§ 271.202. Receipt of application and completeness review.
(a) After receipt of a permit application, the Department will determine whether the application is administratively complete.
(b) For purposes of this section, “receipt of a permit application” does not occur for an application for a new facility or a permit modification that would result in an increased average or maximum daily waste volume, increased disposal capacity or expansion of the permit area, until the following requirements are met:
(1) The Department, applicant and municipal officials meet to discuss the permit application, the Department’s permit application review process and the public involvement steps in that process and to hear and understand the concerns and questions of the municipal officials, as described in the Department’s Local Municipality Involvement Process Policy, Document Number 254-2100-100. The Department may invite other persons from the local municipalities who have an interest in the application.
(2) An alternative project timeline is established for review of a permit application for a municipal waste landfill, construction/demolition waste landfill or resource recovery facility through negotiation among the Department, applicant and representatives of the host county and host municipality. If the parties are unable to reach agreement, the Department will determine an appropriate timeline, taking into consideration the level of public interest and incorporating into the timeline sufficient opportunity for meaningful public participation. Public notice of a negotiated timeline will be made in the Pennsylvania Bulletin as part of the permit application receipt announcement required by § 271.142 (relating to public notice by Department).
(c) For purposes of this section, an application is administratively complete if it contains necessary information, maps, fees and other documents, regardless of whether the information, maps, fees and documents would be sufficient for issuance of the permit. If the Phase I and Phase II parts of the application for a landfill are submitted separately, the application will not be considered to be administratively complete until both parts are determined to be administratively complete.
(d) If the application is not administratively complete, the Department will, within 60 days of receipt of the application, return it to the applicant, along with a written statement of the specific information, maps, fees and documents that are required to make the application administratively complete.
(e) The Department will deny the application if the applicant fails to provide the information, maps, fees and documents within 90 days of receipt of the notice in subsection (d).
(f) The Department will not accept a permit application for an expansion that would result in an increase in capacity of a municipal waste landfill or construction/demolition waste landfill if more than 5 years of disposal capacity remains at the landfill based upon information submitted in the most recent annual report or equivalent information that includes a topographic survey map and a description of the capacity used since the last annual report.
(g) The following definitions apply in this section:
(1) Local municipalities. Local municipalities include the host municipality, the host county, municipalities adjacent to the host municipality or municipalities, municipalities located within 1 mile of the permitted or proposed area, other municipalities that demonstrate that they may be adversely impacted by the proposed project and municipalities located along the approach routes.
(2) Approach routes. Approach routes are routes from the nearest limited access (or major) highway used by vehicles traveling to and from the facility.
(3) Municipal officials. Representatives of local municipalities with whom the Department will coordinate prepermit application and early permit application review.
Source The provisions of this § 271.202 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226006) and (247051).
Cross References This section cited in 25 Pa. Code § 271.203 (relating to review period); 25 Pa. Code § 272.372 (relating to eligible costs); 25 Pa. Code § 273.202 (relating to areas where municipal waste landfills are prohibited); 25 Pa. Code § 277.202 (relating to areas where construction/demolition waste landfills are prohibited); 25 Pa. Code § 279.202 (relating to areas where transfer facilities are prohibited); and 25 Pa. Code § 283.202 (relating to areas where resource recovery facilities and other processing facilities are prohibited).
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