25 Pa. Code § 271.842 - Determination of applicability
(a)
This section sets forth standards and procedures that are applicable to general
permits which require persons or municipalities to apply for and obtain a
determination of applicability from the Department prior to conducting the
activity authorized by the general permit. The requirements in this section are
in addition to the applicable requirements of §
271.841 (relating to inclusion in
a general permit).
(b) An
application for a determination of applicability under this subchapter shall be
accompanied by a nonrefundable fee in the form of a check payable to the
"Commonwealth of Pennsylvania" for $500.
(c) The Department will provide notice in the
Pennsylvania Bulletin of each application for a determination
of applicability for a general permit which the Department has determined to be
administratively complete. For applications for determinations of applicability
for a general permit for construction materials, the notice will indicate that
interested persons or municipalities may submit comments to the Department
within 60 days recommending revisions to and approval or disapproval of the
application, unless the 60-day notice requirement is waived by the Department.
The Department may hold a public meeting or public hearing on an application
for determination of applicability for a general permit for construction
materials.
(d) The Department will
make a determination that a general permit is or is not applicable to an
activity for which an application for determination of applicability is filed
under §
271.841 within 60 days from the
publication of the notice under subsection (c) or for construction materials
when a 60-day comment period is provided, within 120 days after publication of
the notice under subsection (c). The time period does not include periods
beginning with the date that the Department in writing has requested the
applicant to make substantive corrections or changes to the application and
ending with the date that the applicant submits corrections or changes to the
Department's satisfaction. Failure by the Department to comply with this
timetable will not be construed or understood to constitute grounds for a
determination that the general permit applies to the proposed
activity.
(e) The Department will
determine that the general permit does not apply to the proposed beneficial use
or processing activity and will deny coverage under the general permit if the
applicant fails to demonstrate to the Department's satisfaction that the
proposed activity is consistent with the terms and conditions of the general
permit, and does not have the potential to harm or present a threat of harm to
the health, safety or welfare of the people or environment of this
Commonwealth.
(f) The Department
will provide written notice of its determination that a general permit is or is
not applicable to an activity for which a determination of applicability is
required to the host municipality and the appropriate county, county planning
agency and county health department, if one exists, for the applicant's
proposed primary or first beneficial use or processing operation under the
general permit and will publish notice of its decision in the
Pennsylvania Bulletin .
(g) The Department may amend, suspend or
revoke coverage under a general permit if a person or municipality authorized
to conduct solid waste activities under a general permit is not in compliance
with the permit conditions or for one or more of the reasons in subsection
(e).
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