CLOSING AND REOPENING THE RECORD
§ 3.31. Decision.
(a) After the close of the comment period, and consideration of all significant comments, criticisms and new data received during that period, the Department will select a response and file a statement of decision. The statement of decision will contain the following:
(1) The findings of fact pertaining to the response.
(2) An analysis of the response selected.
(3) The reasons and basis for the response selected.
(4) An analysis of the alternative responses considered.
(5) An explanation of major changes in the selected response from the proposed response contained in the notice.
(6) A copy of the Department’s response to significant comments, criticisms and new data received during the comment period, as specified in § 3.27 (relating to Departmental response to significant comments).
(b) In selecting a response for the site, the Department may make reasonable assumptions regarding the nature of a risk to the public health or environment it believes necessary to adequately protect the public health and environment both at the time of the response and in the future.
(c) In evaluating alternatives to the response, the Department will consider whether the alternative provides comparable protection to the public health or safety or the environment both at the time of response and in the future.
(d) The Department’s decision will be based on the information contained in the administrative record.
Cross References This section cited in 25 Pa. Code § 3.12 (relating to content).
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