Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter B - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 271.125 - Compliance information

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