GENERAL PERMIT RESTRICTIONS
§ 271.211. Term of permits.
(a) A permit will be issued for a fixed term consistent with the approved operation and design plans of the facility, and not to exceed 10 years. An operator may apply for permit renewal prior to the expiration of the permit terms under § 271.223 (relating to permit renewal).
(b) The Department may grant a longer fixed term if:
(1) The application is complete for the longer fixed term.
(2) The applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for the facility, and this need is confirmed, in writing, by the applicant’s source of financing.
(c) No municipal waste may be disposed, processed or beneficially used under a permit after the expiration of the permit term for disposal, processing or beneficial use. Expiration of the permit term does not limit the operator’s responsibility for complying with closure and postclosure requirements and all other requirements under the act, the environmental protection acts, regulations thereunder or the terms or conditions of its permit.
(d) The Department will, from time to time, but at intervals not to exceed 5 years, review a permit issued under this article. In its review, the Department will evaluate the permit to determine whether it reflects currently applicable operating requirements, as well as current technology and management practices. The Department may require modification, suspension or revocation of the permit when necessary to carry out the purposes of the act, the environmental protection acts and this title. The Department will require the operator to provide a summary of changes to the operations since the initial permit or latest major permit modification was approved.
(e) If no municipal waste is processed or disposed under a permit within 5 years of the date of issuance by the Department of a permit for the facility, the permit is void.
(f) A municipal waste management facility without a permit term that was permitted by the Department prior to April 9, 1988, shall have a permit term that expires April 9, 1993. The operator of the facility may apply for permit renewal under § 271.223.
Source The provisions of this § 271.211 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (247051) to (247052).
Notes of Decisions Permit Void Due to Names
There is no language in the regulations which provides the Department of Environmental Protection with any explicit authority to exempt facilities with pre-1988 permits from application of subsection (c); in promulgating this section, the Environmental Quality Board intended to discourage the building of new facilities under outdated conditions as Departmental regulation and technology progressed. Tinicum Township v. Department of Environmental Protection, 1997 EHB 1119.
Cross References This section cited in 25 Pa. Code § 271.223 (relating to permit renewal); and 25 Pa. Code § 273.202 (relating to areas where municipal waste landfills are prohibited).
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