Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter H - BENEFICIAL USE › REGISTRATION AND DETERMINATION OF APPLICABILITY › Section 287.642 - Determination of applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  This section sets forth standards and procedures that are applicable to general
						  permits which require persons or municipalities to apply for and obtain a
						  determination of applicability from the Department prior to conducting the
						  activity authorized by the general permit. The requirements in this section are
						  in addition to the applicable requirements of §
													287.641 (relating to inclusion in
						  a general permit).
(b) An
						  application for a determination of applicability shall be accompanied by a
						  nonrefundable fee in the form of a check payable to the "Commonwealth of
						  Pennsylvania" for $500.
(c) The
						  Department will provide notice in the
Pennsylvania Bulletin
of
						  each application for a determination of applicability for a general permit
						  which the Department has determined to be administratively complete. For
						  applications for determinations of applicability for a general permit for
						  construction materials, the notice shall indicate that interested persons or
						  municipalities may submit comments to the Department within 60 days
						  recommending revisions to, and approval or disapproval of the application,
						  unless the 60-day notice requirement is waived by the Department. The
						  Department may hold a public meeting or public hearing on an application for
						  determination of applicability for a general permit for construction
						  materials.
(d) The Department will
						  make a determination that a general permit is or is not applicable to an
						  activity for which an application for determination of applicability is filed
						  under §
													287.641 within 60 days from the
						  publication of the notice under subsection (c) or for construction materials
						  when a 60-day comment period is provided, within 120 days after publication of
						  the notice under subsection (c). The time period does not include periods
						  beginning with the date that the Department in writing has requested the
						  applicant to make substantive corrections or changes to the application and
						  ending with the date that the applicant submits corrections or changes to the
						  Department's satisfaction. Failure by the Department to comply with this
						  timetable will not be construed or understood to constitute grounds for a
						  determination that the general permit applies to the proposed
						  activity.
(e) The Department will
						  determine that the general permit does not apply to the proposed beneficial use
						  or processing activity and will deny coverage under the general permit if the
						  applicant fails to demonstrate to the Department's satisfaction that the
						  proposed activity is consistent with the terms and conditions of the general
						  permit, and does not have the potential to harm or present a threat of harm to
						  the health, safety or welfare of the people or environment of this
						  Commonwealth.
(f) The Department
						  will provide written notice of its determination that a general permit is or is
						  not applicable to an activity for which a determination of applicability is
						  required to the host municipality and the appropriate county, county planning
						  agency and county health department, if one exists, for the applicant's
						  proposed primary or first beneficial use or processing operation under the
						  general permit and will publish notice of its decision in the
Pennsylvania Bulletin
.
(g) The Department may amend, suspend or
						  revoke coverage under a general permit if a person or municipality authorized
						  to conduct solid waste activities under a general permit is not in compliance
						  with the permit conditions or for one or more of the reasons in subsection
						  (e).
This section cited in 25 Pa. Code §
															287.421 (relating to
								administrative inspections); 25 Pa. Code §
															287.601 (relating to scope); 25
								Pa. Code §
															287.611 (relating to authorization
								for general permit); 25 Pa. Code §
															287.612 (relating to nature of a
								general permit; substitution for individual applications and permits); 25 Pa.
								Code §
															287.622 (relating to completeness
								review); 25 Pa. Code §
															287.624 (relating to approval or
								denial of an application); and 25 Pa. Code § 297.1 (relating to
								scope).