Current through Register Vol. 54, No. 44, November 2, 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.
(b) If the waste to be disposed or processed
is generated outside the county in which the facility is proposed to be
located, the application shall also include a description of applicable State
and local laws, including State and local solid waste management plans adopted
under those laws, that may affect, limit or prohibit the transportation,
processing or disposal of the waste at the proposed facility. The application
shall state whether or not disposal or processing of waste from each generating
county may violate each applicable law or plan.
This section cited in 25 Pa. Code §
271.212 (relating to conditions of
permits); 25 Pa. Code §
271.221 (relating to permit
reissuance); 25 Pa. Code §
271.331 (relating to bond and
trust amount determination); 25 Pa. Code §
271.502 (relating to relationship
to other requirements); 25 Pa. Code §
271.832 (relating to waiver and
modification of requirements); 25 Pa. Code §
273.313 (relating to annual
operation report); 25 Pa. Code §
277.312 (relating to annual
operation report); 25 Pa. Code §
279.252 (relating to annual
operation report); 25 Pa. Code §
281.272 (relating to annual
operation report); 25 Pa. Code §
283.262 (relating to annual
operation report); 25 Pa. Code §
284.122 (relating to waiver or
modification of certain requirements); and 25 Pa. Code §
284.611 (relating to general
application requirements).
