§ 102.6. Permit applications and fees.

 (a)  Permit requirements. A person proposing or conducting an earth disturbance activity which requires a permit under §  102.5 (relating to permit requirements) shall:

   (1)  Submit to the Department or a conservation district a complete application or NOI, an E&S Plan meeting the requirements of §  102.4 (relating to erosion and sediment control requirements), a PCSM Plan meeting the requirements of §  102.8 (relating to PCSM requirements), and other information the Department may require. Unless otherwise specified in this chapter, for NPDES permits, the application or NOI must also meet the requirements in Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance).

   (2)  Provide proof of consultation with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of a State or Federal threatened or endangered species on the project site. If the Department or conservation district determines, based upon PNHP data or other sources, that the proposed earth disturbance activity may adversely impact the species or critical habitat, the person proposing the earth disturbance activity shall consult with the Department or conservation district to avoid or prevent the impact. If the impact cannot be avoided or prevented, the person proposing the activity shall demonstrate how the impacts will be minimized in accordance with State and Federal laws pertaining to the protection of threatened or endangered flora and fauna and their habitat.

 (b)  Permit fees.

   (1)  A person submitting a permit application or NOI shall submit a fee as follows: a $500 administrative filing fee for general permits and a $1,500 administrative filing fee for individual permits. In addition, $100 for each disturbed acre is required to be added to the base administrative filing fee for projects of 1 acre or greater of disturbance. The fees will be calculated based upon the following formula: base fee plus $100 for each disturbed acre. For fractional acreage, the acreage shall be rounded to the closest whole number.

   (2)  The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and contain recommendations to adjust fees to eliminate the disparity, including recommendations for regulatory amendments.

   (3)  Conservation districts may charge additional fees in accordance with section 9(13) of the Conservation District Law (3 P.S. §  857(13)).

   (4)  A Federal or State agency or independent State commission that provides funding for program administration by the Department through terms and conditions of a mutual agreement may be exempt from the fees in this section.

   (5)  Fees collected by the Department or conservation district under this chapter will be deposited into a restricted revenue account known as the Clean Water Fund and utilized to offset the operating costs to administer the program.

 (c)  Complete applications or NOI.

   (1)  An application or NOI for a permit is not complete until the necessary information and requirements under The Clean Streams Law (35 P.S. § §  691.1—691.1001) and this chapter have been satisfied by the applicant.

   (2)  When the Department or conservation district determines that an application or NOI is incomplete or contains insufficient information to determine compliance with this chapter, it will notify the applicant in writing. The applicant shall have 60 days to provide the information necessary to complete the application or NOI, or the Department or conservation district will consider the application to be withdrawn by the applicant. Requests for a specific extension may be sought by the applicant in writing. The applicant will be notified in writing when an application or NOI is considered withdrawn. When an application or NOI is considered withdrawn, the Department or conservation district will close the application file and take no action to review the file.

   (3)  If the application has been withdrawn in accordance with subsection (c)(2), the fees associated with filing the application will not be refunded.

Authority

   The provisions of this §  102.6 issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § §  691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § §  510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. §  859(2)).

Source

   The provisions of this §  102.6 adopted December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (272271) to (272272).

Cross References

   This section cited in 25 Pa. Code §  78a.15 (relating to applications requirements).



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