Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - PERMIT REVIEW PROCEDURES AND STANDARDS › PERMIT REVIEW › Section 271.201 - Criteria for permit issuance or denial

Current through Register Vol. 54, No. 28, July 13, 2024
A permit application will not be approved unless the
							 applicant affirmatively demonstrates that the following conditions are
							 met:
(1) For a disposal or processing
						  permit, each of the entities that is the permit applicant, an owner of the
						  facility or a part thereof, an operator of the facility, or a related party to
						  one or more of the foregoing entities, is one of the following: a natural
						  person; a partnership; a corporation; a municipality of this Commonwealth; a
						  municipal authority or joint municipal authority established under the laws of
						  the Commonwealth; an agency of the Commonwealth; the Commonwealth; an agency of
						  the Federal Government; or the Federal Government.
(2) The permit application is complete and
						  accurate.
(3) The requirements of
						  the environmental protection acts, this title and PA.CONST. art. I, § 27
						  have been complied with.
(4)
						  Mitigation plans required by §
													271.127 (relating to environmental
						  assessment) are implemented if required by the Department.
(5) Municipal waste management operations
						  under the permit will not cause surface water pollution or groundwater
						  pollution, except that the Department may approve an application for permit
						  modification to control or abate groundwater pollution under a new or modified
						  groundwater collection or treatment facility.
(6) When the potential for mine subsidence
						  exists, subsidence will not endanger or lessen the ability of the proposed
						  facility to operate in a manner that is consistent with the act, the
						  environmental protection acts and this title, and will not cause the proposed
						  operation to endanger the environment or public health, safety or
						  welfare.
(7) The proposed facility
						  will not interfere with implementation of the approved host county plan or
						  another county, municipality or State plan approved under applicable
						  law.
(8) The proposed facility will
						  not interfere with municipal waste collection, storage, transportation,
						  processing or disposal in the host county.
(9) For a new municipal waste landfill
						  subject to 49 U.S.C.A.
						  §
														44718(d) (relating to
						  limitation on construction of landfills), the Administrator of the Federal
						  Aviation Administration has determined that exemption of the landfill from
						  application of 49 U.S.C.A.
						  §
														44718(d) would have
						  no adverse impact on aviation safety. This exemption is only available if the
						  state aviation agency of the state in which the airport is located has
						  requested that the Administrator exempt the landfill from the application of
						  49 U.S.C.A. §
														44718(d).
This section cited in 25 Pa. Code §
															272.245 (relating to submission of
								implementing documents).