Subchapter B. GENERAL REQUIREMENTS FOR PERMITS
AND PERMIT APPLICATIONS

§ 271.101. Permit requirement.

 (a)  Except as provided in subsection (b), a person or municipality may not own or operate a municipal waste disposal or processing facility unless the person or municipality has first applied for and obtained a permit for the facility from the Department under the requirements of this article.

 (b)  A person or municipality is not required to obtain a permit:

   (1)  For the use or application of agricultural waste in normal farming operations, unless the proposed use or application of the waste may cause pollution to air, water or other natural resources of this Commonwealth.

   (2)  For a source separation and collection program for recycling municipal waste, or for dropoff points, or collection or processing centers for source separated recyclable materials.

   (3)  For the use as clean fill of the following materials if they are separate from other waste:

     (i)   Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.

     (ii)   Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.

   (4)  For temporary storage, which facilitates the transportation or transfer of infectious or chemotherapeutic waste, that does not exceed 24 hours. The stored waste shall remain in its original packaging, as received for storage.

   (5)  For the use of waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material if the waste is not hazardous. A person managing waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material, shall implement best management practices. The Department will prepare a manual for the management of waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material which identifies best management practices and may approve additional best management practices on a case-by-case basis. If a person fails to implement best management practices for managing waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material, the Department may require compliance with the disposal, composting, processing and storage operating requirements of this chapter and Chapters 281, 283 and 285 (relating to composting facilities; resource recovery and other processing facility; and storage, collection and transportation of municipal waste).

 (c)  Subsection (b) does not relieve a person or municipality of the requirements of an applicable environmental protection act or an applicable regulation promulgated under it. Notwithstanding subsection (b), the Department may require a person or municipality to apply for, and obtain, an individual or general solid waste permit, or take other appropriate action, when the person or municipality is conducting a solid waste activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.

   The provisions of this §  271.101 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (238968) to (238969).

   Beneficial Use

   Transfer of solid waste from one collection vehicle into a transfer trailer does not constitute an activity requiring an additional permit for handling of solid waste. Department of Environmental Resources v. O’Hara Sanitation Co., 562 A.2d 973 (Pa. Cmwlth. 1989).

   The provisions of this §  271.102 adopted August 7, 1992, effective August 8, 1992, 22 Pa.B. 4185; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; reserved and renumbered December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234785) to (234787).

 (a)  Purpose. Facilities and activities described in this section shall be deemed to have a municipal waste permit by rule if the following general requirements are met:

   (1)  The facility or activity complies with Chapter 285 (relating to storage, collection and transportation of municipal waste).

   (2)  The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of permits.

   (3)  A copy of a Preparedness, Prevention and Contingency (PPC) Plan that is consistent with the Department’s guidelines for the development and imple-mentation of environmental emergency response plans is retained onsite and available to the Department upon request.

   (4)  Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility and waste handling problems or emergencies are retained onsite and available to the Department upon request.

 (b)  Financial assurances. Subchapter D (relating to financial assurances requirements) is not applicable to facilities which are deemed to have a permit under this section.

 (c)  Inappropriate activity. The Department may require a person or municipality deemed to have a permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.

 (d)  Captive processing facility. A facility that processes municipal waste that is generated solely by the operator, onsite or offsite, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)—(c), the following conditions are met:

   (1)  Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.

   (2)  The processing does not have an adverse effect on public health, safety, welfare or the environment.

   (3)  The processing occurs at the production facility at which some or all of the waste is generated.

   (4)  The operator performs the analyses required by §  271.611 (relating to chemical analysis of waste), unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.

   (5)  For special handling waste, the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.

 (e)  Septage treatment facility. A processing facility, other than a transfer or composting facility, that treats residential septage, either exclusively or mixed with nonresidential septage, shall be deemed to have a municipal waste processing permit under this article if, in addition to subsections (a)—(c), the facility complies with the following:

   (1)  The operator performs the analyses required by §  271.611, unless the analyses are waived or modified by the Department in writing, and maintains results of these analyses at the facility for 5 years. The results shall be submitted to the Department upon request.

   (2)  The processing is included as part of a wastewater treatment process permitted by the Department under The Clean Streams Law (35 P. S. § §  691.1—691.1001), or as part of a permit issued under the act, or the discharge resulting from the processing activity is connected to a public sewer in compliance with the local sewer authority’s requirements, and one of the following applies:

     (i)   The facility discharges into waters of this Commonwealth under a Part II NPDES permit or a water quality management permit and is in compliance with the permit.

     (ii)   The facility discharges into a permitted wastewater treatment plant and is in compliance with the permit.

   (3)  The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.

 (f)  Incinerator. A municipal waste incinerator located at the generation site shall be deemed to have a municipal waste permit under this article if, in addition to the requirements of subsections (a)—(c), the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility and the facility meets one of the following:

   (1)  The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. § §  4001—4015) and the regulations promulgated thereunder.

   (2)  The facility has a capacity of less than 500 pounds or 227 kilograms per hour and is permitted under the Air Pollution Control Act.

 (g)  Mechanical processing facility. A facility for the processing of uncontaminated rock, stone, gravel, brick, block and concrete from construction/demolition activities, individually or in combination, by mechanical or manual sizing or by mechanical or manual separation for prompt reuse shall be deemed to have a municipal waste processing permit-by-rule if it meets the requirements of subsections (a)—(c) and submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. The facility shall be onsite or process less than 50 tons or 45 metric tons per day, and may not operate in violation of any State, county or municipal waste management plan.

 (h)  Yard waste composting facility. A person or municipality that operates a yard waste composting facility that is less than 5 acres, other than an individual backyard composting facility, shall be deemed to have a municipal waste processing permit-by-rule if the person or municipality meets the requirements of subsections (a)—(c), the facility is operated in accordance with the Department’s guidelines on yard waste composting and the operator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.

   The provisions of this §  271.103 adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234787) to (234790).

   This section cited in 25 Pa. Code §  271.1 (relating to definitions); 25 Pa. Code §  271.421 (relating to administrative inspections); 25 Pa. Code §  271.611 (relating to chemical analysis of waste); and 25 Pa. Code §  283.1 (relating to scope).

EXISTING FACILITIES

§ 271.111. [Reserved].

   The provisions of this §  271.111 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179; reserved December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234790) to (234791).

   Deadline Extended

   The provisions of this §  271.112 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; reserved December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234792) and (225989).

 (a)  The Department may require a person or municipality that closed a municipal waste landfill, construction/demolition waste landfill or municipal waste disposal impoundment after September 7, 1980, and before April 9, 1988, to submit a closure plan to the Department under this section. The person or municipality shall submit the closure plan to the Department within 6 months after receiving written notice.

 (b)  A closure plan for municipal waste landfills or municipal waste disposal impoundments submitted under this section shall show how the operator plans to close in a manner that will protect public health, safety and the environment. At a minimum, the closure plan shall be consistent with the following:

   (1)  Final cover and grading requirements in §  273.234 (relating to final cover and grading).

   (2)  Sedimentation and erosion control requirements in §  273.242 (relating to soil erosion and sedimentation control).

   (3)  Revegetation requirements in § §  273.235 and 273.236 (relating to revegetation; and standards for successful revegetation).

   (4)  Water quality monitoring requirements in § §  273.281—273.288 (relating to water quality monitoring).

   (5)  Leachate management requirements in § §  273.271—273.277 (relating to leachate treatment).

   (6)  Gas venting and monitoring requirements in §  273.292 (relating to gas control and monitoring).

   (7)  Bonding and insurance requirements in Subchapter D (relating to financial assurances requirements).

 (c)  A closure plan for construction/demolition waste landfills submitted under this section shall show how the operator plans to close in a manner that will protect public health, safety and the environment. At a minimum, the closure plan shall be consistent with the following:

   (1)  Final cover and grading requirements in §  277.233 (relating to final cover and grading).

   (2)  Sedimentation and erosion control requirements in §  277.242 (relating to soil erosion and sedimentation control).

   (3)  Revegetation requirements in §  277.235 (relating to standards for successful revegetation).

   (4)  Water quality monitoring requirements in § §  277.281—277.288 (relating to water quality monitoring).

   (5)  Leachate management requirements in § §  277.271—277.277 (relating to leachate treatment).

   (6)  Bonding and insurance requirements in Subchapter D.

 (d)  The Department may waive or modify the applicable regulations concerning subsection (b)(1)—(6) or subsection (c)(1)—(5) if a person or municipality can demonstrate that an existing system or design performs at a level that is equivalent to the applicable regulations.

 (e)  The Department may approve, approve with modifications or disapprove a closure plan submitted under this subchapter.

 (f)  A person or municipality may not implement a closure plan submitted under this subchapter until the Department has approved the closure plan.

 (g)  Groundwater degradation at a municipal waste landfill which ceased receiving waste between September 7, 1980, and October 9, 1993, and groundwater degradation at a construction/demolition waste landfill or municipal waste disposal impoundment which ceased receiving waste after September 7, 1980 and before April 9, 1988, shall be remediated in accordance with one of the following:

   (1)  An approved closure plan, permit or any prior administrative consent order, consent adjudication, judicially approved consent order or other settlement agreement entered into with the Department.

   (2)  The remediation standards for other facilities in §  271.342(b)(4) (relating to final closure certification).

 (h)  A person or municipality may request final closure certification under §  271.342 upon completion of a closure plan approved under this section.

   The provisions of this §  271.113 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (225989) to (225990).

 A person or municipality possessing a permit for a municipal waste disposal or processing facility which was issued by the Department prior to December 23, 2000, shall file with the Department an application for permit modification to bring the facility operation into compliance with the following requirements for radioactive material monitoring and detection that became effective on December 23, 2000, according to the following schedule, unless the Department imposes in writing an earlier date in a specific situation for reasons of public health, safety or environmental protection:

   (1)  Municipal waste landfill. An application for a permit modification addressing the requirements of § §  273.133(a)(14) and 273.140(a) (relating to map and grid requirements; and radiation protection action plan) shall be filed by December 23, 2001.

   (2)  Construction/demolition waste landfills. An application for a permit modification addressing the requirements of § §  277.133(a)(14) and 277.140 (relating to map and grid requirements and radiation protection action plan) shall be filed by December 23, 2001.

   (3)  Municipal waste transfer facility. An application for a permit modification addressing the requirements of § §  279.103(a)(18) and 279.110 (relating to maps and related information; and radiation protection action plan) shall be filed by December 23, 2002.

   (4)  Commercial municipal waste composting facility that will receive sewage sludge or unseparated municipal waste, or both. An application for a permit modification addressing the requirements of § §  281.112(a)(20) and 281.119 (relating to maps and related information; and radiation protection action plan) shall be filed by June 23, 2001.

   (5)  Resource recovery and other processing facilities. Including infectious and chemotherapeutic waste processing facilities, an application for a permit modification addressing the requirements of § §  283.103(20) and 283.113 (relating to maps and related information; and radiation protection action plan) shall be filed by September 23, 2001.

   The provisions of this §  271.114 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.

GENERAL APPLICATION REQUIREMENTS

§ 271.121. Application contents.

 A person or municipality submitting a permit application under §  271.101 (relating to permit requirement) shall include with the permit application the applicable information required by this chapter and:

   (1)  Chapter 273 (relating to municipal waste landfills).

   (2)  Chapter 275 (relating to land application of sewage sludge).

   (3)  Chapter 277 (relating to construction/demolition waste landfills).

   (4)  Chapter 279 (relating to transfer facilities).

   (5)  Chapter 281 (relating to composting facilities).

   (6)  Chapter 283 (relating to resource recovery and other processing facilities).

 (a)  An application for a permit under this article shall be submitted to the Department, in writing, on forms provided by the Department.

 (b)  An application for a permit shall be accompanied by information, maps, plans, specifications, designs, analyses, test reports and other data as may be required by the Department to determine compliance with this article.

 (c)  Information in the application shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material available to the Department.

 (d)  An application for a permit shall be prepared by or under the supervision of a Pennsylvania registered professional engineer. The design section of the application shall bear the seal of a Pennsylvania registered professional engineer. The soils, geology and groundwater sections of a permit application shall be completed by experts in the fields of soil science, soil engineering, geology and groundwater. The geology and groundwater sections of a permit application also shall be completed under the supervision of a registered professional geologist licensed in Pennsylvania.

 (e)  To the greatest extent feasible, a permit application shall be submitted to the Department on paper that is manufactured partly or entirely from postconsumer material.

 (a)  An application shall contain a description of the documents upon which the applicant bases the legal right to enter and operate a municipal waste processing or disposal facility within the proposed permit area. The application shall also state whether that right is the subject of pending litigation.

 (b)  The application shall provide one of the following for lands within the permit area:

   (1)  A copy of the written consent to the applicant by the current landowner to operate a municipal waste processing or disposal facility.

   (2)  A copy of the document of conveyance that expressly grants or reserves the applicant the right to operate a municipal waste processing or disposal facility and an abstract of title relating the documents to the current landowner.

 (c)  An application shall include, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed permit area. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the facility, and for up to 10 years after final closure for the purpose of inspection and monitoring, maintenance or abatement measures deemed necessary by the Department to carry out the purposes of the act and the environmental protection acts.

 (d)  The forms required by subsections (b) and (c) shall be deemed to be recordable documents. Prior to the initiation of operations under the permit, the forms shall be recorded by the applicant at the office of the recorder of deeds in the county in which the proposed permit area is situated. This subsection does not apply to agricultural utilization permits under Chapter 275 (relating to land application of sewage sludge) nor to permits issued under Subchapter J (relating to beneficial use of sewage sludge by land application).

 (e)  Subsequent landowners shall be deemed to have constructive knowledge if the forms required by this section have been properly filed at the office of the recorder of deeds in the county in which the proposed solid waste activity is situated.

   The provisions of this §  271.123 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (225991) to (225992).

 (a)  An application for a municipal waste processing or disposal permit shall contain the following information on a form provided by the Department:

   (1)  The names, addresses and telephone numbers of:

     (i)   The permit applicant.

     (ii)   Any contractor, including a contractor for gas or energy recovery from the proposed operation, if the contractor is a person other than the applicant.

     (iii)   Related parties to the applicant, including the relationship to the applicant.

   (2)  The names and addresses of the owners of record of surface and subsurface areas within, and continguous to, parts of the proposed permit area.

   (3)  The names and addresses of the holders of record to a leasehold interest of surface and subsurface areas within, and contiguous to, parts of the proposed permit area.

 (b)  An application shall contain a statement of whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, government agency, proprietorship, municipality, syndicate, joint venture or other association or entity. For applicants other than sole proprietorships, the application shall contain the following information, if applicable:

   (1)  The names and addresses of every officer, general and limited partner, director and other persons performing a function similar to a director of the applicant.

   (2)  For corporations, the principal shareholders.

   (3)  For corporations, the names, principal places of business and Internal Revenue Service tax identification numbers of United States parent corporations of the applicant, including ultimate parent corporations and United States subsidiary corporations of the applicant and the applicant’s parent corporations.

   (4)  The names and addresses of other persons or entities having or exercising control over any aspect of the proposed facility that is regulated by the Department, including, but not limited to, associates and agents.

 (c)  If the applicant or an officer, principal shareholder, general or limited partner, limited liability company member or manager or other related party to the applicant, has a beneficial interest in, or otherwise manages or controls another person or municipality engaged in the business of solid waste collection, transportation, storage, processing, treatment or disposal, the application shall contain the following information:

   (1)  The name, address and tax identification number or employer identification number of the corporation or other person or municipality.

   (2)  The nature of the relationship or participation with the corporation or other person or municipality.

 (d)  An application shall list permits or licenses, issued by the Department under the environmental protection acts to each person or municipality identified in subsection (b) and to other related parties to the applicant, that are currently in effect or have been in effect in at least part of the previous 10 years. This list shall include the type of permit or license, number, location, issuance date and, when applicable, the expiration date.

 (e)  An application shall identify the solid waste processing or disposal facilities in this Commonwealth which the applicant or a person or municipality identified in subsection (b) and other related parties to the applicant currently owns or operates, or owned or operated in the previous 10 years. For each facility, the applicant shall identify the location, type of operation and State or Federal permits under which they operate or have operated. Facilities which are no longer permitted or which were never under permit shall also be listed.

   The provisions of this §  271.124 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (225992) and (270909) to (270910).

 (a)  An application shall contain the following information for the 10-year period prior to the date on which the application is filed:

   (1)  A description of notices of violation, including the date, location, nature and disposition of the violation, that were sent by the Department to the applicant or a related party, concerning the act, the environmental protection acts, a regulation or order of the Department or a condition of a permit or license. In lieu of a description, the applicant may provide a copy of notices of violation.

   (2)  A description of administrative orders, civil penalty assessments and bond forfeiture actions by the Department, and civil penalty actions adjudicated by the EHB, against the applicant or a related party concerning the act, the environmental protection acts or a regulation or order of the Department or a condition of a permit or license. The description shall include the date, location, nature and disposition of the actions. In lieu of a description, the applicant may provide a copy of the orders, assessments and actions.

   (3)  A description of summary, misdemeanor or felony convictions, pleas of guilty or pleas of no contest that have been obtained in this Commonwealth against the applicant or a related party under the act and the environmental protection acts, or under other acts in this Commonwealth concerning the storage, collection, treatment, transportation, processing or disposal of solid waste. The description shall include the date, location, nature and disposition of the actions.

   (4)  A description of court proceedings concerning the act or the environmental protection acts that were not described under paragraph (3), in which the applicant or a related party has been a party. The description shall include the date, location, nature and disposition of the proceedings.

   (5)  A description of consent orders, consent adjudications, consent decrees or settlement agreements in this Commonwealth entered by the applicant or a related party concerning the act, the environmental protection acts or an environmental protection ordinance, in which the Department, the EPA or a county health department was a party. The description shall include the date, location, nature and disposition of the action. In lieu of a description, the applicant may provide a copy of the order, adjudication, decree or agreement.

   (6)  For facilities and activities identified under §  271.124 (relating to identification of interests), a statement of whether the facility or activity was the subject of an administrative order, consent agreement, consent adjudication, consent order, settlement agreement, court order, civil penalty, bond forfeiture proceeding, criminal conviction, guilty or no contest plea to a criminal charge or permit or license suspension or revocation under the act or the environmental protection acts. If the facilities or activities were subject to these actions, the applicant shall state the date, location, nature and disposition of the violation. In lieu of a description, the applicant may provide a copy of the appropriate document. The application shall also state whether the Department has denied a permit application filed by the applicant or a related party, based on compliance status.

   (7)  When the owner or operator is a corporation, partnership or limited liability company, a list of each principal shareholder, partner or member that has also been a principal shareholder, partner or member of another corporation, partnership or limited liability company which has committed violations of the act or the environmental protection acts. The list shall include the date, location, nature and disposition of the violation, and shall explain the relationships between the principal shareholder, partner or member and both of the following:

     (i)   The owner or operator.

     (ii)   The other corporation, partnership or limited liability company.

   (8)  A description of misdemeanor or felony convictions, pleas of guilty and pleas of no contest, by the applicant or a related party for violations outside of this Commonwealth of the environmental protection acts. The description shall include the date of the convictions or pleas, and the date, location and nature of the offense.

   (9)  A description of final administrative orders, court orders, court decrees, consent decrees or adjudications, consent orders, final civil penalty adjudications, final bond forfeiture actions or settlement agreements involving the applicant or a related party for violations outside of this Commonwealth of the environmental protection acts. The description shall include the date of the action and the location and nature of the underlying violation. In lieu of a description, the applicant may provide a copy of the appropriate document.

 (b)  If the waste to be disposed or processed is generated outside the county in which the facility is proposed to be located, the application shall also include a description of applicable State and local laws, including State and local solid waste management plans adopted under those laws, that may affect, limit or prohibit the transportation, processing or disposal of the waste at the proposed facility. The application shall state whether or not disposal or processing of waste from each generating county may violate each applicable law or plan.

   The provisions of this §  271.125 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; 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 (270910) and (225995) to (225996).

 (a)  Except as provided in subsection (b), an application for a municipal waste disposal or processing permit shall include an environmental assessment on a form prescribed by the Department.

 (b)  The following permit applications do not require an environmental assessment unless the Department determines that the facility may have a significant effect on the environment:

   (1)  Permit applications for the beneficial use of municipal waste.

   (2)  Permit applications for the processing of municipal waste under Subchapter I (relating to beneficial use).

   (3)  Permit modification applications that are not for major modifications under §  271.144 (relating to public notice and public hearings for permit modifications).

 (c)  For facilities which have previously been subject to the environmental assessment process, the Department will limit the scope of review under that process to the following:

   (1)  Proposed modifications to the facility.

   (2)  Changes in the areas covered by the assessment that have occurred since the assessment was conducted.

   The provisions of this §  271.126 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (225996).

 (a)  Impacts. Each environmental assessment in a permit application shall include at a minimum a detailed analysis of the potential impact of the proposed facility on the environment, public health and public safety, including traffic, aesthetics, air quality, water quality, stream flow, fish and wildlife, plants, aquatic habitat, threatened or endangered species, water uses, land use and municipal waste plans. The applicant shall consider features such as scenic rivers, recreational river corridors, local parks, State and Federal forests and parks, the Appalachian Trail, historic and archaeological sites, National wildlife refuges, State natural areas, National landmarks, farmland, wetland, special protection watersheds designated under Chapter 93 (relating to water quality standards), airports, public water supplies and other features deemed appropriate by the Department or the applicant. The permit application shall also include all correspondence received by the applicant from any State or Federal agency contacted as part of the environmental assessment.

 (b)  Harms. The environmental assessment shall describe the known and potential environmental harms of the proposed project. The applicant shall provide the Department with a written mitigation plan which explains how the applicant plans to mitigate each known or potential environmental harm identified and which describes any known and potential environmental harms not mitigated. The Department will review the assessment and mitigation plans to determine whether there are additional harms and whether all known and potential environmental harms will be mitigated. In conducting its review, the Department will evaluate each mitigation measure and will collectively review mitigation measures to ensure that individually and collectively they adequately protect the environment and the public health, safety and welfare.

 (c)  Municipal waste landfills, construction/demolition waste landfills and resource recovery facilities. If the application is for the proposed operation of a municipal waste landfill, construction/demolition waste landfill or resource recovery facility, the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.

 (d)  Other facilities. If the application is for the proposed operation of another type of facility and the applicant or the Department upon review determines that known or potential environmental harm remains despite the mitigation measures described in subsection (b), the applicant shall demonstrate that the benefits of the project to the public clearly outweigh the known and potential environmental harms. In making this demonstration, the applicant shall consider harms and mitigation measures described in subsection (b). The applicant shall describe in detail the benefits relied upon. The benefits of the project shall consist of social and economic benefits that remain after taking into consideration the known and potential social and economic harms of the project and shall also consist of the environmental benefits of the project, if any.

 (e)  Identification of harms and benefits. Known and potential harms and benefits of a proposed project may also be identified by the Department or any other person or municipality.

 (f)  Need. The description required by subsections (c) and (d) may include an explanation of the need for the facility, if any. Simply adding new capacity does not establish need for a facility.

 (g)  Evaluation. After consultation with other appropriate agencies and potentially affected persons, the Department will evaluate the environmental assessment in Phase I of permit review or otherwise prior to technical review.

 (h)  Revision. The Department may require submission of a revised environmental assessment if additional harms or potential harms are discovered during any phase of permit application review.

   The provisions of this §  271.127 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; 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 (225996) and (248213) to (248214).

   Constitutionality

   The Environmental Quality Board’s regulations adopting a Harm/Benefits Test as part of the permitting process for waste disposal facilities does not exceed the Commonwealth’s police power; a determination of a project’s inherent harms and benefits is reasonably necessary in order to determine whether a potentially dangerous project should be granted a permit in a heavily regulated industry. Eagle Environmental II, L. P. v. Department of Environmental Protection, 884 A.2d 867, 883 (Pa. 2005).

   The inclusion of implementation of PA. CONST. ART I, Sec. 27 as an express purpose of the Storm Water Management Act (33 P. S. § §  6018.101—6018.1003) indicates that the Legislature intended to authorize the balancing of environmental harms against social and economic benefits. Therefore, the harms/benefits test of the regulations comport with the Constitution. Tri-County Industries, Inc. v. Department of Environmental Protection, 818 A.2d 574 (Pa. Cmwlth. 2003).

   Delegation

   The General Assembly made the ‘‘basic policy choice’’ and its will was merely carried out by the substantive rulemaking process. Therefore, the creation of the harms/benefits test of the regulations is a valid exercise of the rulemaking powers. Tri-County Industries, Inc. v. Department of Environmental Protection, 818 A.2d 574 (Pa. Cmwlth. 2003).

   Department Requirement

   The Department erred by issuing a permit to a landfill operator without requiring the operator to include the potential harm of bird hazard in its environmental assessment. Leatherwood, Inc. v. Department of Environmental Protection, 819 A.2d 604 (Pa. Cmwlth. 2003).

   Economic Benefits

   Where the Department determined that the faster payment of fees would economically benefit the local municipalities, that determination is entitled to great deference; therefore, it was an error of law for the Environmental Hearing Board to determine that the increase in host fees did not represent an economic benefit. Browning-Ferris Industries v. Department of Environmental Protection, 819 A.2d 148 (Pa. Cmwlth. 2003); appeal granted in part 893 A.2d 67 (Pa. 2006).

   Harms/Benefits; Standards

   Department of Environmental Protection’s failure to complete the ‘‘harms/benefits’’ part of its analysis before turning to the technical review of application seeking modification of solid waste permit had no material effect on its grant of permit application; purpose of regulation providing the environmental assessment be conducted prior to technical review was to save time and resources, and consideration of technical aspects of landfill was necessary to fully evaluate harms and benefits. Berks County v. Department of Environmental Protection, 894 A.2d 183, 193 (Pa. Cmwlth. 2006).

   There is no rule or mandatory requirement in the Department of Environmental Protection’s (DEP) regulation which precluded it from offering permittee an opportunity to submit additional information to address an issue raised during the review process; DEP did not view it as fair or proper to deny the entire application based on concerns identified after it began drafting its ‘‘harms/benefits’’ analysis as fairness required expending an opportunity to permittee to respond. Berks County v. Department of Environmental Protection, 894 A.2d 183, 194 (Pa. Cmwlth. 2006).

   Issue of whether certain benefits were sufficiently related to landfill expansion project to warrant consideration in the Department of Environment Protection’s harms/benefits analysis was waived for appeal where County had opportunity to raise issue before the Environmental Hearing Board but failed to do so. Berks County v. Department of Environmental Protection, 894 A.2d 183, 205 (Pa. Cmwlth. 2006).

   In determining whether to issue permit to expand solid waste landfill, the Department of Environmental Protection properly considered permittee’s clean-up of nearby stream and uncontrolled dumps as a benefit in conducting the harms/benefits analysis. Berks County v. Department of Environmental Protection, 894 A.2d 183, 205 (Pa. Cmwlth. 2006).

   County’s claim that clean-up and waste services offered by applicant for landfill expansion permit to municipalities surrounding the landfill were imporperly considered by the Department of Environmental Protection and the Environmental Hearing Board because the benefit was neither quantified in a dollar amount nor enforceable by contract; there was no requirement that all of the benefits or harms of the project be quantified in a dollar amount and provision of the services was enforceable by the Department through the permit. Berks County v. Department of Environmental Protection, 894 A.2d 183, 204 (Pa. Cmwlth. 2006).

   Since there is no enunciated standard by which benefits must clearly outweigh the harms, the standard may be met where the benefits outweigh the harms by a mere scintilla, so long as proof is provided with the high degree of certainty. Browning-Ferris Industries v. Department of Environmental Protection, 819 A.2d 148 (Pa. Cmwlth. 2003); appeal denied 541 A.2d 1139 (Pa. 1988).

   Validity

   The statutes reflect the General Assembly’s clear intent to regulate every aspect of waste disposal, and the language of the relevant acts clearly conferred broad supervisory power to the Environmental Quality Board. This power is broad enough to encompass the harms/benefits test contained in duly promulgated regulations. Tri-County Industries, Inc. v. Department of Environmental Protection, 818 A.2d 574 (Pa. Cmwlth. 2003); appeal granted 835 A.2d 706 (Pa. 2003); aff. 884 A.2d 867 (Pa. 2005).

 (a)  An application for a new permit shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for the following amount:

   (1)  Eighteen thousand five hundred dollars for a municipal waste landfill.

   (2)  Nineteen thousand two hundred fifty dollars for a construction/demolition waste landfill.

   (3)  One thousand two hundred dollars for the agricultural utilization of sewage sludge.

   (4)  Four thousand dollars for the utilization of sewage sludge for land reclamation and land disposal.

   (5)  Four thousand four hundred dollars for a transfer facility.

   (6)  For municipal waste processing facilities other than transfer facilities:

     (i)   One thousand nine hundred dollars for incinerators or resource recovery facilities.

     (ii)   Four thousand dollars for other municipal waste processing facilities.

   (7)  Seventeen thousand three hundred dollars for demonstration facilities.

 (b)  An application for a permit modification under §  271.144 (relating to public notice and public hearings for permit modifications) shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for the following amount:

   (1)  Three hundred dollars for the addition of types of waste not approved in the permit.

   (2)  Seven thousand eight hundred dollars for municipal waste landfills and construction/demolition waste landfills.

   (3)  Four hundred dollars for the agricultural utilization of sewage sludge.

   (4)  One thousand one hundred dollars for the utilization of sewage sludge for land reclamation and land disposal.

   (5)  Seven hundred dollars for transfer facilities.

   (6)  For municipal waste processing facilities other than transfer facilities:

     (i)   One thousand five hundred dollars for incinerators or resource recovery facilities.

     (ii)   Seven hundred dollars for other municipal waste processing facilities.

   (7)  Six thousand seven hundred dollars for demonstration facilities.

 (c)  An application for a minor permit modification, including a minor permit modification under §  271.222 (relating to permit modification), shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for $300.

 (d)  An application for a permit reissuance under §  271.221 (relating to permit reissuance) shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for $300.

 (e)  An application for a permit renewal under §  271.223 (relating to permit renewal) shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania” for $300.

   The provisions of this §  271.128 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (248215) and (225999).

 An application for a permit shall be verified by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official’s information and belief, and attested by a notary public or district justice.

   The provisions of this §  271.129 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.

   This section cited in 25 Pa. Code §  271.502 (relating to relationship to other requirements); 25 Pa. Code §  271.832 (relating to waiver and modification of requirements); and 25 Pa. Code §  284.122 (relating to waiver or modification of certain requirements).

PUBLIC NOTICE AND COMMENTS

§ 271.141. Public notice by applicant.

 (a)  An applicant for a new permit, major permit modification, permit renewal or permit reissuance and a person or municipality submitting a closure plan shall publish once a week for 3 consecutive weeks a notice in a newspaper of general circulation in the area where the facility or proposed facility is located. The notice shall meet the following requirements:

   (1)  Include a brief description of the location and proposed operation or closure of the facility, and indicate where copies of the application or closure plan will be filed. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the alternative groundwater protection standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.

   (2)  State that the host municipality and county may submit comments to the Department within 60 days of receipt of the application or closure plan, recommending conditions upon, revisions to and approval or disapproval of the permit or closure plan, with the specific reasons described in the comments.

   (3)  State that the Department will accept comments from the public on the permit application or closure plan and state the procedure for submission of comments.

   (4)  If the applicant proposes a design alternative under §  271.231 (relating to equivalency review procedure), it shall so state, and briefly describe the alternative design.

   (5)  If the application is for a new municipal waste landfill, construction/demolition waste landfill, transfer facility or resource recovery facility, or for a major modification of a municipal waste landfill permit, it shall be in the form of a display advertisement.

 (b)  An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan, shall also notify by certified mail owners and occupants of land contiguous to the site or the proposed permit area of the nature and extent of the proposed facility or closure plan. If the applicant proposes a design alternative under §  271.231, the notice shall so state and briefly describe the alternative design. The applicant shall submit proof of the notice in the form of a United States Postal Service postmarked signature card or other dated acknowledgment form of private letter carrier services.

 (c)  The Department may require the person or municipality to provide additional public notice if the Department determines that the proposed facility or closure plan is of significant interest to the public or may cause significant environmental impact.

 (d)  An applicant for a new permit, permit reissuance, permit renewal or major permit modification, and a person or municipality submitting a closure plan shall, immediately before the application or plan is filed with the Department, give written notice to each municipality in which the site or proposed permit area is located. If groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the alternative groundwater protection standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site. If the applicant proposes a design alternative under §  271.231, the notice shall so state and briefly describe the alternative design. The applicant shall file with the Department a copy of the notice as part of the application or plan. The Department will not issue a permit for 60 days from the date of the notice unless each municipality to which the notice is sent submits a written statement to the Department expressly waiving the 60-day period.

 (e)  Proof of compliance with the applicable requirements of this section shall be submitted within 30 days of filing its permit application or closure plan with the Department.

   The provisions of this §  271.141 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226000) and (234795).

   Notice

   Notice must be given to all counties and municipalities having jurisdiction over the site defined as the entire permit area. Fontaine v. Department of Environmental Protection, 1996 EHB 1333.

   Personal Notice Required

   Because the county and township were not given the notice of the Department of Environmental Protection’s action to which it was entitled, they were not barred from raising the claim that the permit was issued without the notice required by SWMA and Act 101 upon the filing of the permit application. While official notice was given of the action by publication in the Pennsylvania Bulletin, that was insufficient notice where the interested person was entitled to personal notice. Therefore, because the applicant and the Department should have given notice to the county and township, the Department abused its discretion in issuing the permit without assurance that such a notice had been given. Fontaine v. Department of Environmental Protection, 1996 EHB 1333.

   Subsection (d)

   Site is defined by this regulation so as to include the entire permit area of the facility. Fontaine v. Department of Environmental Protection, 1996 EHB 1333.

   Subsection (d) of this regulation requires that notice be given to each municipality in which the site is located; site being defined as equivalent to the permit area if the operator has a permit to conduct the activities. Fontaine v. Department of Environmental Protection, 1996 EHB 1333.

 (a)  The Department will publish a notice in the Pennsylvania Bulletin of the following:

   (1)  Receipt of an application for a new permit, permit reissuance, permit renewal or major permit modification.

   (2)  Receipt of a closure plan and if groundwater degradation exists at closure or occurs after closure, the notice shall include a list of contaminants, abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met. If the permittee proposes to utilize the alternative groundwater protection standard, the notice shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.

   (3)  Final action on an application for a new permit, permit reissuance, permit renewal or major permit modification.

   (4)  Justification for overriding county or host municipality recommendations regarding an application for a new permit, permit reissuance, permit renewal or major permit modification under section 504 of the act (35 P. S. §  6018.504).

 (b)  The Department will submit a copy of an application for a new permit, permit reissuance, permit renewal, major permit modification or closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists. If groundwater degradation exists at closure or occurs after closure, the Department will include a copy of the applicant’s list of contaminants, identification of abatement measures taken prior to closure, if applicable, proposed remediation measures and proposed remediation standards to be met.

 (c)  The Department will provide written notice of final action taken on an application for a new permit, permit reissuance, permit renewal, permit modification or closure plan to the host municipality and the appropriate county, county planning agency and county health department, if one exists.

   The provisions of this §  271.142 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234795) to (234796).

 (a)  The Department may conduct public hearings for the purpose of receiving information on an application for a new permit, permit reissuance, permit renewal, major permit modification or closure plan, whenever there is significant public interest or the Department otherwise deems a hearing to be appropriate. At least 30 days prior to conducting a hearing, the Department will publish notice of the hearing in a newspaper of general circulation in the proposed permit area.

 (b)  If a public hearing is held, a person may testify within the time provided or submit written comments, or both. The Department will consider testimony relevant to the requirements of the act, the environmental protection acts and this title.

 (c)  After a hearing, the Department will prepare a summary of the written and oral comments submitted at the hearing, the Department’s responses to the comments and the reasons therefor. The Department will provide copies of this summary to persons who submitted comments and to other persons who request a copy.

 (d)  Whether or not the Department holds a public hearing, the Department may conduct an informal meeting, public meeting or series of meetings.

   The provisions of this §  271.143 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.

 (a)  An application for a permit modification for municipal waste landfills or construction/demolition waste landfills shall be considered an application for a major permit modification under § §  271.141—271.143 (relating to public notice by applicant; public notice by Department; and public comments) if the application involves the following:

   (1)  Change in site volume—waste capacity.

   (2)  Change in the average or maximum daily waste volume.

   (3)  Change in excavation contours or final contours, including final elevations and slopes, if the change results in increased disposal capacity or impacts the groundwater isolation distance or groundwater quality.

   (4)  Change in permitted acreage.

   (5)  Change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters.

   (6)  Change in approved leachate collection and treatment method.

   (7)  Change in gas monitoring or management plan, or both, except when installation of additional wells or improvements to the collection systems are proposed.

   (8)  Change in the approved closure plan.

   (9)  Acceptance for disposal of types of waste not approved in the permit.

   (10)  Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under §  271.221 (relating to permit reissuance).

   (11)  Change in approved design under §  271.231 (relating to equivalency review procedure) if the design has not been previously approved through an equivalency review.

   (12)  The submission of an abatement plan.

   (13)  The disposal of waste in areas that have reached final permitted elevations.

   (14)  Change in operator, unless the operator is the permittee, in which case permit reissuance is required under §  271.221.

   (15)  Submission of a radiation protection action plan.

 (b)  An application for a permit modification for a municipal waste processing facility shall be considered an application for a major permit modification under § §  271.141—271.143, if the application involves the following:

   (1)  Changes in specifications or dimensions of waste storage or residue storage areas if the change results in increased processing or storage capacity.

   (2)  Change in the approved groundwater monitoring plan, except for the addition or replacement of wells or parameters.

   (3)  Change in approved closure plan.

   (4)  Acceptance for processing of types of waste not approved in the permit.

   (5)  Change in residue disposal area, if applicable.

   (6)  Change in approved design under §  271.231 if the design has not been previously approved through an equivalency review.

   (7)  Change in the maximum daily waste volume.

   (8)  Change in ownership, unless the owner is the permittee, in which case permit reissuance is required under §  271.221.

   (9)  Change in operator, unless the operator is the permittee, in which case permit reissuance is required under §  271.221.

   (10)  Submission of a radiation protection action plan.

 (c)  The Department may require public notice or public hearings for an application for permit modification not described in this section that the Department believes should be subject to public notice or public hearings.

 (d)  If the Department modifies a permit under section 503(e) of the act (35 P. S. §  6018.503(e)) without first receiving a permit application, it will subsequently publish notice of the permit modification in the Pennsylvania Bulletin.

   The provisions of this §  271.144 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234797) and (226003).

   This section cited in 25 Pa. Code §  271.126 (relating to requirement for environmental assessment); 25 Pa. Code §  271.128 (relating to permit application fee); 25 Pa. Code §  271.212 (relating to conditions of permits); and 25 Pa. Code §  273.322 (relating to closure).