Home Table of Contents

§ 6021.504. Permits and plans

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29D. Storage Tank and Spill Prevention Act (Refs & Annos)
Chapter 5. Underground Storage Tanks
35 P.S. § 6021.504
§ 6021.504. Permits and plans
(a) Permit requirements.--No person shall install, construct, modify, operate or remove from service all or part of an underground storage tank facility unless such installation, construction, modification, operation or removal from service is authorized by the rules and regulations of the department or the person has first obtained a permit from the department.
(b) Application.--Applications for permits shall be submitted in writing to the department in such form and with such accompanying data as shall be prescribed by the department.
(c) Fee.--Each application shall be accompanied by a permit fee of $20 per tank. This fee may be modified by regulation.
(d) Prior permits.--Any person who has obtained a permit for the underground storage tank facility prior to the effective date of this act, pursuant to the act of June 8, 1911 (P.L. 705, No. 281),1 entitled “An act creating the office of Fire Marshal, to be attached to the Department of Public Safety in cities of the first class; prescribing his duties and powers; and providing penalties for violations of the provisions of the act; and providing for the method of appointment, compensation, and for the maintenance of his office,” the act of April 27, 1927 (P.L. 450, No. 290),2 referred to as the State Fire Marshal Law, or the act of July 28, 1953 (P.L. 723, No. 230),3 known as the Second Class County Code, shall be deemed to have an operating permit under this act so long as that person complies with the operational standards and requirements for removal from service established through regulation promulgated by the department under this act and all other applicable laws.
(e) Submission of applications.--The applicant shall provide a completed permit application with all requested information using the forms provided by the department. Application forms shall be accompanied by the necessary fees. Nothing in this section shall prohibit the department from requesting additional information or clarifications regarding the content of the application.
(f) Interim operating permit requirements.--Prior to the effective date of a regulation of the department concerning installation, substantial modification or operation of underground storage tanks at a tank facility, any owner or operator who submits an application demonstrating that he meets the interim installation and operation requirements of sections 502 and 503 shall meet the operating permit requirements of this section.
(g) Review of applications.--The department shall make a determination regarding whether an application is reasonably complete within 45 days of the filing of an application with the department and shall identify all areas in which an application is incomplete when issuing a notice of deficiency. The department shall review any amended application filed in response to a notice of deficiency within 45 days of the filing of the amended application with the department. Nothing in this section shall prohibit the department and the applicant from agreeing to extend any deadline for action provided by this section. Nothing in this section shall prohibit the department from requesting and accepting supplemental information, explanations and clarifications regarding the content of an application prior to the deadline for department action.
(h) Unlawful conduct.--It shall be unlawful to install, construct, modify, operate or remove from service an underground storage tank unless authorized by the rules or regulations of the department or unless the owner or operator has first obtained a permit from the department. However, any person who has installed, constructed or erected an underground storage tank prior to the effective date of this act who was not required to obtain a permit under one of the authorities listed in subsection (d) shall have 12 months from the effective date of this act to obtain a permit from the department.

Credits

1989, July 6, P.L. 169, No. 32, § 504, effective in 30 days.

Footnotes

53 P.S. § 14521 et seq.
35 P.S. § 1181 et seq.
16 P.S. § 3101 et seq.
35 P.S. § 6021.504, PA ST 35 P.S. § 6021.504
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document