25 Pa. Code § 86.38 - Criteria for approval or denial: existing structures
(a) An application for a permit or revision
which proposes to use an existing structure in connection with or to facilitate
the proposed activities will not be approved unless the applicant demonstrates
and the Department finds, in writing, on the basis of the information set forth
in the complete application that:
(1) The
structure meets the standards of Chapter 87 Subchapter E; Chapter 88
Subchapters B-F; Chapter 89; or Chapter 90 Subchapter D.
(2) If the existing structure meets the
performance standards of Chapter 87 Subchapter E; Chapter 88 Subchapters B-F;
Chapter 89; or Chapter 90 Subchapter D, but does not meet the design
requirements of Chapter 87 Subchapter E; Chapter 88 Subchapters B-F; Chapter
89; or Chapter 90 Subchapter D, no presumptive evidence of pollution to the
environment or risk to public health or safety will result from use of the
structure.
(b)
Noncomplying existing structures shall be modified or reconstructed within 6
months after issuance of the permit; however, the Department may approve a
longer period if the applicant demonstrates that:
(1) A longer period of time is necessary to
modify or reconstruct the existing structure.
(2) The risk of harm to the environment or to
public health or safety is not significant during the period of modification or
reconstruction.
Notes
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