protection Watershed, as designated in Chapter 93 of the Rules and
Regulations of the Pennsylvania Department of Environmental Resources?
Yes
No
If yes,
a)
Identify the stream and watershed, and the distance of the stream from the project.
b)
Describe the characteristics of the project which might create adverse impacts on the stream.
c)
Describe measures to be taken to minimize adverse impacts on the stream.
14.
Is the project located within the watershed or aquifer, and within one mile of a public water supply facility
dependent on groundwater sources; or upstream, within the watershed, and within three miles of a public water
supply facility dependent on surface source.
Yes
No
If yes,
a)
Identify the public water supply facility, and its supply source; located both on a topographic map; and
indicate their distance from the project.
b)
Briefly describe the public water supply facility, including capacity and population served.
c)
Describe measures to be taken to protect the public water supply facility from any potential harm.
15.
Is the project located within a 100-year floodplain as indicated on a Flood Boundary and Floodway Map contained
in a flood insurance study prepared by the Federal Insurance Administration, or a determined by some other
method if a Flood Boundary and Floodway Map is not available?
Yes
No
If yes,
16.
a)
Is the project located in the floodway, based on available detailed studies?
b)
Is a permit required for the project under Chapter 105 of the Rules and Regulations of the Pennsylvania
Department of Environmental Resources?
c)
Describe any contacts you have had with the Bureau of Dams and Waterway Management about the
project.
d)
Is a permit required by the local municipality under the Floodplain Management Act?
e)
Describe any contact you had had with the municipality about the project.
Will the project, absent control measures, result in an increase in the peak discharge rate for stormwater drainage
from the project site?
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Yes
3/2006
No
If yes,
a)
Describe the amount of increase in the peak discharge rate for stormwater drainage.
b)
Describe adverse impacts that might result from the increase in peak discharge rate for stormwater
drainage.
c)
Describe measures to be taken to minimize adverse impacts from the increase in the peak discharge rate
for stormwater drainage.
If no, provide documentation supporting this judgment.
17.
Is the project located in a landslide, sinkhole, or mine-subsidence prone area?
Yes
No
If yes,
a)
Identify the geologic hazard and the location of the project.
b)
Indicate how the geologic hazard will affect the project.
c)
Describe engineering and design measures to be taken to minimize the geologic hazard to the project
and prevent an increase in danger from the hazard to other property owners in the vicinity.
18.
Will the project create an increase in traffic on the approach route(s) leading to the project?
Yes
No
If yes,
a)
19.
1)
design capacities, roadway width and condition:
2)
average daily traffic counts (if available from Pennsylvania Department of Transportation);
3)
hazardous grades or curves.
b)
Describe the expected traffic increase; include number, type, size and weight of vehicles and distribution
on approach routes.
c)
Identify and indicate number of residences fronting (50 feet setback or less) on approach route(s) to the
project site.
d)
Identify any schools, hospitals, or nursing homes located on the approach route(s) to the project site.
e)
Describe any special routing or timing of traffic to the project site to be provided to minimize conflict with
other traffic or to prevent safety hazards. Traffic impacts analyzed for previous questions should be
briefly mentioned.
If the project is a solid waste disposal facility disposing of putrescrible wastes,
a)
Yes
Identify the approach route(s) to the project site, and describe them in terms of:
Is it located within 10,000 feet of a public use airport runway used by turbo jet aircraft?
No
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b)
Yes
3/2006
Is it within 5,000 feet of a public use airport runway used by only piston- type aircraft?
No
If yes, identify the airport and its distance from the project.
Part B - Economic and Social Considerations:
If the Department finds that the project will cause unavoidable significant environmental harm, the Department will then
determine whether the harm outweighs the public social and economic benefits of the project. The following questions
request information regarding social and economic benefits.
1.
Indicate the counties and/or municipalities which will comprise the service area 1 of the project, and the estimated
proportion of the total volume and type of solid wastes which will come from each.
2.
Describe how wastes will be transported from their source to the project (include mode and handling enroute).
3.
Is the project consistent with local, county or regional solid waste plans, if such plans exist? Indicate which plans
have been consulted and explain why the project is or is not consistent with each.
4.
What factors indicate the need for the project in the identified service area? Cite local plans, if applicable; present
and future expected solid waste volumes and their source within the service area; adequacy of existing facilities to
meet present and future needs, etc.
5.
If the project will handle industrial wastes, indicate the types of industries which need disposal services, number
of establishments to be served, general locations of establishments, employment in these establishments, and
their economic importance. Describe why these wastes are not presently being handled adequately. What will be
the impact on industries if a disposal facility is not available?
6.
Describe factors (such as location, transportation, geology, etc.) which make the proposed project site well-suited
to serve the needs described above. Compare the proposed site with other potential sites which have been
considered, or which may be available within, or reasonably close to, the service area.
7.
What revenues will be generated by the project for local jurisdictions (counties, local governments, school
districts, etc.) in the form of fees, taxes, royalties, etc.? List type, amount and frequency of payment (yearly,
monthly, one-time, etc.).
8.
How many people will be employed directly in operating the project and what are their occupations? What will the
estimated yearly payroll (in present dollars) be for the project.
9.
Include any additional relevant information which would indicate the public social and economic benefits to be
provided by the project.
1
Service area is that area or areas in which wastes handled at the project will be generated.
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