§ 91.25. Experimental projects.
If the suitability of a proposed device or method of treatment has not been demonstrated by actual field use in this Commonwealth or another state with similar climatic conditions, only conditional approval will be given to it until the effectiveness of the device or treatment has been demonstrated to the satisfaction of the Department by ample field experience.
The provisions of this § 91.25 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
The provisions of this § 91.25 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225899).
Notes of Decisions
Issuance of an unconditional permit is proper if there is uncontradicted expert testimony that the feature in question was not experimental in nature. Concerned Citizens for Orderly Progress v. Department of Environmental Resources, 387 A.2d 989 (Pa. 1978).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.