Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 4000.511. Site limitation

(a) General rule.--The department shall not issue a permit for, nor allow the operation of, a new municipal waste landfill, a new commercial residual waste treatment facility or a new resource recovery facility within 300 yards of a building which is owned by a school district or a parochial school and used for instructional purposes, parks or playgrounds existing prior to the date the department has received an administratively complete application for a permit for such facilities.  This subsection shall not affect any modification, extension, addition or renewal of existing permitted facilities.

(b) Existing features.--In applying subsection (a), the department shall use the same provisions concerning existing features that are present in its municipal waste regulations for other areas where municipal waste landfills and resource recovery facilities are prohibited.

(c) Authorization.--Nothing in this section shall prevent the department from establishing site limitations by regulation under the Solid Waste Management Act, in addition to or more stringent than those established in this section.

(d) Exemption by request.--The current property owner under subsection (a) in which a new facility is proposed may waive the 300-yard prohibition by signing a written waiver, and, upon such request, the department shall waive the 300-yard prohibition and shall not use such prohibition as the basis for the denial of a new permit.

(e) Waiver.--The department may grant a waiver of the property line setback requirement in the department's regulations under the Solid Waste Management Act for resource recovery facilities if, upon petition by a permit applicant, the department determines that the proposed facility is in conformance with local zoning codes and that the operation of the facility would result in an overall reduction in air emissions and that all owners of occupied dwellings within the above setbacks have provided written waivers consenting to the facility being closer than required in the regulations.