25 Pa. Code § 287.123 - Right of entry
(a) Each
application shall contain a description of the documents upon which the
applicant bases his legal right to enter and operate a residual waste
processing or disposal facility within the proposed permit area. The
application shall also state whether that right is the subject of pending
litigation.
(b) The application
shall provide one of the following for lands within the permit area:
(1) A copy of the written consent to the
applicant by the current landowner to operate a residual waste processing or
disposal facility.
(2) A copy of
the document of conveyance that expressly grants or reserves the applicant the
right to operate a residual waste processing or disposal facility and an
abstract of title relating the documents to the current landowner.
(c) Each application shall
include, upon a form prepared and furnished by the Department, the irrevocable
written consent of the landowner to the Commonwealth and its authorized agents
to enter the proposed permit area. The consent shall be applicable prior to the
initiation of operations, for the duration of operations at the facility, and
for up to 10 years after final closure for the purpose of inspection and
monitoring, maintenance or abatement measures deemed necessary by the
Department to carry out the purposes of the act and the environmental
protection acts.
(d) The forms
required by subsections (b) and (c) shall be recordable documents. Prior to the
initiation of operations under the permit, the forms shall be recorded by the
applicant at the office of the recorder of deeds in the county in which the
proposed permit area is situated. This subsection does not apply to
agricultural utilization permits under Chapter 291 (relating to land
application of residual waste).
(e)
Subsequent landowners shall be deemed to have constructive knowledge if the
forms required by this section have been properly filed at the office of the
recorder of deeds in the county in which the proposed solid waste activity is
situated.
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