reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1201 - Duties of operators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  certified operator shall comply with the act, this chapter, and other Federal
				  or State law or rules and regulations promulgated thereto applicable to the
				  operation of water and wastewater systems to protect the environment and public
				  health and safety. A certified operator shall provide for the suitable
				  operation and maintenance of a water or wastewater system utilizing available
				  resources needed to comply with applicable laws, rules and regulations and
				  permit conditions or requirements. The Department will consider reports
				  submitted to the owner in accordance with subsection (c) and the owner's
				  response as defined in §
										302.1202(a)(4)
				  (relating to duties of owners) when deciding if a certified operator is in
				  compliance.
(b) Available operator
				  tasks necessary to control the operation and provide for the maintenance of a
				  water or wastewater system may include:
(1)
				  Controlling the selection of, or flow from, an existing permitted source to a
				  water system.
(2) Controlling the
				  selection of flow to a water distribution system.
(3) Controlling the flow from a wastewater
				  system to the waters of this Commonwealth as defined in the NPDES or The Clean
				  Streams Law permit for the system.
(4) Controlling the processing of raw,
				  treated or finished water or wastewater.
(5) Preparing and controlling chemical or
				  biological, or both, addition for water or wastewater treatment.
(6) Observing and taking the necessary
				  actions in response to variations in operating conditions.
(7) Adjusting system processes based on
				  monitoring data.
(8) Performing
				  calculations for process control.
(9) Operating valves or gates, or both,
				  either manually or by remote control.
(10) Starting or stopping pumps or increasing
				  or decreasing pump rates.
(11)
				  Providing for proper source water protection.
(12) Directing the actions of certified and
				  noncertified operators.
(13) Taking
				  an action to maintain a system's equipment to prevent pollution or a permit
				  violation.
(14) Overseeing or
				  performing the collection, analysis and interpretation of all process control
				  and compliance monitoring samples of the water or wastewater systems.
(15) Preparing, reviewing and submitting
				  applicable notices and reports to the appropriate persons or
				  agencies.
(16) Developing,
				  approving or using a process control plan that is specific to the treatment
				  needs and conditions of the system.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1202 - Duties of owners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An owner of
				  a water or wastewater system shall:
(1)
				  Comply with Federal or State law or rules and regulations promulgated thereto
				  or permit conditions and requirements applicable to the operation of water or
				  wastewater systems.
(2) Insure
				  process control decisions at the systems are made by available operators with a
				  valid operator's certificate with the appropriate classes and
				  subclassifications.
(3) Post the
				  names of the available operators in the treatment area of the system, including
				  the method of contacting them if they are not onsite.
(4) Take appropriate action in a timely
				  manner in response to reports required under §
											302.1201(c)
				  (relating to duties of operators) from certified operators.
(5) Provide a copy of all current, relevant
				  water and wastewater permits to all available operators, unless the owner
				  submits a written request to the Department. Upon receipt of this written
				  request, the Department will provide the current water and wastewater permits
				  to the available operator designated by the owner.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1203 - Process control decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An available operator shall make all
				  process control decisions. These decisions may be made onsite, from a remote
				  site, by the use of standard operating procedures approved by the operator in
				  responsible charge, or by using a PLC system as provided under §
										302.1208 (relating to PLCs and
				  SCADA).
(b) A certified operator
				  can make process control decisions for systems with a smaller hydraulic design
				  capacity, provided they are certified with the appropriate treatment
				  technology-based subclassifications.
(c) The Department may require a system to
				  have a process control plan that includes, as necessary, the following:
(1) A flow diagram of the entire treatment
				  process.
(2) The identification of
				  individual treatment units by type.
(3) A description of the treatment process
				  provided by each treatment unit.
(4) The anticipated level of treatment
				  provided by each treatment unit.
(5) The normal influent and effluent
				  operating ranges for each wastewater or water treatment unit.
(6) A description of the average and seasonal
				  characteristics of the raw water or wastewater influent.
(7) Any standard operating
				  procedures.
(8) The methods to be
				  utilized to monitor and adjust treatment processes
(9) The identification of the key processes
				  and equipment associated with these processes.
(10) An outline of how key processes and
				  equipment will be monitored if the system is without staff during daily
				  operations.
(11) The trigger
				  parameters for each unit that requires a process control decision.
(12) A preventive and emergency maintenance
				  plan for all process control-related equipment including a replacement parts
				  inventory and emergency repair method.
(13) The procedures for emergency operations
				  when security has been breached or natural disasters threaten public safety,
				  the environment and property.
(14)
				  The wastewater treatment methods and strategies to assure proper treatment
				  during wet weather operations.
(15)
				  A plan for wasting, treating and disposing of solids associated with wastewater
				  treatment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1204 - Standard operating procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Standard operating procedures are written
				  documents outlining the actions necessary to make process control decisions
				  given established operational quantitative and qualitative parameters for the
				  system or treatment units within the system.
(b) Standard operating procedures must:
(1) Include the name of the operator in
				  responsible charge.
(2) Identify
				  the operators that may utilize the standard operating procedures to make
				  process control decisions.
(3)
				  State which treatment processes are covered by the standard operating
				  procedures. For treatment processes that are not covered by the standard
				  operating procedures, the operator must be instructed to contact the operator
				  in responsible charge to make any necessary process control
				  decisions.
(4) Identify the trigger
				  parameters for the treatment processes and the appropriate actions to be taken
				  for each treatment process.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1205 - Number of required certified operators

Current through Register Vol. 54, No. 28, July 13, 2024
A system shall have the number of available operators
					 necessary to comply with Federal and State laws, and rules and regulations
					 associated with water or wastewater systems to protect the environment and
					 public health and safety.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1206 - Operator in responsible charge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The system owner shall notify the
				  Department of changes in the operator in responsible charge within 10 days of
				  the change, including the name, client ID, and certificate number of the
				  operators in responsible charge. System owners shall notify the operators in
				  responsible charge of this designation in writing.
(b) Upon request of the Department, a system
				  owner shall provide the name, client ID, and certificate number of any
				  operators in responsible charge.
(c) An operator in responsible charge shall
				  hold a valid certificate with the classes and subclassifications as defined in
				  §§
										302.1002 and
				  302.1003 (relating to
				  certification classes and subclassifications of water system operators; and
				  certification classes and subclassifications of wastewater system operators)
				  that correspond to the system's classification and subclassification as defined
				  in §§
										302.901 and
				  302.902 (relating to
				  classification and subclassifications of water systems; and classification and
				  subclassifications of wastewater systems).
(d) A grandparented operator can be
				  designated as the operator in responsible charge.
(e) The duty of the operator in responsible
				  charge will be to approve any standard operating procedures developed for the
				  system.
(f) The operator in
				  responsible charge as designated in subsection (a), is accountable for
				  violations of Federal or State law or rules and regulations promulgated thereto
				  or permit conditions and requirements applicable to the operation of water or
				  wastewater systems which may occur when an operator follows these standard
				  operating procedures, provided that the violation occurred as a direct result
				  of a provision in the standard operating procedure approved by the operator in
				  responsible charge.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1207 - Operation of multiple treatment systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An available operator may make process
				  control decisions at more than one system.
(b) Any available operator operating more
				  than one system, including a circuit rider, shall meet the requirements of the
				  act, this chapter, and Federal or State law or rules and regulations
				  promulgated thereto applicable to the operation of water or wastewater
				  systems.
(c) An owner may use the
				  services of a circuit rider to meet the requirements of the act, this chapter,
				  and Federal or State law or rules and regulations promulgated thereto
				  applicable to the operation of water or wastewater systems.
(d) A system owner shall notify the
				  Department within 10 days when a circuit rider is employed to operate the
				  system.
(e) Unless the following
				  information is specified in a contract between the circuit rider and the owner,
				  the circuit rider shall develop and submit a general work plan to the owner of
				  each system that includes:
(1) The name and
				  location of the circuit rider's primary business.
(2) The name and location of each system to
				  be included in the circuit rider program.
(3) The classification and subclassification
				  of each system included in the circuit rider program.
(4) The number of estimated hours per week
				  the circuit rider works at each system, with the method of documentation to be
				  used for each visit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1208 - PLCs and SCADA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An owner
				  may use a PLC or SCADA system to monitor, maintain or make decisions regarding
				  any process control activity within the water or wastewater system.
(b) The available operator shall monitor a
				  PLC or SCADA system that is used for process control, and have the ability to
				  adjust, or direct the adjustment of, these systems when necessary to maintain
				  compliance with Federal or State law or rules and regulations promulgated
				  thereto or permit conditions and requirements applicable to the operation of
				  water or wastewater systems.
(c) A
				  system utilizing a PLC or SCADA system shall have a backup emergency plan for
				  making process control decisions when, or if, the PLC or SCADA system is
				  inoperable.
(d) If an owner wants
				  to have a PLC or SCADA system oversee more than one water or wastewater system
				  simultaneously, the system specific management plan developed under §
										302.1207 (relating to the
				  operation of multiple treatment systems) must also identify and demonstrate how
				  process control decisions not performed by the PLC or SCADA system will be made
				  and demonstrate how continual staffing and monitoring of systems controlled by
				  a PLC or SCADA system will be maintained.
This section cited in 25 Pa. Code §
												302.1203 (relating to process
						control decisions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part II - State Board for Certification of Sewage Treatment Plant and Waterworks Operators › Chapter 302 - ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM › Subchapter L - SYSTEM OPERATION › Section 302.1209 - Assessment of fines and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
The assessment of a civil penalty for noncompliance with
					 section 5(d), 6(d) or 13 of the act (63 P. S. §§
											1005(d),
					 1006(d) and 1013) will be
					 assessed only upon the person's failure to comply with an order of the
					 Department issued under section 4(b)(1.1) (63 P. S. §
											1004(b)(1.1)) of the
					 act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.11 - Eligibility for insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Structures located within the coal and clay regions of this Commonwealth are
				  eligible for coverage.
(b) Only an
				  owner of a structure may be named as the insured.
(1) If there is more than one owner of a
				  structure, the owners shall designate one owner whose name shall appear on the
				  insurance policy for billing purposes. The other owners shall be listed in the
				  application for insurance as additional insureds.
(2) For a structure owned as a condominium or
				  a cooperative:
(i) The insurance must cover
				  all the common elements and units when the association is acquiring the
				  insurance.
(ii) Only an association
				  can acquire insurance covering a structure comprised of vertically stacked
				  units.
(iii) For otherwise
				  configured structures when the association does not acquire insurance coverage,
				  a unit owner may purchase coverage for their unit and the related common
				  elements necessary for the owner's use of the unit. Related common elements
				  include the unit's roof, walls, floors, foundation, as well as, a fence,
				  retaining wall, paved or improved patio, walk, or driveway. However, the
				  association shall be listed in the application as an additional insured.
				  Renewals will be sent to the unit owner.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.12 - Photographs of existing damage

Current through Register Vol. 54, No. 28, July 13, 2024
In considering an application for insurance, the Board or
					 its agents, will have the right to photograph existing damage to a structure of
					 the applicant.
The provisions of this §
												401.12 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.13 - Coverage limits and premiums for insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The maximum amount of insurance, the term
				  or duration of the policy, and the premium rate will be determined by the
				  Board.
(b) An insurance policy is
				  effective upon the date a complete application and its premium are received by
				  the Board or its agent and provided that the applicant and structure meet the
				  eligibility requirements in the act and in §
										401.11 (relating to eligibility
				  for insurance).
The provisions of this §
												401.13 amended under section 19 of
						the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.14 - Assignment of an insurance policy

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be permissible to assign a financial interest in
					 an insurance policy with the consent of the Board, or its agents, by attachment
					 of an endorsement to the insurance policy.
The provisions of this §
												401.14 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.15 - Cancellation of an insurance policy

Current through Register Vol. 54, No. 28, July 13, 2024
An insurance policy cannot be canceled by the Board, or its
					 agents, or by the insured during the term of coverage except as provided in the
					 insurance policy or the act. When the Board, or its agents, cancels an
					 insurance policy, it will send a written notice of the cancellation to the
					 insured.
The provisions of this §
												401.15 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.16 - Renewal of an insurance policy

Current through Register Vol. 54, No. 28, July 13, 2024
The renewal premium for an insurance policy shall be in
					 accordance with the current rate for the amount of insurance shown on the
					 insurance policy. The premium shall be received prior to the end of the policy
					 period shown on the insurance policy, but the Board, or its agents, will not
					 cancel the insurance policy until 30 days after the final day of that
					 period.
The provisions of this §
												401.16 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE POLICIES › Section 401.17 - Refunds of premiums

Current through Register Vol. 54, No. 28, July 13, 2024
The Board, or its agents, will refund premiums whenever it
					 cancels an insurance policy as provided in the insurance policy or in the act.
					 The refunds will be calculated on a pro rata basis.
The provisions of this §
												401.17 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE COVERAGE › Section 401.21 - Description of coverage

Current through Register Vol. 54, No. 28, July 13, 2024
The insurance policy applies only to the direct loss or
					 damage of the insured's structure described within the policy when the loss or
					 damage is caused by mine subsidence and when the direct loss or damage occurs
					 during the period in which the insurance policy is in effect.
The provisions of this §
												401.21 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE COVERAGE › Section 401.22 - Loss deductible amount

Current through Register Vol. 54, No. 28, July 13, 2024
Every insurance policy must include a loss deductible
					 amount for which the Fund is not liable. The amount will be determined by the
					 Board and may be changed as experience may warrant, and will be included in the
					 schedule of premium rates adopted by the Board. The loss deductible will be
					 waived if the cost to repair the damage exceeds the amount of coverage under
					 the policy.
The provisions of this §
												401.22 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE COVERAGE › Section 401.23 - Other insurance and other sources of remuneration

Current through Register Vol. 54, No. 28, July 13, 2024
If an eligible owner of a structure has or secures other
					 insurance or other sources of remuneration against a loss covered by the
					 insurance policy, the Fund will be liable for only that portion of the loss
					 which is not covered by the other insurance or the other sources of
					 remuneration.
The provisions of this §
												401.23 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE COVERAGE › Section 401.24 - Changes in coverage

Current through Register Vol. 54, No. 28, July 13, 2024
Additions in the amount of insurance may be made by
					 completion of an amendment to the application by the insured after a
					 reinspection of the property. Premiums for additions shall be prorated for the
					 remainder of the insurance policy period in accordance with the current
					 schedule of premium rates. The new amount of insurance will be effective
					 immediately upon payment of the additional premium.
The provisions of this §
												401.24 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › CLAIMS › Section 401.31 - Settlement of claims

Current through Register Vol. 54, No. 28, July 13, 2024
Claims may be settled through the Board, or its agents, or
					 through independent adjusters selected by the Board, or its
					 agents.
The provisions of this §
												401.31 amended under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › CLAIMS › Section 401.32 - Obligations after claim settlement

Current through Register Vol. 54, No. 28, July 13, 2024
Insureds shall contact the Board, or its agents, within 1
					 year of the claim settlement and permit an inspection of the insured structure
					 to verify that the damage described in the claim settlement has been repaired.
					 If the insured fails to contact the Board, or its agents, or refuses to permit
					 the inspection the Board, or its agents, may refuse to issue or renew an
					 insurance policy for the insured structure.
The provisions of this §
												401.32 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §§
													3201-3225).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE PRODUCERS › Section 401.41 - Submission of applications

Current through Register Vol. 54, No. 28, July 13, 2024
Insurance producers may only submit applications for mine
					 subsidence insurance to the Board electronically from the Board's web
					 site.
The provisions of this §
												401.41 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE PRODUCERS › Section 401.42 - Commission rates

Current through Register Vol. 54, No. 28, July 13, 2024
The Board, at an open meeting, will annually establish
					 commission rates. The commission rate will be posted on the Fund's web site
					 (www.pamsi.org).
The provisions of this §
												401.42 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE PRODUCERS › Section 401.43 - Payment of commissions

Current through Register Vol. 54, No. 28, July 13, 2024
The insurance producer shall retain the commission from the
					 premium collected. The Board, at an open meeting, may authorize other forms of
					 payment. Alternative forms of paying commissions will be posted on the Fund's
					 web site (www.pamsi.org).
The provisions of this §
												401.43 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE PRODUCERS › Section 401.44 - Repayment of commissions

Current through Register Vol. 54, No. 28, July 13, 2024
Commissions in excess of $5 that are unearned due to the
					 Board's rejection of a mine subsidence insurance application or the
					 cancellation of a policy shall be repaid to the Board upon its demand. Failure
					 by an insurance producer to repay commissions within 60 days of the Board's
					 written request may result in exclusion from participation with the Fund. The
					 Board's decision to exclude an insurance producer from participating with the
					 Fund is appealable to the Environmental Hearing Board under to the
					 Environmental Hearing Board Act (35 P. S. §§
											75.11-75.16).
The provisions of this §
												401.44 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › INSURANCE PRODUCERS › Section 401.45 - Confidentiality of insureds information

Current through Register Vol. 54, No. 28, July 13, 2024
Insurance producers are responsible to safeguard all
					 applicant and insureds information in accordance with the Insurance
					 Department's regulations found in 31 Pa. Code Chapters 146a and 146c (relating
					 to privacy of consumer information and standards for safeguarding information).
					 Failure by an insurance producer to safeguard applicant and insureds
					 information may result in exclusion from participation with the Fund. The
					 Board's decision to exclude an insurance producer from participating with the
					 Fund is appealable to the Environmental Hearing Board under the Environmental
					 Hearing Board Act (35 P. S. §§
											75.11-75.16).
The provisions of this §
												401.45 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › LOANS AND GRANTS › Section 401.51 - Loans and grants

Current through Register Vol. 54, No. 28, July 13, 2024
Each year the Board may authorize up to 1% of the Fund's
					 Unreserved Fund Balance, as declared by the Board under section 10(c) of the
					 act (52 P. S. §
											3210(c)), to be used to
					 provide loans and grants to entities that develop technologies, perform
					 services or engage in other activities that benefit the Fund by improving its
					 ability to provide mine subsidence insurance coverage or to improve the
					 efficiency, economy and effectiveness of the Fund's
					 operations.
The provisions of this §
												401.51 issued under the act of
						August 23, 1961 (P. L. 1068, No. 484) (52 P. S. §
													3219).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IV - Susquehanna River Basin Commission › Chapter 801 - GENERAL PROVISIONS › Section 801.14 - Incorporation by reference

Current through Register Vol. 54, No. 28, July 13, 2024
The regulation set forth in
				  18 CFR
				  801.14 (relating to public access to records)
				  is incorporated by reference and made part of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IV - Susquehanna River Basin Commission › Chapter 806 - REVIEW AND APPROVAL OF PROJECTS › Section 806.1 - Incorporation by reference

Current through Register Vol. 54, No. 28, July 13, 2024
The regulations and procedures for review of projects as set
				  forth in 18 CFR Part 806 (2021) (relating to review and approval of projects)
				  are incorporated by reference and made part of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IV - Susquehanna River Basin Commission › Chapter 807 - WATER WITHDRAWAL REGISTRATION › Section 807.1 - Incorporation by reference

Current through Register Vol. 54, No. 28, July 13, 2024
The regulations and procedures for special regulations and
				  standards as set forth in 18 CFR Part 807 (2007) (relating to water withdrawal
				  registration) are incorporated by reference and made part of this
				  title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IV - Susquehanna River Basin Commission › Chapter 808 - HEARINGS AND ENFORCEMENT ACTIONS › Section 808.1 - Incorporation by reference

Current through Register Vol. 54, No. 28, July 13, 2024
The regulations and procedures for hearings/enforcement
				  actions as set forth in 18 CFR Part 808 (2010) (relating to hearings and
				  enforcement actions) are incorporated by reference and made part of this
				  title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 901 - GENERAL PROVISIONS › Section 901.1 - Rules of Practice and Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The rules of practice and procedure as set forth in 18 CFR
				  Part 401 (2018) are hereby incorporated by reference and made a part of this
				  title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 901 - GENERAL PROVISIONS › Section 901.2 - Comprehensive Plan and water quality

Current through Register Vol. 54, No. 28, July 13, 2024
The Comprehensive Plan regulations as set forth in
				  18 CFR Part
				  401, Subpart A (2014) and the Water Code and
				  Water Quality Regulations as set forth in 18 CFR Part 410 (2023) are hereby
				  incorporated by reference and made a part of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 901 - GENERAL PROVISIONS › Section 901.3 - Water supply charges

Current through Register Vol. 54, No. 28, July 13, 2024
The Basin Regulations-Water Supply Charges as set forth in 18
				  CFR Part 420 (2017) are hereby incorporated by reference and made a part of
				  this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 901 - GENERAL PROVISIONS › Section 901.4 - Flood plains

Current through Register Vol. 54, No. 28, July 13, 2024
The basin regulations-flood plains-as set forth at 18 CFR
				  Part 415 (1978) are hereby incorporated by reference and made part of this
				  title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 901 - GENERAL PROVISIONS › Section 901.5 - Groundwater protection area, Southeastern Pennsylvania

Current through Register Vol. 54, No. 28, July 13, 2024
The Basin Regulations, Groundwater Protection, Southeastern
				  Pennsylvania, as set forth at 18 CFR Part 430 (1999), are hereby incorporated
				  by reference and made part of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 902 - GROUNDWATER PROTECTION AREAS › Section 902.1 - Groundwater protection area, Southeastern Pennsylvania

Current through Register Vol. 54, No. 28, July 13, 2024
The basin regulations, groundwater protection, Southeastern
				  Pennsylvania, as set forth in 18 CFR Part 430 (2018), are hereby incorporated
				  by reference and made part of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part V - Delaware River Basin Commission › Chapter 903 - HYDRAULIC FRACTURING IN SHALE AND OTHER FORMATIONS › Section 903.1 - Hydraulic fracturing in shale and other formations

Current through Register Vol. 54, No. 28, July 13, 2024
The hydraulic fracturing in shale and other formation
				  regulations, as set forth in 18 CFR Part 440 (2023), are hereby incorporated by
				  reference and made part of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to all municipalities and the owners and
				  operators of water facilities making application for a loan under the act for
				  the repair, construction, reconstruction, rehabilitation, extension, or
				  improvement of community water supply systems and for the repair,
				  reconstruction, or rehabilitation of flood control, dam, and port
				  facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.4 - Eligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the costs enumerated in
				  32 Pa.C.S. §
										7512(a) (relating to costs
				  eligible for loan financing), the following costs of approved projects shall be
				  eligible for loan financing:
(1)
				Acquisition of property rights and equipment that are preliminary to or a
				necessary part of a water facilities project.
(2) Administrative costs of the applicant
				generated by the water facilities project and specifically included in the loan
				agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.5 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any
				owner or operator of a water facility including any person, corporation,
				regional authority, municipality, political subdivision, or instrumentality
				thereof is an eligible water facility project sponsor and may apply for a water
				facility loan.
(b) If the water
				facility project sponsor is a lessee or operator, the project sponsor must
				apply jointly with the water facilities owner for a water facility
				loan.
This section cited in 25 Pa. Code §
											951.9 (relating to application
					 procedure).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.6 - Additional requirements for applications for community water supply system loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				potential applicant shall attend a preapplication conference with the
				Department to discuss project eligibility, scope, alternatives, feasibility,
				and any other information relating to the project prior to initiating a formal
				application.
(b) Each potential
				applicant shall undertake a prefeasibility assessment in consultation with the
				Department in order to clarify and resolve issues related to the project
				including but not limited to conservation; water allocation; user charges; and
				legal, financial, and institutional issues prior to initiating a formal
				application.
(c) In addition to the
				information required in
				32 Pa.C.S. §
										7514
				(relating to application requirements and criteria for obtaining loan), an
				applicant for a community water supply system loan shall provide all of the
				following unless expressly waived by the Board:
(1) Copies of the plans, specifications, and
				other supporting information for building the project.
(2) Copies of all necessary water allocation
				permits issued under the act of June 24, 1939 (P. L. 842, No. 365)
				(32
				P. S. §§
											631-641) and all necessary
				discharge permits issued under The Clean Streams Law (35 P. S.
				§§
											691.1-691.1001).
(3) Copies of applications for all other
				permits required for the project under programs administered by the
				Department.
(4) A description of
				the major tasks necessary to implement the project including identification of
				all permits and easements, time schedule, and identification of persons
				responsible for each task.
(5) A
				detailed budget for the proposed project including specific cost components to
				accommodate determination of eligible costs for the project.
(6) Estimated rate increases resulting from
				the proposed project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.7 - Additional requirements for applications for flood control facility loans and dam facility loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				potential applicant shall attend a preapplication conference with the
				Department to discuss project eligibility, scope, alternatives, feasibility,
				and any other information relating to the project prior to initiating a formal
				application.
(b) Each potential
				applicant shall undertake a prefeasibility assessment in consultation with the
				Department in order to clarify and resolve issues related to the project
				including but not limited to dams and encroachment permits; basic design
				alternatives; and legal, financial, and institutional issues prior to
				initiating a formal application.
(c) In addition to the information required
				in
				32 Pa.C.S. §
										7514
				(relating to application requirements and criteria for obtaining loan), an
				applicant for a flood control facility or dam facility loan shall provide all
				of the following unless expressly waived by the Board:
(1) Copies of the plans and specifications
				and other supporting information for building the project.
(2) Copies of applications for all necessary
				permits required by programs administered by the Department.
(3) A description of the major tasks
				necessary to implement the project including identification of all permits and
				easements, time schedule, and identification of persons responsible for each
				task.
(4) A detailed budget for the
				proposed project including specific cost components to accommodate
				determination of eligible costs for the project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.8 - Additional requirements for applications for port facility loans

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to that information necessary under
				  32 Pa.C.S. 7514 (relating
				  to application requirements and criteria for obtaining loan), the applicant
				  shall provide all of the following unless expressly waived by the Board:
(1) A copy of plans and specifications for
				the project, including copies of all necessary permits issued by the
				appropriate authorities.
(2) A
				description of the major tasks necessary to implement the project, the time
				schedule, and the persons responsible for each task.
(3) A detailed budget for the proposed
				project, including specific cost components to accommodate determination of
				eligible costs for the project.
(4)
				A statement of approval from the governing port authority and regional planning
				commission certifying that the proposed project is consistent with current
				development plans.
(5) A financial
				statement prepared by public accountants covering the applicant's activity for
				the 3 years prior to the date of application.
This section cited in 25 Pa. Code §
											951.9 (relating to application
					 procedure).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.9 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				applications shall be made on forms approved by the Board and shall be
				addressed to the Board.
(b) Each
				application received by the Board shall be reviewed by the administrative staff
				for completeness and eligibility, based upon the criteria in
				32 Pa.C.S. §
										7514
				(relating to application requirements and criteria for obtaining loan) and
				§§
									951.5-951.8 (relating to applicant
				eligibility and additional requirements for applications for community water
				supply system loans; flood control facility loans and dam facility loans; and
				port facility loans).
(c) All
				applications determined to be eligible and complete by the administrative staff
				or by the Board shall be numbered in the order of final receipt by the Board,
				relative to other applications in the same loan category, and shall be dated
				and forwarded to the Department for review.
(d) If the administrative staff determines an
				application is ineligible or incomplete, it shall return the application to the
				applicant with a written explanation of the reasons for the
				determination.
(e) The
				administrative staff's determination that an application is incomplete or
				ineligible shall be reviewed by the Board if the applicant files a written
				request with the Board within 30 days of receipt of the
				determination.
(f) To the extent
				possible, the Department will review the applications in the order assigned by
				the Board. The Department shall exercise due diligence to assure that all
				applications dated and forwarded at least 90 days prior to a regularly
				scheduled Board meeting are evaluated by the Department and submitted to the
				Board for its consideration at that meeting.
(g) The Department shall submit the reviewed
				applications together with its evaluations and recommendations to the Board at
				least 2 weeks prior to each regularly scheduled Board meeting. The Department
				shall provide the Board with a written evaluation of each application together
				with a recommended ranking of all project applications within each loan
				category based upon the factors in section 7515 of the act (relating to
				priorities for loans).
(h) The
				Board will provide notice to each applicant in writing advising it of the
				meeting at which its application will be considered.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VI - Water Facilities Loan Board › Chapter 951 - WATER FACILITIES RESTORATION LOANS › Section 951.10 - Approval of applications; priority for loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At each regularly scheduled meeting the
				Board will consider the Department's recommendations and other competent
				information relating to the applications before the Board and will establish a
				priority list among the approved applications in each loan category, subject to
				the following conditions:
(1) The Board will
				approve, deny or defer each loan application under consideration and will
				decide upon the priority among the aproved applications in each loan category
				in accordance with factors in section 7515 of the act (relating to priorities
				for loans).
(2) The Board may
				approve applications and place them on the priority lists until it has
				committed all of the funds allocated for loans in the Water Facilities Loan
				Fund plus not more than 50% of the funds forecast by the Office of Budget for
				the Water Facilities Loan Program from the next issue of Water Facilities Loan
				Program bonds.
(3) The Board will
				commit funds to approved project applications in the numerical order that each
				project appears on the priority list within each loan category. Successive
				Board actions will add to, but will not rearrange, the priority
				lists.
(4) A deferred application
				will have no higher priority or ranking at any subsequent Board meeting than
				any other application under consideration.