reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Section 965.10 - Statutory and procurement requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The borrower shall comply with State and
				Federal laws, including those listed in Appendix A, for project-related
				activities, including related procurement actions for equipment, construction,
				engineering, management, financial, legal or other services or goods.
(b) The Authority may approve a
				noncompetitive procurement proposal under one or more of the following
				circumstances:
(1) The borrower can only
				obtain the equipment, goods or services from a single source.
(2) The borrower demonstrates that there is a
				public emergency. The Authority will seek independent confirmation from the
				Department or other appropriate State or Federal agencies that a public
				emergency justifying a noncompetitive procurement proposal
				exists.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VII - Pennsylvania Infrastructure Investment Authority › Chapter 965 - CLEAN WATER STATE REVOLVING FUND › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements for funds received from the CWSRF shall
				  include requirements found in the following Federal statutes, Executive Orders
				  and regulations:
(1) The act of May 24, 1974 (Pub. L. No. 93-291,88 Stat.174)
				  (16 U.S.C.A. §§
										469-469c), known as the Archaeological
				  and Historical Preservation Act of 1974.
(2) Section 176(c) of the Clean Air Act (42 U.S.C.A. §
										7506(c)).
(3) Sections 2-17 of the Endangered Species Act of 1973
				  (16 U.S.C.A. §§
										1531-1543).
(4) Executive Order 11593, Protection and Enhancement of the
				  Cultural Environment.
(5) Executive Order 11988, Floodplain Management.
(6) Executive Order 11990, Protection of Wetlands.
(7) Title XV of the Farmland Protection Policy Act
				  (7 U.S.C.A. §§
										4201-4209).
(8) The Fish and Wildlife Coordination Act (16 U.S.C.A. §§
										661-666(c)).
(9) The National Historic Preservation Act of 1966
				  (16 U.S.C.A. §§
										470-470 W-6).
(10) Section 1424(e) of the Safe Drinking Water Act
				  (42 U.S.C.A. §
										300 H-3).
(11) The Wild and Scenic Rivers Act (16 U.S.C.A. §§
										1271-1287).
(12) The Demonstration Cities and Metropolitan Development
				  Act of 1966 (42 U.S.C.A.
				  §§
										3301-3374).
(13) Section 306 of the Clean Air Act (42 U.S.C.A. §
										7601) and section 508 of the Clean Water Act
				  (33 U.S.C.A. §
										1368), including Executive Order 11738,
				  Administration of the Clean Air Act and the Federal Water Pollution Control Act
				  with respect to Federal contracts, grants or loans.
(14) The Age Discrimination Act of 1975 (42 U.S.C.A. §§
										6101-6107).
(15) The Civil Rights Act of 1964 (42 U.S.C.A. §§
										1981-2000g).
(16) Executive Order 11246, 30 FR 12319, as amended by
				  Executive Order 11375, 32 FR 1403, as amended by Executive Order 11478, 34 FR
				  12985, as amended by Executive Order 12007, 42 FR 34617 (Women and Minority
				  Business Enterprise).
(17) Executive Order 11625, 36 FR 19967, as amended by
				  Executive Order 12007, 42 FR 42839, and Executive Order 12138, 44 FR 29637, as
				  amended by Executive Order 12608, 42 FR 34617 (Women and Minority Business
				  Enterprise).
(18) The Rehabilitation Act of 1973 (29 U.S.C.A. §§
										701-796(h) (including
				  Executive Orders 11914 and 11250).
(19) The Uniform Relocation Assistance and Real Property
				  Acquisition Policies Act of 1970 (42 U.S.C.A. §§
										4601-4655).
(20) Executive Order 12549, 51 FR 6370 (Debarment and
				  Suspension).
(21) The Single Audit Act of 1984 (31 U.S.C.A. §§
										7501-7507) and the corresponding
				  regulations at 15 CFR Part 8 Subpart A (relating to general provisions;
				  prohibitions: nondiscrimination clause; applicability to programs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter A - GENERAL PROVISIONS › Section 977.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth the requirements that participants
					 in the Fund shall satisfy to be eligible for Fund coverage of corrective action
					 costs, bodily injury and property damage.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter A - GENERAL PROVISIONS › Section 977.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter addresses the establishment and collection of
					 fees, the claims procedures, the optional heating oil tank program and the
					 dispute procedures of the Fund.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter A - GENERAL PROVISIONS › Section 977.3 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to owners and operators of USTs,
					 owners and operators of HOTs that elect to participate in the Heating Oil Tank
					 Optional Program, certified companies and distributors.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.11 - Fund fees

Current through Register Vol. 54, No. 28, July 13, 2024
The fees in this subchapter are established and assessed by
					 the Board to finance the Fund.
This section cited in 25 Pa. Code §
												977.51 (relating to election
						requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.12 - Owner and operator fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual fees.
The Board may charge fees established in this
				  section, based on an annual actuarial review.
(b)
Tank and gallon fees.
A
				  UST owner or operator storing gasoline, new motor oil, hazardous substances,
				  gasohol, aviation fuel, mixture, farm diesel and other types of substances
				  based on the tank registration information maintained by the DEP may be
				  assessed the following fees:
(1)
Tank
				  fee.
A tank fee of $0 per UST per year.
(2)
Gallon fee.
A gallon fee
				  on all regulated substances entering a UST of $.011 per gallon. (For example,
				  10,000 gallons at $.011 per gallon equals $110).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.13 - Tank fee payment procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may charge a per tank fee to a
				  UST owner or operator.
(b) The tank
				  fee shall be established as set forth in §
										977.12 (relating to owner and
				  operator fees).
(c) The UST owner
				  or operator shall pay the tank fee on or before the fee payment due date on the
				  statement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.15 - Gallon fee discount for distributors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The net monthly gallon fee remitted to
				  the Fund by a distributor under §
										977.14 (relating to gallon fee
				  payment procedure) shall be the gallon fee less a discount computed as follows:
				  1% multiplied by the gallon fee collected.
(b) The gallon fee discount will not be
				  allowed when the gallon fee payment is received by the Fund after the due
				  date.
This section cited in 25 Pa. Code §
												977.4 (relating to definitions);
						25 Pa. Code §
												977.14 (relating to gallon fee
						payment procedure).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.16 - Posting and collecting security

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement to post
				  security.
(1) A distributor shall
				  remit fees on or before the last day of each month. Fees shall be calculated
				  based on the quantity of the regulated substance distributed by the distributor
				  in the preceding month. A distributor shall be considered delinquent if fees
				  are not received by the Fund within 45 days after the end of the calendar month
				  in which the product was delivered.
(2) A distributor shall post security for a
				  minimum of 12 months following a delinquency.
(3) Following the posting of security, the
				  Fund will have recourse against the security if the distributor fails to timely
				  remit to the Fund, all or part of the gallon fee due to the Fund.
(4) The form of security and the calculation
				  of the amount of security shall be as set forth in §
											977.17 (relating to security for
				  payment of gallon fee).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.18 - Capacity fee payment procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Fund shall charge the capacity fee to
				  an owner or operator.
(b) The
				  capacity fee shall be established as set forth in §
										977.12(d)
				  (relating to owner and operator fees).
(c) An owner or operator shall pay, on or
				  before the due date indicated on the statement, the full amount of the capacity
				  fee or a monthly payment of 1/12 of the total capacity fee due.
This section cited in 25 Pa. Code §
												977.4 (relating to
						definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.19 - Certified company fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual fees.
The Board will charge fees established in this
				  section, based on an annual actuarial review.
(b)
Certified company fee.
Certified companies shall be required to pay to the Fund a certified company
				  fee of $1,000 per year.
(c)
Certification fee.
Certified companies which perform
				  tank-handling activities on a UST as described in this subsection, shall be
				  required to pay to the Fund an annual certification fee for each of the
				  certifications held for each of the certified installers, based on the
				  certification information maintained by the DEP (See §
										245.110 (relating to certification
				  of installers)):
(1) Installation and
				  modification certification (UMX) fee of $0.
(2) Removal certification (UMR) fee of
				  $0.
(3) Tightness Tester
				  certification (UTT) fee of $0.
(4)
				  Storage tank liner certification (TL) fee of $0.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.20 - Certified company fee, certification fee and activity fee payment procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certified company fee and certification fee payment
				  procedures.
(1) This section applies
				  to a certified company that performs installations, major modifications or
				  removals of a UST or a HOT.
(2) A
				  certified company shall pay the certified company fee and the certification fee
				  to the Fund on or before the due date on the statement.
(3) The assessed fees shall be established in
				  §
											977.19 (relating to certified
				  company fees).
(4) A certified
				  company shall pay, by the due date indicated on the statement, the full amount
				  of the fee or a monthly payment of 1/12 of the total certified company fee and
				  certification fee.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.21 - Penalty for late payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
Failure or refusal of a participant to pay the fee or a
					 part of the fee by the date established by the Board for the payment of fees
					 may result in a penalty of 5% of the amount due which shall accrue on the first
					 day of delinquency. Thereafter, on the last day of each month during which a
					 part of a fee or a prior accrued penalty remains unpaid, an additional 5% of
					 the then unpaid balance shall accrue in accordance with section 705(e) of the
					 act (35 P. S. §
											6021.705(e)).
This section cited in 25 Pa. Code §
												977.61 (relating to dispute
						procedure).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.22 - Fee dispute procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General disputes.
The participant or a distributor that
				  disputes the amount of an assessed fee may obtain review by filing a complaint
				  with the Fund's Executive Director following the procedure established in
				  §
										977.61 (relating to dispute
				  procedures).
(b)
Change in
				  tank ownership.
If a change in the ownership of a UST occurs and the
				  prior owner failed to pay assessed fees, the current owner may file an
				  affidavit supplied by the Fund to establish date of ownership. The Fund may
				  waive unpaid assessed fees up to and including the date of purchase of a UST.
				  Coverage for releases occurring on or after the date of ownership may be
				  considered for Fund coverage, based on the eligibility requirements as found in
				  §
										977.31 (relating to eligibility
				  requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.23 - Recordkeeping responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  owner or operator shall maintain for 3 years documents necessary to verify the
				  payment of the gallon, capacity and tank fees. At a minimum, these records
				  shall include:
(1) Distributor delivery
				  invoices.
(2) Financial records
				  documenting payment of fees.
(3)
				  Regulated substance inventory documents.
(4) Copies of the statement for a gallon,
				  capacity or tank fee.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter B - FEES AND COLLECTION PROCEDURES › Section 977.24 - Audit of records

Current through Register Vol. 54, No. 28, July 13, 2024
The Fund may require audits of the participant or a
					 distributor to protect the rights and responsibilities of the
					 Fund.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.31 - Eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
To be eligible for Fund coverage, the participant shall,
					 under section 706 of the act (35 P. S. §
											6021.706), meet the following eligibility
					 requirements:
(1) The claimant is the
				  owner, operator or certified tank installer of the tank which is the subject of
				  the claim.
(2) The current fee
				  required under section 705 of the act (35 P. S. §
											6021.705) has been paid.
(3) A UST has been registered in accordance
				  with the requirements of section 503 of the act (35 P. S. §
											6021.503).
(4) The participant has obtained the
				  appropriate permit or certification, if required under sections 108, 501 and
				  504 of the act (35 P. S. §§
											6021.108,
				  6021.501 and
				  6021.504).
(5) The release that is the subject of the
				  claim occurred after the date established by the Board for payment of the fee
				  required by section 705(d) of the act.
(6) The participant cooperates, as defined in
				  §
										977.32 (relating to participant
				  cooperation), with the Fund in its eligibility determination process, claims
				  investigation, the defense of any suit, the pursuit of a subrogation action and
				  other matters as requested.
(7) The
				  participant has met the notification requirements of §
										977.34 (relating to claims
				  reporting).
(8) If the claimant is
				  a certified company, the company conducted a tank-handling activity on a UST or
				  a HOT from which the release occurred.
This section cited in 25 Pa. Code §
												977.22 (relating to fee dispute
						procedures); and 25 Pa. Code §
												977.52 (relating to coverage
						period).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.32 - Participant cooperation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At a
				  minimum, the participant shall cooperate by:
(1) Providing all information requested by
				  the Fund including tank system design documents, inventory records, tank
				  tightness test results, contracts and other information pertinent to a claim
				  within 30 days of the request of the Fund, or additional time as set by the
				  Fund.
(2) Permitting the Fund or
				  its agent to inspect, sample and monitor on a continuing basis the property or
				  operation of the participant.
(3)
				  Providing access to interview employees, agents, representatives or independent
				  contractors of the participant; and to review any documents within the
				  possession, custody or control of the participant concerning the
				  claim.
(4) Submitting, and
				  requiring employees, consultants and other interested parties subject to its
				  control to submit, to an examination under oath upon the request of the
				  Fund.
(5) Obtaining competitive
				  proposals for work to be performed when requested by the Fund.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.34 - Claims reporting

Current through Register Vol. 54, No. 28, July 13, 2024
The participant shall notify the Fund within 60 days after
					 the confirmation of a release under §§
										245.304 and
					 245.305 (relating to investigation
					 of suspected releases; and reporting releases).
This section cited in 25 Pa. Code §
												977.31 (relating to eligibility
						requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.35 - Third-party suit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Suit.
In addition to the requirements of §
										977.32 (relating to participant
				  cooperation), the participant shall assist the Fund in its defense of a suit.
				  The participant shall forward to the Fund all materials including:
(1) Technical reports, laboratory data, field
				  notes or any other documents gathered by or on behalf of the participant to
				  abate a release or to implement corrective action.
(2) Documentation of release detection
				  methods, such as tank and line tightness tests or inventory records to verify
				  that a release has taken place.
(3)
				  Correspondence between the participant and any other persons relating to the
				  release or claim that is the subject of the suit.
(4) Demands, summons, notices or other
				  processes or papers filed with, in or by a court of law, administrative agency
				  or an investigative body relating to the release or claim.
(5) The expert reports, investigations and
				  data collected by experts retained by the participant relating to the release
				  or claim.
(6) Other information
				  developed or discovered by the participant concerning the release or
				  claim.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.36 - Corrective action payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Fund shall make payments for reasonable and necessary corrective action
				  costs to an owner or operator, unless a signed Authorization to Pay Form
				  provided by the Fund has been submitted designating another person to receive
				  Fund payments.
(b) Time and expense
				  charges for remediation invoices shall be submitted to the Fund for all work
				  performed. For invoices to be paid by the Fund, the invoices shall be fully
				  documented to include:
(1) Time sheets for
				  personnel and equipment.
(2)
				  Statements of work performed.
(3)
				  Receipts or other documentation for expendable supplies and subcontractor
				  supplies.
(4) A list of tests
				  performed with costs and results for any laboratory analyses.
(5) The owner, operator or remediation
				  contractor shall supply rate schedules, fees for service schedules and
				  contracts with consultants.
(6) All
				  subcontractor invoices.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.37 - Priority of claims

Current through Register Vol. 54, No. 28, July 13, 2024
The Fund may prioritize claims for payment. The
					 prioritization may take into account corrective action costs and the impact of
					 the release on human health.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.38 - Primary coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Primary coverage.
The Fund provides primary coverage for
				  corrective action costs and eligible claims for personal injury and property
				  damage due to a release from a UST or a HOT.
(b)
Combined limits.
When
				  the Fund determines a certified company is responsible for the release that is
				  the subject of the claim, the coverage of a certified company will be exhausted
				  before the coverage of an owner or operator of a UST or a HOT is
				  applied.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.39 - Claim dispute procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The participant, or a distributor, that disputes a
					 determination of the Fund may obtain a review of the determination by filing an
					 appeal with the Executive Director of the Fund by following the procedures
					 established in §
										977.61 (relating to dispute
					 procedures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter C - COVERAGE AND CLAIMS PROCEDURES › Section 977.40 - Subrogation for corrective action cost

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Fund, after any payment, shall be
				  subrogated to all of the rights of recovery of an owner or operator against any
				  person for the costs of remediation.
(b) If an owner or operator does not comply
				  with §
										977.32 (relating to participant
				  cooperation), the Fund may deny further payments on a claim.
This section cited in 25 Pa. Code §
												977.32 (relating to participant
						cooperation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter D - HEATING OIL TANK OPTIONAL PROGRAM › Section 977.51 - Election requirements

Current through Register Vol. 54, No. 28, July 13, 2024
To elect coverage from the Fund, a HOT owner or operator
					 shall:
(1) Complete and submit an
				  application form available from the Fund.
(2) Provide the Fund with a copy of a tank
				  tightness test utilizing an EPA approved testing system, indicating a
				  satisfactory result. The test shall be completed within the 30-day period
				  preceding the application date.
(3)
				  Submit a $50 fee. The fee will be credited to the applicant's account if the
				  application is approved or returned if the application is rejected.
(4) Pay any fee established in §
										977.11 (relating to Fund
				  fees).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter D - HEATING OIL TANK OPTIONAL PROGRAM › Section 977.52 - Coverage period

Current through Register Vol. 54, No. 28, July 13, 2024
If the Fund determines that the requirements in §
										977.31 (relating to eligibility
					 requirements) have been satisfied, coverage by the Fund will be effective from
					 the date the application is received. A HOT owner or operator will have
					 continuous coverage provided all fees are paid within 30 days of the due date
					 indicated on the statement provided by the Fund.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter D - HEATING OIL TANK OPTIONAL PROGRAM › Section 977.53 - Cancellation of coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A HOT
				  owner or operator may cancel coverage by providing advance written notice to
				  the Fund. Coverage will be terminated on the date notice is received by the
				  Fund or on a later date as requested by the HOT owner or operator. Fee refunds
				  shall be made on a pro-rata basis.
(b) The failure of a HOT owner or operator to
				  remit fees within 30 days of the due date indicated on the statement will cause
				  coverage to be canceled as of the due date. A fee is deemed paid on the date
				  the payment is received by the Fund. Coverage may be reinstated as provided in
				  section 705(e) of the act (35 P. S. §
											6021.705(e)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter D - HEATING OIL TANK OPTIONAL PROGRAM › Section 977.54 - Dispute procedures

Current through Register Vol. 54, No. 28, July 13, 2024
A HOT owner or operator who disputes a decision of the Fund
					 may obtain review by filing a complaint with the Fund's Executive Director
					 following the procedures in §
										977.61 (relating to dispute
					 procedures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter E - DISPUTE PROCEDURES › Section 977.61 - Dispute procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  appeal of a decision of the Fund shall be made in writing to the Executive
				  Director of the Fund. The appeal must be received within 35 days of the mailing
				  date of the Fund's decision. An appeal shall contain:
(1) The name and address of the
				  appellant.
(2) A statement of the
				  facts forming the basis of the complaint.
(3) Supporting material.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › GENERAL › Section 1021.1 - Scope of chapter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 chapter governs practice and procedure before the Board.
(b) This chapter is not applicable to a
					 proceeding to the extent that the applicable statute governing or authorizing
					 the proceeding sets forth inconsistent practice or procedure.
(c) Except when inconsistent with this
					 chapter, 1 Pa. Code Part II (relating to General Rules of Administrative
					 Practice and Procedure) is applicable insofar as it relates to adjudicatory
					 proceedings. When the term "agency" is used in 1 Pa. Code Part II, "Board" is
					 to be understood; when the term "participant" is used in 1 Pa. Code Part II,
					 "party" is to be understood.
(d)
					 Subsections (a)-(c) supplement 1 Pa. Code §
											31.1 (relating to scope of
					 part).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › GENERAL › Section 1021.3 - Amendments to rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
					 retains continuing jurisdiction under section 5 of the act (35 P. S. §
												7515) to adopt the amendments and additions
					 to this chapter as may be appropriate.
(b) The Board is authorized to establish
					 forms as may be required to implement the act.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											31.6 (relating to amendments to
					 rules).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › GENERAL › Section 1021.4 - Construction and application of rules

Current through Register Vol. 54, No. 28, July 13, 2024
The rules in this chapter shall be liberally construed to
						secure the just, speedy and inexpensive determination of every appeal or
						proceeding in which they are applicable. The Board at every stage of an appeal
						or proceeding may disregard any error or defect of procedure which does not
						affect the substantial rights of the parties.
This section cited in 25 Pa. Code §
													1021.82 (relating to
						  consolidation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › GENERAL › Section 1021.5 - Citations to Board decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Citations to Board decisions in briefs, legal memoranda and other documents
					 filed with the Board shall contain the names of the parties, and the year and
					 page number of the Environmental Hearing Board Reporter (Opinion and
					 Adjudication volumes) located on the Board's web site. The citation shall be
					 provided using the following format:
Name of Appellant v. DEP
,
					 2021 EHB 43. Pinpoint citations shall be preceded with a comma and a space, in
					 the following format:
Name of Appellant v. DEP
, 2021 EHB 43,
					 45.
(b) If the Environmental
					 Hearing Board Reporter has not been published for a particular year, the
					 citation shall be to the slip opinion which can be found on the Board's web
					 site. The citation shall include the names of the parties, the docket number,
					 the type of decision being issued (that is, Adjudication or Opinion) and the
					 date of issuance, using the following format:
Name of
					 Appellant
v.
DEP
, EHB Docket No. ____ (Opinion
						and Order on
Motion to Dismiss issued (date and year)).
Comment
:
Additional citations to legal research databases such as
						LexisNexis and Westlaw are permissible.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › TIME › Section 1021.11 - Effective dates of Board adjudications and preliminary orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Adjudications
					 and orders of the Board will be effective as of the date of entry.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											31.14 (relating to effective dates
					 of agency orders).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › TIME › Section 1021.12 - Extensions of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The time
					 fixed or the period of time prescribed for the filing of a document required or
					 permitted to be filed under this chapter, other than the notice of appeal, may
					 be extended by the Board for good cause upon motion.
(b) The motion in subsection (a) shall
					 conform to the provisions in §
											1021.92 (relating to procedural
					 motions).
(c) Subsections (a) and
					 (b) supersede 1 Pa. Code §
											31.15 (relating to extensions of
					 time).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › TIME › Section 1021.13 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise provided by law, in computing a period of time prescribed or allowed
					 by the rules of the Board or another provision of law, time shall be computed
					 to exclude the first day of the action, event or filing. Time shall be computed
					 to include the last day unless it falls on a Saturday, Sunday or legal holiday
					 in which event the day will be omitted from the computation and the period
					 shall run until the end of the next business day. Intervening Saturdays,
					 Sundays and legal holidays shall be included in the computation.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											31.12 (relating to computation of
					 time).
The provisions of this §
													1021.13 issued under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › REPRESENTATION BEFORE BOARD › Section 1021.21 - Representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties, except
					 individuals appearing on their own behalf, shall be represented by an attorney
					 in good standing at all stages of the proceedings subsequent to the filing of
					 the notice of appeal or complaint.
(b) Corporations shall be represented by an
					 attorney of record.
(c) Individuals
					 may appear in person on their own behalf; however, they are encouraged to
					 appear through counsel and may be required to appear through counsel if the
					 Board determines that they are not merely appearing on their own
					 behalf.
(c.1) Parties may be
					 represented by an attorney in good standing and admitted to practice before the
					 highest court of another state on a motion pro hac vice filed by an attorney in
					 this Commonwealth.
(d) Subsections
					 (a)-(c.1) supersede 1 Pa. Code §§
											31.21-31.23 (relating to appearance in
					 person; appearance by attorney; and other representation prohibited at
					 hearings).
The provisions of this §
													1021.21 amended under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
This section cited in 25 Pa. Code §
													1021.51 (relating to commencement,
						  form and content).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › REPRESENTATION BEFORE BOARD › Section 1021.22 - Notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Entries of appearance shall be filed with the Board and served upon the other
					 parties to the proceedings.
(b)
					 Subsection (a) supplements 1 Pa. Code §§
											31.22 and
					 31.25 (relating to appearance by
					 attorney; and form of notice of appearance).
This section cited in 25 Pa. Code §
													1021.51 (relating to commencement,
						  form and content).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › REPRESENTATION BEFORE BOARD › Section 1021.23 - Withdrawal of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 attorney's appearance for a party may be withdrawn without leave of the Board
					 if another attorney has entered or simultaneously enters an appearance for the
					 party and the change of attorneys does not delay any stage of the
					 litigation.
(b) In ruling on a
					 motion for withdrawal of appearance under other circumstances, the Board will
					 consider the following factors: the reasons why withdrawal is requested; any
					 prejudice withdrawal may cause to the litigants; delay in resolution of the
					 case which would result from withdrawal; and the effect of withdrawal on the
					 efficient administration of justice.
(c) In the event withdrawal of counsel will
					 result in an unrepresented party before the Board, counsel seeking to withdraw
					 shall provide the Board with a single contact person for future service in all
					 proceedings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › REPRESENTATION BEFORE BOARD › Section 1021.24 - Referral to pro bono counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Secretary to the Board is authorized to refer persons who appear before the
					 Board on a pro se basis, and who claim not to be able to afford a lawyer, to
					 one of the following:
(1) The pro bono
					 committee of the Pennsylvania Bar Association's Environmental and Energy Law
					 Section.
(2) A county bar
					 association lawyer referral service.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › REPRESENTATION BEFORE BOARD › Section 1021.25 - Amicus curiae

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Anyone
					 interested in legal issues involved in a matter pending before the Board may
					 request leave to file an amicus curiae brief or memorandum of law, in regard to
					 those legal issues. The amicus curiae shall state in its request the legal
					 issues to be addressed in the brief and shall serve a copy of the request on
					 all parties.
(b) If the Board
					 grants a request, the amicus curiae shall file the brief within the time
					 prescribed by the Board and shall serve a copy on all parties. Any party may
					 file a response to a brief amicus curiae which is adverse to its
					 interests.
(c) The amicus curiae
					 may present oral argument only as the Board may direct.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.31 - Signing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every document
					 directed to the Board and every discovery request or response of a party
					 represented by an attorney shall be signed by at least one attorney of record
					 in the attorney's individual name or, if a party is not represented by an
					 attorney, shall be signed by the party. Each document must state the signer's
					 mailing address, e-mail address and telephone number.
(b) The signature to a document described in
					 subsection (a) constitutes a certification that the person signing, or
					 otherwise presenting it to the Board, has read it, that to the best of his
					 knowledge or information and belief there is good ground to support it, and
					 that it is submitted in good faith and not for any improper purpose such as to
					 harass, cause unnecessary delay or needless increase in the cost of litigation.
					 There is good ground to support the document if the signer or presenter has a
					 reasonable belief that existing law supports the document or that there is a
					 good faith argument for the extension, modification or reversal of existing
					 law.
(c) The Board may impose an
					 appropriate sanction in accordance with §
											1021.161 (relating to sanctions)
					 for a bad faith violation of subsection (b).
The provisions of this §
													1021.31 amended under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
This section cited in 25 Pa. Code §
													1021.32 (relating to
						  filing).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.32 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 filing requirements.
The following documents shall be conventionally
					 filed or facsimile filed:
(1) A complaint that
					 is original process naming a defendant or defendants.
(2) A motion to be excused from the Board's
					 mandatory electronic filing requirement.
(3) An entry of appearance filed under §
												1021.51(j)
					 (relating to commencement, form and content).
(4) A document filed on behalf of a person
					 who is not a party to the proceeding at the time of the filing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.32a - Privacy issues

Current through Register Vol. 54, No. 28, July 13, 2024
A person filing documents shall refrain from including,
						or shall redact when inclusion is necessary, the following personal identifiers
						from documents filed with the Board, including exhibits, unless filed under
						seal or otherwise ordered by the Board:
(1) Social Security numbers.
(2) Financial account numbers.
(3) Dates of birth.
(4) Names of minor children.
The provisions of this §
													1021.32a issued under section 5 of
						  the Environmental Hearing Board Act (35 P. S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.33 - Service by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
					 will serve the orders, notices and other documents it issues upon counsel
					 designated on the docket. For any parties not represented by counsel, the Board
					 will serve the person who filed the complaint or notice of appeal, or the
					 person upon whom the notice of appeal or complaint was served.
(b) The Board will serve documents it enters
					 or issues upon registered users participating in the proceeding through the
					 electronic filing provider, subject to the provisions in this chapter. The
					 Board will serve persons who have been excused from electronic filing under
					 §
											1021.32(c)(1)
					 (relating to filing) by mail or in person.
(c) An order filed electronically without the
					 original signature of an administrative law judge has the same force and effect
					 as if the administrative law judge had affixed a signature to a paper copy of
					 the order.
(d) Subsections (a)-(c)
					 supersede 1 Pa. Code §
											33.31 (relating to service by the
					 agency).
The provisions of this §
													1021.33 amended under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.35 - Date of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 electronic service, the date of service of a document is the date that the
					 electronic filing provider transmits the notice of electronic filing. For other
					 types of service, the date of service is the date the document served is
					 mailed, delivered in person or transmitted to the party's facsimile
					 line.
(b) For the sole purpose of
					 computing the deadlines under this chapter for responding to documents:
(1) Documents served by electronic service
					 shall be deemed served, for purposes of responding, when notice of the
					 electronic filing is transmitted to registered users in the proceeding,
					 provided the transmission is complete before 4:30 p.m. Eastern Time on a
					 business day. Otherwise, documents served by electronic service shall be deemed
					 served the next business day.
(2)
					 Documents served by facsimile shall be deemed served, for purposes of
					 responding, when transmission of the facsimile is complete, provided the
					 transmission is complete before 4:30 p.m. Eastern Time on a business day.
					 Otherwise, documents served by facsimile shall be deemed served the next
					 business day.
(3) Documents served
					 by mail shall be deemed served 3 calendar days after the date of actual
					 service.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.36 - Certificate of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 document filed with the Board must include a certificate of service which
					 certifies the date and manner of service and the name and mailing address of
					 the person served, except as provided in subsection (b).
(b) For electronic service, it shall be
					 sufficient for the certificate to state that the document was filed using the
					 electronic filing provider and to identify the registered users in the
					 proceedings.
(c) Subsections (a)
					 and (b) supersede 1 Pa. Code §
											33.35 (relating to proof of
					 service).
The provisions of this §
													1021.36 amended under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).