An application shall contain the following
information for the 10-year period prior to the date on which the application
is filed:
(1) A description of notices
of violation, including the date, location, nature and disposition of the
violation, that were sent by the Department to the applicant or a related
party, concerning the act, the environmental protection acts, a regulation or
order of the Department or a condition of a permit or license. In lieu of a
description, the applicant may provide a copy of notices of
violation.
(2) A description of
administrative orders, civil penalty assessments and bond forfeiture actions by
the Department, and civil penalty actions adjudicated by the EHB, against the
applicant or related party concerning the act, the environmental protection
acts, a regulation or order of the Department or of a condition of a permit or
license. The description shall include the date, location, nature and
disposition of the actions. In lieu of a description, the applicant may provide
a copy of the orders, assessments and actions.
(3) A description of summary, misdemeanor or
felony convictions, pleas of guilty or pleas of no contest that have been
obtained in this Commonwealth against the applicant or a related party under
the act and the environmental protection acts or other acts in this
Commonwealth concerning the storage, collection, treatment, transportation,
processing or disposal of solid waste. The description shall include the date,
location, nature and disposition of the actions.
(4) A description of court proceedings
concerning the act or the environmental protection acts that was not described
under paragraph (3), in which the applicant or a related party has been party.
The description shall include the date, location, nature and disposition of the
proceedings.
(5) A description of
consent orders, consent adjudications, consent decrees or settlement agreements
in this Commonwealth entered by the applicant or a related party concerning the
act, the environmental protection acts or an environmental protection
ordinance, in which the Department, the EPA or a county health department was a
party. The description shall include the date, location, nature and disposition
of the action. In lieu of a description, the applicant may provide a copy of
the order, adjudication, decree or agreement.
(6) For facilities and activities identified
under §
287.124 (relating to
identification of interests), a statement of whether the facility or activity
was the subject of an administrative order, consent agreement, consent
adjudication, consent order, settlement agreement, court order, civil penalty,
bond forfeiture proceeding, criminal conviction, guilty or no-contest plea to a
criminal charge, or permit or license suspension or revocation under the act or
the environmental protection acts. If the facilities or activities were subject
to one or more of these actions, the applicant shall state the date, location,
nature and disposition of the violation. In lieu of a description, the
applicant may provide a copy of the appropriate document. The applicant shall
also state whether the Department has denied a permit application filed by the
applicant or a related party, based on compliance status.
(7) When the owner or operator is a
corporation, partnership or limited liability company, a list of each principal
shareholder, partner or member that has also been a principal shareholder,
partner or member of another corporation, partnership or limited liability
company which has committed violations of the act or the environmental
protection acts. The list shall include the date, location, nature and
disposition of the violation, and shall explain the relationships between the
principal shareholder, partner or member and both of the following:
(i) The owner or operator.
(ii) The other corporation, partnership or
limited liability company.
(8) A description of misdemeanor or felony
convictions, pleas of guilty, and pleas of no contest, by the applicant or a
related party for violations outside this Commonwealth of the environmental
protection acts. The description shall include the date of the convictions or
pleas, and the date, location and nature of the offense.
(9) A description of final administrative
orders, court orders, court decrees, consent decrees or adjudications, consent
orders, final civil penalty adjudications, final bond forfeiture actions or
settlement agreements involving the applicant or a related party for violations
outside this Commonwealth of the environmental protection acts. The description
shall include the date of the action and the location and nature of the
underlying violation. In lieu of a description, the applicant may provide a
copy of the appropriate document.