25 Pa. Code § 23.1 - Petitions
(a) Petitions shall
be submitted on forms supplied by the Department to the Secretary of the
Department of Environmental Protection, Rachel Carson State Office Building,
Post Office Box 2063, Harrisburg, Pennsylvania 17105-2063, and shall contain
the following information:
(1) The
petitioner's name, address and telephone number.
(2) A description of the action requested in
the petition and one of the following:
(i)
Suggested regulatory language if the petition requests that the EQB adopt or
amend regulations.
(ii) A specific
citation to the regulations to be repealed if the petition requests that the
EQB repeal existing regulations.
(3) The reason the petitioner is requesting
this action from the EQB, including factual and legal contentions as well as
supporting documentation which establish the petitioner's justification for the
requested action by the EQB.
(4)
The types of persons, businesses and organizations likely to be impacted by
this proposal.
(5) For petitions
for redesignation of streams under Chapter 93 (relating to water quality
standards) and The Clean Streams Law (35 P. S. §§
691.1-691.1001), the petition shall include
the following information to satisfy paragraph (3):
(i) A clear delineation of the watershed or
stream segment to be redesignated, both in narrative form and on a
map.
(ii) The current designated
uses of the watershed or segment.
(iii) The requested designated uses of the
watershed or segment.
(iv)
Available technical data on instream conditions for the following: water
chemistry, the aquatic community (benthic macroinvertebrates or fishes, or
both) or instream habitat. If these data are not included, provide a
description of the data sources investigated.
(v) A description of existing and proposed
point and nonpoint source discharges and their impact on water quality or the
aquatic community, or both. The names, locations and permit numbers of point
source discharges and a description of the types and locations of nonpoint
source discharges should be listed.
(vi) Information regarding any of the
qualifiers for designation as High Quality Waters (HQ) or Exceptional Value
Waters (EV) in §
93.4b (relating to qualifying as
high quality or exceptional value waters) used as a basis for the requested
designation.
(vii) A general
description of land use and development patterns in the watershed. Examples
include the amount or percentage of public lands (including ownership) and the
amount or percentage of various land use types (such as residential,
commercial, industrial, agricultural and the like).
(viii) The names of all municipalities
through which the watershed or segment flows, including an official contact
name and address.
(ix) Locational
information relevant to subparagraphs (iv)-(viii) (except for contact names and
addresses) displayed on maps, if possible.
(b) The general procedures in this chapter
apply to petitions unless the EQB adopts specific procedures for a particular
type of petition. Special procedures have been adopted for petitions requesting
that the EQB designate an area as unsuitable for mining activity. These
petitions are reviewed under Chapter 86 (relating to surface and underground
coal mining: general).
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