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 271.123 - Right of entry

(a) An application shall contain a description of the documents upon which the applicant bases the legal right to enter and operate a municipal waste processing or disposal facility within the proposed permit area. The application shall also state whether that right is the subject of pending litigation.

(b) The application shall provide one of the following for lands within the permit area:

(c) An application shall include, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed permit area. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the facility, and for up to 10 years after final closure for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act and the environmental protection acts.

(d) The forms required by subsections (b) and (c) shall be deemed to be recordable documents. Prior to the initiation of operations under the permit, the forms shall be recorded by the applicant at the office of the recorder of deeds in the county in which the proposed permit area is situated. This subsection does not apply to agricultural utilization permits under Chapter 275 (relating to land application of sewage sludge) nor to permits issued under Subchapter J (relating to beneficial use of sewage sludge by land application).

(e) Subsequent landowners shall be deemed to have constructive knowledge if the forms required by this section have been properly filed at the office of the recorder of deeds in the county in which the proposed solid waste activity is situated.