Section 6021.304 - Permits and plans(a) Permit requirements.--No person shall install, construct, erect, modify, operate or remove from service all or part of an aboveground storage tank facility unless such installation, construction, modification, operation or removal from service is authorized by rules and regulations of the department or the person has first obtained a permit from the department using the prescribed forms and procedures of the department.(b) Application.--Applications for permits shall be submitted in writing to the department in such form and with such accompanying data as shall be prescribed by the department.(c) Fee.--Each application for a newly installed, constructed or erected aboveground tank shall be accompanied by a fee of $20 per whole 10,000 gallon units of storage capacity. This fee may be modified by regulation. The department shall develop by regulation a schedule of fees for permit amendments and modifications and for those aboveground tanks being repermitted.(d) Prior permits.-- Any person who has obtained a permit for the aboveground storage tank facility prior to the effective date of this act, pursuant to the act of June 8, 1911 (P.L. 705, No. 281), entitled "An act creating the office of Fire Marshal, to be attached to the Department of Public Safety in cities of the first class; prescribing his duties and powers; and providing penalties for violations of the provisions of the act; and providing for the method of appointment, compensation, and for the maintenance of his office," the act of April 27, 1927 (P.L. 450, No. 291), referred to as the State Fire Marshal Law, or the act of July 28, 1953 (P.L. 723, No. 230), known as the Second Class County Code, shall be deemed to have an operating permit under this act so long as that person complies with subsection (e) and with the registration provisions and operational standards and requirements for removal from service established through regulation promulgated by the department under this act and all other applicable laws and until the department makes a determination on the application for repermitting.(e) Repermitting.--(1) Within two years of the effective date of this act, every person considered to have a permit under subsection (d) for any aboveground storage tank which is certified by that person to be ten years of age or older shall apply to the department for a permit.(2) Within three years of the effective date of this act, every person considered to have a permit under subsection (d) for any aboveground storage tank which is certified by that person to be less than ten years of age shall apply to the department for a new permit.(3) The provisions of Chapter 11 shall not apply to the repermitting of aboveground storage tanks.(f) Interim permit requirements.--Prior to the effective date of a regulation of the department concerning installation, construction, erection, modification, operation or removal from service of an aboveground storage tank facility, any owner or operator who meets the interim installation requirements of section 302(b) of this act and other applicable provisions shall be deemed to meet the permit requirements for installation and operation of an aboveground storage tank facility.(g) Review of applications.--The department shall make a determination regarding whether an application is reasonably complete within 45 days of the filing of an application with the department and shall identify all areas in which an application is incomplete when issuing a notice of deficiency. The department shall review any amended application filed in response to a notice of deficiency within 45 days of the filing of the amended application with the department. Nothing in this section shall prohibit the department and the applicant from agreeing to extend any deadline for action provided by this section. Nothing in this section shall prohibit the department from requesting and accepting supplemental information, explanations and clarifications regarding the content of an application prior to the deadline for department action.(h) Renewal of permit.--In order to continue to operate an aboveground storage tank facility, the owner or operator must obtain a new permit or a renewed permit at least every ten years.(i) Unlawful conduct.--It shall be unlawful to install, construct, erect, modify, operate or remove from service an aboveground storage tank facility unless authorized by the policies, rules or regulations of the department or unless the owner or operator has first obtained a permit from the department. However, any person who has installed, constructed or erected an aboveground storage tank prior to the effective date of this act who was not required to obtain a permit under one of the authorities listed in subsection (d) shall have 12 months from the effective date of this act to obtain an operating permit from the department.1989, July 6, P.L. 169, No. 32, § 304, effective in 30 days.