§ 6020.506. Administrative record
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 6020.506
§ 6020.506. Administrative record
(2) The notice shall be mailed to responsible persons whose identities and addresses are known to the department. In addition, notice shall be mailed to all holders of liens of record filed against all properties subject to section 509(b).1 The notice shall also be published in a newspaper of general circulation in the area in which the release has occurred and in the Pennsylvania Bulletin. The failure to provide this notice does not affect a responsible person's liability under this act.
(d) Public hearing.--At least one public hearing shall be conducted near the site of the response action to allow interested persons to give oral or written comments. A transcript shall be kept of oral presentations. The hearing shall be scheduled at least 30 days after the publication of the notice in the Pennsylvania Bulletin.
(e) Decision.--At the close of the public comment period, the department shall file a statement of the basis and purpose for its decision. The statement shall include findings of fact, an analysis of the alternatives considered and the reasons for selecting the proposed response action. It shall include an explanation of any major changes in the response action from that described in the notice. The department shall also file a response to each of the significant comments, criticisms and new data submitted in oral or written presentations during the public comment period.
(f) Docket.--The department shall maintain a docket listing of all the items which form the administrative record, and it shall notify a person submitting a comment that it has been entered on the docket. It shall be the responsibility of the person submitting written comments to either verify that the comments have been noted on the docket or to notify the department, before the end of the public comment period, that the docket does not note the submitted written comment.
(g) Closing.--The administrative record shall be closed, once the department has filed its statement and response under subsection (e). The department's decision may not be based, in whole or in part, upon information which has not been noted on the docket as of the date the administrative record is closed. The administrative record may be reopened only for any of the following reasons:
(h) Reopening.--To reopen the administrative record, the department shall provide a notice setting forth the purpose of the reopening and the time and place for submitting written comments during a 60-day public comment period. The department may hold a public hearing if a written request is received within 30 days of publication of the notice of reopening. The docket shall note additional information submitted by the department, written comments, oral comments made at the public hearing and the department's responses to the significant comments. The department's decision not to reopen the administrative record may only be reviewed as provided in section 508.
1988, Oct. 18, P.L. 756, No. 108, § 506, effective in 60 days.
35 P.S. § 6020.506, PA ST 35 P.S. § 6020.506
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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