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Allegheny River Headwaters Watershed Conservation Plan

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<strong>Allegheny</strong> <strong>River</strong> <strong>Headwaters</strong> <strong>Conservation</strong> <strong>Plan</strong><br />

Chapter 2. Land Resources<br />

guidelines, and tools to assess risks to habitat and wildlife, and mitigate impacts from the development of<br />

wind farms in Pennsylvania.<br />

Potter County established an ordinance regulating the construction, location, operation and<br />

decommissioning of wind turbine generators/energy facilities within the county. The ordinance<br />

establishes setback standards and safety requirements to protect the health, welfare and safety of its<br />

citizens. Currently McKean County does not have an ordinance regulating the development of wind<br />

energy.<br />

Hazardous Areas<br />

Hazardous areas include Superfund sites, hazardous waste haulers and storage facilities, illegal<br />

dumpsites, auto salvage yards, landfills, brownfield sites, and abandoned mines. These areas could<br />

contain potentially hazardous materials or conditions.<br />

Comprehensive Environmental Response Compensation and Liability Act<br />

The Comprehensive Environmental Response Compensation and Liability Act (CERCLA),<br />

commonly known as Superfund, was enacted in 1980 to provide broad federal authority to respond<br />

directly to releases of hazardous substances that may endanger public health or the environment (U.S.<br />

EPA, 2004). By creating a tax on chemical and petroleum industries, a trust fund was established to<br />

provide for cleanup when no responsible party can be identified. In 1986, the Superfund Amendment and<br />

Reauthorization Act (SARA) amended CERCLA.<br />

Short-and long-term action responses were identified in the law. Short-term actions require prompt<br />

response for releases or threatened releases. Long-term responses permanently and significantly reduce<br />

the dangers associated with releases or threats of releases of hazardous substances that are serious, but not<br />

immediately life threatening. Two Superfund sites are located within the project area—DuPont<br />

Explosives and Joyce National Powder.<br />

Prior to 1953, DuPont operated an explosive manufacturing plant in Custer City, Pa., where<br />

nitroglycerin was manufactured. After the plant closed, DuPont maintained the 20-acre site that contained<br />

two lagoons that may have contained nitroglycerin from a spill. The lagoons were purposely made to<br />

collect the spilled nitroglycerin. After a consent order was issued by U.S. EPA in 1988, the lagoons were<br />

enclosed with a six foot fence that was inspected monthly for five years. In addition, water samples were<br />

taken annually to ensure that hazardous materials were not escaping from the lagoon.<br />

Joyce National Powder, originally National Powder Corporation, a former explosives manufacturing<br />

plant was located near Eldred, Pa. Nitroglycerin was manufactured at the site from 1940 through the early<br />

1970s. In 1977, Joyce Powder purchased the property to produce Judymite, which it manufactured<br />

through the mid 1980s. Beginning in 1997, the buildings were sold off in parcels and the new owners<br />

found deteriorating containers of waste that primarily contained nitroglycerin and dinitrotoluene, along<br />

with picric acid, ethyl ether, nitric acid, and sodium hydroxide. Between September 1997 and September<br />

1998, cleanup activities occurred at the site, removing 100 drums and several roll-off containers of waste<br />

materials for proper disposal.<br />

Resource <strong>Conservation</strong> and Recovery Act<br />

The Resource <strong>Conservation</strong> and Recovery Act (RCRA) is a federal statute that regulates the<br />

transportation, handling, storage, and disposal of solid and hazardous materials. Federal facilities may<br />

control regulatory responsibilities, including obtaining permits, identifying and listing hazardous waste,<br />

adhering to procedures when transporting or disposing of waste, developing risk management plans, and<br />

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