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 C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.125 - Compliance information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain the following
							 information for the 10-year period prior to the date on which the application
							 is filed:
(1) A description of notices
						  of violation, including the date, location, nature and disposition of the
						  violation, that were sent by the Department to the applicant or a related
						  party, concerning the act, the environmental protection acts, a regulation or
						  order of the Department or a condition of a permit or license. In lieu of a
						  description, the applicant may provide a copy of notices of
						  violation.
(2) A description of
						  administrative orders, civil penalty assessments and bond forfeiture actions by
						  the Department, and civil penalty actions adjudicated by the EHB, against the
						  applicant or related party concerning the act, the environmental protection
						  acts, a regulation or order of the Department or of a condition of a permit or
						  license. The description shall include the date, location, nature and
						  disposition of the actions. In lieu of a description, the applicant may provide
						  a copy of the orders, assessments and actions.
(3) A description of summary, misdemeanor or
						  felony convictions, pleas of guilty or pleas of no contest that have been
						  obtained in this Commonwealth against the applicant or a related party under
						  the act and the environmental protection acts or other acts in this
						  Commonwealth concerning the storage, collection, treatment, transportation,
						  processing or disposal of solid waste. The description shall include the date,
						  location, nature and disposition of the actions.
(4) A description of court proceedings
						  concerning the act or the environmental protection acts that was not described
						  under paragraph (3), in which the applicant or a related party has been party.
						  The description shall include the date, location, nature and disposition of the
						  proceedings.
(5) A description of
						  consent orders, consent adjudications, consent decrees or settlement agreements
						  in this Commonwealth entered by the applicant or a related party concerning the
						  act, the environmental protection acts or an environmental protection
						  ordinance, in which the Department, the EPA or a county health department was a
						  party. The description shall include the date, location, nature and disposition
						  of the action. In lieu of a description, the applicant may provide a copy of
						  the order, adjudication, decree or agreement.
(6) For facilities and activities identified
						  under §
													287.124 (relating to
						  identification of interests), a statement of whether the facility or activity
						  was the subject of an administrative order, consent agreement, consent
						  adjudication, consent order, settlement agreement, court order, civil penalty,
						  bond forfeiture proceeding, criminal conviction, guilty or no-contest plea to a
						  criminal charge, or permit or license suspension or revocation under the act or
						  the environmental protection acts. If the facilities or activities were subject
						  to one or more of these actions, the applicant shall state the date, location,
						  nature and disposition of the violation. In lieu of a description, the
						  applicant may provide a copy of the appropriate document. The applicant shall
						  also state whether the Department has denied a permit application filed by the
						  applicant or a related party, based on compliance status.
(7) When the owner or operator is a
						  corporation, partnership or limited liability company, a list of each principal
						  shareholder, partner or member that has also been a principal shareholder,
						  partner or member of another corporation, partnership or limited liability
						  company which has committed violations of the act or the environmental
						  protection acts. The list shall include the date, location, nature and
						  disposition of the violation, and shall explain the relationships between the
						  principal shareholder, partner or member and both of the following:
(i) The owner or operator.
(ii) The other corporation, partnership or
						  limited liability company.