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§ 6018.502. Permit and license application requirements

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 29A. Solid Waste Management Act (Refs & Annos)
Article V. Applications and Permits (Refs & Annos)
35 P.S. § 6018.502
§ 6018.502. Permit and license application requirements
(a) Application for any permit or license shall be in writing, shall be made on forms provided by the department and shall be accompanied by such plans, designs and relevant data as the department may require. Such plans, designs and data shall be prepared by a registered professional engineer.
(b) The application for a permit to operate a hazardous waste storage, treatment or disposal facility shall also be accompanied by a form, prepared and furnished by the department, containing the written consent of the landowner to entry upon any land to be affected by the proposed facility by the Commonwealth and by any of its authorized agents prior to and during operation of the facility and for 20 years after closure of the facility, for the purpose of inspection and for the purpose of any such pollution abatement or pollution prevention activities as the department deems necessary. Such forms shall be deemed to be recordable documents and prior to the initiation of operations under the permit, such forms shall be recorded and entered into the deed book (d.b.v.) indexing system at the office of the recorder of deeds in the counties in which the area to be affected under the permit is situated.
(c) All records, reports, or information contained in the hazardous waste storage, treatment or disposal facility permit application submitted to the department under this section shall be available to the public; except that the department shall consider a record, report or information or particular portion thereof, confidential in the administration of this act if the applicant can show cause that the records, reports or information, or a particular portion thereof (but not emission or discharge data or information concerning solid waste which is potentially toxic in the environment), if made public, would divulge production or sales figures or methods, processes or production unique to such applicant or would otherwise tend to affect adversely the competitive position of such applicant by revealing trade secrets. Nothing herein shall be construed to prevent disclosure of such report, record or information to the Federal Government or other State agencies as may be necessary for purposes of administration of any Federal or State law.
(d) The application for a permit shall set forth the manner in which the operator plans to comply with the requirements of the act of June 22, 1937 (P.L. 1987, No. 394),1 known as “The Clean Streams Law,” the act of May 31, 1945 (P.L. 1198, No. 418),2 known as the “Surface Mining Conservation and Reclamation Act,” the act of January 8, 1960 (1959 P.L. 2119, No. 787),3 known as the “Air Pollution Control Act,” and the act of November 26, 1978 (P.L. 1375, No. 325),4 known as the “Dam Safety and Encroachments Act,” as applicable. No approval shall be granted unless the plan provides for compliance with the statutes hereinabove enumerated, and failure to comply with the statutes hereinabove enumerated during construction and operation or thereafter shall render the operator liable to the sanctions and penalties provided in this act for violations of this act and to the sanctions and penalties provided in the statutes hereinabove enumerated for violations of such statutes. Such failure to comply shall be cause for revocation of any approval or permit issued by the department to the operator. Compliance with the provisions of this subsection and with the provisions of this act and the provisions of the statutes hereinabove enumerated shall not relieve the operator of the responsibility for complying with the provisions of all other applicable statutes, including, but not limited to the act of July 17, 1961 (P.L. 659, No. 339),5 known as the “Pennsylvania Bituminous Coal Mine Act,” the act of November 10, 1965 (P.L. 721, No. 346),6 known as the “Pennsylvania Anthracite Coal Mine Act,” and the act of July 9, 1976 (P.L. 931, No. 178),7 entitled “An act providing emergency medical personnel; employment of emergency medical personnel and emergency communications in coal mines.”
(e) The application for a permit shall certify that the operator has in force, or will, prior to the initiation of operations under the permit have in force, an ordinary public liability insurance policy in an amount to be prescribed by rules and regulations promulgated hereunder.
(f) The department may require such other information, and impose such other terms and conditions, as it deems necessary or proper to achieve the goals and purposes of this act.
(g) The department, upon receipt of an application for a permit, shall give written notice to each and every municipality in which the proposed hazardous waste facility will be located.


1980, July 7, P.L. 380, No. 97, § 502, effective in 60 days.


35 P.S. § 691.1 et seq.
52 P.S. § 1396.1 et seq.
35 P.S. § 4001 et seq.
32 P.S. § 693.1 et seq.
52 P.S. § 701-101 et seq. (repealed); see 52 P.S. § 690-101 et seq.
52 P.S. § 70-101 et seq.
52 P.S. § 27.7-1 et seq.
35 P.S. § 6018.502, PA ST 35 P.S. § 6018.502
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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