Subchapter RR. MONEY-BACK GUARANTEE PERMIT REVIEW PROGRAM FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
Sec.
7.651. Types of permits covered.
7.652. Processing time.
7.653. Applicant deadlines.
7.654. Failure by the Department to meet the required time line.
7.655. Coordinated permits.
7.656. Staff evaluation.
7.657. Applicant responsibilities.
7.658. General provisions.
7.659. Effective date.
The provisions of this Subchapter RR adopted by Executive Order 1995-5, dated August 23, 1995, 25 Pa.B. 3964, unless otherwise noted.
This subchapter covers permits listed in Appendix A. On a yearly basis, the Department of Environmental Protection will consider adding new types of authorizations to the list and, if appropriate, adjust deadlines as processing times improve. Notice of these actions will be published in the Pennsylvania Bulletin.
The processing time for each permit application in Appendix A reflects Department of Environmental Protection review time only and does not include time required for review by another Federal, State or municipal government agency; time required for submission of financial responsibility instruments; or time required to hold a public meeting or hearing. Processing time is calculated from the date of application receipt to the date of the final decision, minus time used by the applicant to correct deficiencies or for activities mentioned in this subchapter.
The Department of Environmental Protection will notify an applicant of permit application deficiencies and provide the applicant with a reasonable period of time to make the necessary corrections. Applicants who fail to meet the response time frame shall waive their right to a money-back guarantee.
The time line will not affect the Department of Environmental Protection’s (Department’s) decision on the permit application, nor will the Department approve an application automatically if it fails to meet the established due date. If the time line for reviewing a permit application is not met, the Department will automatically refund the application fee and the applicant may pursue one of the following options:
(1) Request the Department to continue reviewing the application and agree on a deadline for a decision.
(2) Request the Department to make a decision within 30 days based on the current record. This section cited in 4 Pa. Code § 7.658 (relating to general provisions).
The Department of Environmental Protection (Department) will coordinate the review of applications for projects with multiple permits. The Department will review applications covered by this subchapter within the published time line even when the applications are coordinated with those not included in the Money-Back Guarantee Permit Review Program. The issuance or denial of a coordinated permit generally does not occur until the Department is prepared to make a decision on all coordinated applications for the involved project.
The Department of Environmental Protection will establish performance standards for staff engaged in permit reviews and consider compliance with the review deadlines a factor in any job performance evaluations.
The permit applicant is responsible for submitting an application that contains the information needed by the Department of Environmental Protection to make a decision and meets applicable environmental requirements.
(a) Some Department of Environmental Protection (Department) applications require no fees. In these cases, the Department will be equally committed to the timely processing of applications, but the applicant has no right to request financial reimbursement if the Department fails to meet the published deadline.
(b) This subchapter does not authorize the collection of costs other than the refund of application fees, or create a right to relief other than that set forth in § 7.654 (relating to failure by Department to meet the required time line).
§ 7.651. Types of permits covered.
§ 7.652. Processing time.
§ 7.653. Applicant deadlines.
§ 7.654. Failure by the Department to meet the required time line.
§ 7.655. Coordinated permits.
§ 7.656. Staff evaluation.
§ 7.657. Applicant responsibilities.
§ 7.658. General provisions.