§ 23.1. Petitions.
(a) Petitions shall be submitted on forms supplied by the Department to the Secretary of the Department of Environmental Protection, Rachel Carson State Office Building, Post Office Box 2063, Harrisburg, Pennsylvania 17105-2063, and shall contain the following information:
(1) The petitioner’s name, address and telephone number.
(2) A description of the action requested in the petition and one of the following:
(i) Suggested regulatory language if the petition requests that the EQB adopt or amend regulations.
(ii) A specific citation to the regulations to be repealed if the petition requests that the EQB repeal existing regulations.
(3) The reason the petitioner is requesting this action from the EQB, including factual and legal contentions as well as supporting documentation which establish the petitioner’s justification for the requested action by the EQB.
(4) The types of persons, businesses and organizations likely to be impacted by this proposal.
(5) For petitions for redesignation of streams under Chapter 93 (relating to water quality standards) and The Clean Streams Law (35 P. S. § § 691.1—691.1001), the petition shall include the following information to satisfy paragraph (3):
(i) A clear delineation of the watershed or stream segment to be redesignated, both in narrative form and on a map.
(ii) The current designated uses of the watershed or segment.
(iii) The requested designated uses of the watershed or segment.
(iv) Available technical data on instream conditions for the following: water chemistry, the aquatic community (benthic macroinvertebrates or fishes, or both) or instream habitat. If these data are not included, provide a description of the data sources investigated.
(v) A description of existing and proposed point and nonpoint source discharges and their impact on water quality or the aquatic community, or both. The names, locations and permit numbers of point source discharges and a description of the types and locations of nonpoint source discharges should be listed.
(vi) Information regarding any of the qualifiers for designation as High Quality Waters (HQ) or Exceptional Value Waters (EV) in § 93.4b (relating to qualifying as high quality or exceptional value waters) used as a basis for the requested designation.
(vii) A general description of land use and development patterns in the watershed. Examples include the amount or percentage of public lands (including ownership) and the amount or percentage of various land use types (such as residential, commercial, industrial, agricultural and the like).
(viii) The names of all municipalities through which the watershed or segment flows, including an official contact name and address.
(ix) Locational information relevant to subparagraphs (iv)—(viii) (except for contact names and addresses) displayed on maps, if possible.
(b) The general procedures in this chapter apply to petitions unless the EQB adopts specific procedures for a particular type of petition. Special procedures have been adopted for petitions requesting that the EQB designate an area as unsuitable for mining activity. These petitions are reviewed under Chapter 86 (relating to surface and underground coal mining: general).
Source The provisions of this § 23.1 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (258027).
Cross References This section cited in 25 Pa. Code § 23.2 (relating to Departmental review).
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