§ 250.5. Public notice by applicant.
(a) Public notice under the background, Statewide health or site-specific standard and under a special industrial area cleanup shall be initiated by the applicant through an NIR. For remediations proposing the use of a site-specific standard or, for remediations under an SIA agreement, the public and the municipality where the site is located shall be provided a 30-day period, in the NIR, in which the municipality may request to be involved in the development of the remediation and reuse plans for the site.
(b) The remedial investigation report, the risk assessment report and the cleanup plan, prepared under a site-specific remediation, may not be submitted to the Department until after the initial 30-day public and municipal comment period following the submission of the NIR has expired.
(c) The baseline environmental report, prepared under an SIA remediation, shall be submitted after the initial 30-day public and municipal comment period has expired.
(d) For areas not covered entirely by a nonuse aquifer areawide certification granted under § 250.303(f) (relating to aquifer determination; current use and currently planned use of aquifer groundwater), at the same time a request for a nonuse aquifer designation under the Statewide health standard is made to the Department, the remediator shall send notice to every municipality and community water supplier servicing the area requested for designation as nonuse under § 250.303(b). The notice must include a copy of the request for determination of nonuse aquifer submitted to the Department.
(e) Upon receipt of notice of a request for a nonuse aquifer designation, the municipality and community water supplier shall have 45 days to indicate to the Department and the remediator any information relevant to the requirements of § 250.303.
(f) Reasonable proof of the mailing of the municipal notices and arranging for the publication of newspaper notices, required under sections 302(e), 303(h), 304(n) and 305(c) of the act (35 P.S. § § 6026.302(e), 6026.303(h), 6026.304(n) and 6026.305(c)), shall be submitted at the same time the NIR, plan or report is submitted to the Department. Examples of reasonable proof include:
(1) A copy of the letter to the municipality with a United States Postal Service Certified Mail Receipt, PS Form No. 3800.
(2) A copy of the proposed text of the newspaper notice and the anticipated publication date.
Authority The provisions of this § 250.5 amended under sections 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards Act (35 P.S. § § 6026.104(a) and 6026.303(a)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 250.5 amended November 23, 2001, effective November 24, 2001, 31 Pa.B. 6395; amended August 26, 2016, effective August 27, 2016, 46 Pa.B. 5655. Immediately preceding text appears at serial page (285758).
Cross References This section cited in 25 Pa. Code § 250.303 (relating to aquifer determination; current use and currently planned use of aquifer groundwater).
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