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25 Pa. Code § 271.201. Criteria for permit issuance or denial.


§ 271.201. Criteria for permit issuance or denial.

 A permit application will not be approved unless the applicant affirmatively demonstrates that the following conditions are met:

   (1)  For a disposal or processing permit, each of the entities that is the permit applicant, an owner of the facility or a part thereof, an operator of the facility, or a related party to one or more of the foregoing entities, is one of the following: a natural person; a partnership; a corporation; a municipality of this Commonwealth; a municipal authority or joint municipal authority established under the laws of the Commonwealth; an agency of the Commonwealth; the Commonwealth; an agency of the Federal Government; or the Federal Government.

   (2)  The permit application is complete and accurate.

   (3)  The requirements of the environmental protection acts, this title and PA.CONST. art. I, §  27 have been complied with.

   (4)  Mitigation plans required by §  271.127 (relating to environmental assessment) are implemented if required by the Department.

   (5)  Municipal waste management operations under the permit will not cause surface water pollution or groundwater pollution, except that the Department may approve an application for permit modification to control or abate groundwater pollution under a new or modified groundwater collection or treatment facility.

   (6)  When the potential for mine subsidence exists, subsidence will not endanger or lessen the ability of the proposed facility to operate in a manner that is consistent with the act, the environmental protection acts and this title, and will not cause the proposed operation to endanger the environment or public health, safety or welfare.

   (7)  The proposed facility will not interfere with implementation of the approved host county plan or another county, municipality or State plan approved under applicable law.

   (8)  The proposed facility will not interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.

   (9)  For a new municipal waste landfill subject to 49 U.S.C.A. §  44718(d) (relating to limitation on construction of landfills), the Administrator of the Federal Aviation Administration has determined that exemption of the landfill from application of 49 U.S.C.A. §  44718(d) would have no adverse impact on aviation safety. This exemption is only available if the state aviation agency of the state in which the airport is located has requested that the Administrator exempt the landfill from the application of 49 U.S.C.A. §  44718(d).


   The provisions of this §  271.201 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226004) to (226006).

Notes of Decisions

   In General

   An application for a permit will not be approved unless the applicant affirmatively demonstrates compliance with the requirements of the Solid Waste Management Act, the environmental protection acts and Article I, §  27 of the Pennsylvania Constitution. Without NPDES permits, there is no compliance with The Clean Streams Law. Szarko v. Department of Environmental Resources, 668 A.2d 1232 (Pa. Cmwlth. 1995), appeal denied, 683 A.2d 885 (Pa. 1996).

Cross References

   This section cited in 25 Pa. Code §  272.245 (relating to submission of implementing documents).

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