§ 91.26. Withholding permit for noncompliance.
(a) When considering applications coming before it, the Department will take notice of the failure of the applicant to comply with any of its prior requirements or orders respecting sewerage or industrial waste disposal and will consider the application favorably only if, in its opinion, there are sufficient extenuating reasons for the failure or if the public interest as affected by the proposed project warrants favorable action, in which case the Department will include suitable conditions respecting compliance with its unfulfilled requirements in any permit which it may authorize.
(b) The Department will not consider an application or issue a permit to an applicant who has conducted or is conducting a mining operation which is in violation of the act, rules and regulations of the Department, or permit conditions unless and until the violation is abated or corrected to the satisfaction of the Department.
The provisions of this § 91.26 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.
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