71 Pa. Stat. § 510-31

Current through P.A. Acts 2023-32

Section 510-31 - Environmental Resources review procedures (Adm. Code Section 1931-A)

(a) Except as provided in subsection (b), the department shall perform in the manner provided by law or regulation an administrative completeness review of every permit application within twenty (20) days of the receipt of the permit application and notify the applicant on or before the expiration of the twenty-day time period that the permit application is either complete or incomplete. If the department determines that the permit application is incomplete, it shall notify the applicant which forms, items or information are necessary to make the permit application complete. Any permit application resubmitted to the department following a determination that a permit application is incomplete shall be subject to the same requirements for review and notification as the original permit application.

(b) This section shall not apply to any permit application under or relating to:

(1) Any statute which requires a longer period of time for an administrative completeness review.

(2) Hazardous waste governed under any of the following statutes:

Hazardous and Solid Waste Amendments of 1984 ( Public Law 98-3221, 98 Stat. 3221).

Act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act.

Act of July 20, 1974 (P.L. 572, No. 198), known as the Pennsylvania Solid Waste - Resource Recovery Development Act.

Act of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act.

Act of October 18, 1988 (P.L. 756, No. 108) , known as the Hazardous Sites Cleanup Act.

(3) Municipal waste governed under any of the following statutes:

Act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law.

Act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.

Act of July 28, 1988 (P.L. 556, No. 101) , known as the Municipal Waste Planning, Recycling and Waste Reduction Act.

(4) Infectious and chemotherapeutic waste governed under any of the following statutes:

Act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.

Act of July 13, 1988 (P.L. 525, No. 93) , referred to as the Infectious and Chemotherapeutic Waste Law.

(5) Residual waste governed under any of the following statutes:

Act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law.

Act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.

Act of July 28, 1988 (P.L. 556, No. 101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.

(6) Air quality under the following statutes:

Clean Air Act ( Public Law 95-95, 42 U.S.C. § 7401 et seq.).

Act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act.

(c) The department may exempt specific permit applications from the provisions of this section under procedures to be established by regulation of the department.

(d) Failure of the department to notify an applicant that a permit application is either complete or incomplete within the time period required by this section shall result in the administrative completeness review being deemed complete and the permit application being deemed complete.

(e) The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Administrative completeness review." A review by the Department of Environmental Resources to determine whether all forms and information, including, without limitation, appropriate signatures, filing fees, notary seals and maps, necessary as a prerequisite under the applicable statute to enable the Department of Environmental Resources to determine whether the applicant or the conduct of the applicant is in compliance with the law.

"Department." The Department of Environmental Resources of the Commonwealth.

"Permit application." An application filed with the Department of Environmental Resources pursuant to law for a permit, including, without limitation, a permit modification, a permit amendment, an application for repermitting or a license.

71 P.S. § 510-31

1929, April 9, P.L. 177, No. 175, § 1931-A, added 1994, June 22, P.L. 351, No. 52, § 1, effective in 60 days.