§ 284.132. Determination of applicability.

 If a general permit specifies that potential users of the permit shall obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit, the procedures in this section shall be followed in addition to those stated in §  284.131 (relating to authorization for persons or municipalities to be included in a general permit):

   (1)  An application for a determination of applicability shall be accompanied by a nonrefundable fee in the form of a check payable to the “Commonwealth of Pennsylvania’’ for $500.

   (2)  The Department will provide notice in the Pennsylvania Bulletin of each application for a determination of applicability for a general permit which the Department has determined to be administratively complete. The Department may indicate in the notice that interested persons or municipalities may submit comments to the Department within a 60-day period. If a comment period is provided, counties may recommend to the Department conditions, revisions or disapproval of the application. The Department may hold a public meeting or public hearing on an application for determination of applicability for a general permit.

   (3)  The Department will make a determination that a general permit is or is not applicable to an activity for which an application for determination of applicability is filed within 60 days from the publication of the notice under paragraph (2) or, if a comment period is provided, within 120 days after publication of the notice. The time period does not include periods beginning with the date the Department has requested in writing that the applicant make substantive corrections or changes to the application and ending with the date that the applicant submits corrections or changes to the Department’s satisfaction. Failure by the Department to comply with this timetable will not be construed or understood to constitute grounds for a determination that the general permit applies to the proposed activity.

   (4)  The Department will determine that the general permit does not apply to the proposed processing activity and deny coverage under the general permit if the applicant fails to demonstrate the following to the Department’s satisfaction:

     (i)   That the proposed activity is consistent with the terms and conditions of the general permit.

     (ii)   That the activity does not have the potential to harm or present a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.

   (5)  The Department will publish notice of its decision regarding each determination of applicability in the Pennsylvania Bulletin. If a county has made recommendations to the Department concerning conditions, revisions or disapproval of the permit during a 60-day comment period, and the Department has overriden the recommendations, the Department will publish its justification for overriding the recommendations in the Pennsylvania Bulletin. The applicant for a determination of applicability for coverage under a general permit shall provide written notice to each municipality in which the applicant intends to operate pursuant to the general permit.

   (6)  The Department may amend, suspend or revoke coverage under a general permit if the waste or the activity is not consistent with the terms and conditions of the general permit.

   This section cited in 25 Pa. Code §  284.102 (relating to nature of a general permit; substitution for individual applications and permits); and 25 Pa. Code §  284.112 (relating to completeness review).