§ 91.25. Experimental projects.
If the suitability of a proposed device or method of treatment has not been demonstrated by actual field use in this Commonwealth or another state with similar climatic conditions, only conditional approval will be given to it until the effectiveness of the device or treatment has been demonstrated to the satisfaction of the Department by ample field experience.
Authority The provisions of this § 91.25 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 91.25 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225899).
Notes of Decisions Experimental
Issuance of an unconditional permit is proper if there is uncontradicted expert testimony that the feature in question was not experimental in nature. Concerned Citizens for Orderly Progress v. Department of Environmental Resources, 387 A.2d 989 (Pa. 1978).
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