Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29A. SOLID WASTE MANAGEMENT
ARTICLE V. APPLICATIONS AND PERMITS
Date:
08/31/2009
Document:
NOTICE: As to repeal of this chapter where inconsistent with Act 1988, Feb. 9, P.L. 31, No. 12, see § 905(b) of said act.
§ 6018.503. Granting, denying, renewing, modifying, revoking and suspending permits and licenses
(a) Upon approval of the application, the department shall issue a permit for the operation of a solid waste storage, treatment, processing or disposal facility or area or a license for the transportation of hazardous wastes, as set forth in the application and further conditioned by the department.
(b) No permit shall be issued unless and until all applicable bonds have been posted with the department.
(c) In carrying out the provisions of this act, the department may deny, suspend, modify, or revoke any permit or license if it finds that the applicant, permittee or licensee has failed or continues to fail to comply with any provision of this act, the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the "Air Pollution Control Act," and the act of November 26, 1978 (P.L. 1375, No. 325), known as the "Dam Safety and Encroachments Act," or any other state or Federal statute relating to environmental protection or to the protection of the public health, safety and welfare; or any rule or regulation of the department; or any order of the department; or any condition of any permit or license issued by the department; or if the department finds that the applicant, permittee or licensee has shown a lack of ability or intention to comply with any provision of this act or any of the acts referred to in this subsection or any rule or regulation of the department or order of the department, or any condition of any permit or license issued by the department as indicated by past or continuing violations. In the case of a corporate applicant, permittee or licensee, the department may deny the issuance of a license or permit if it finds that a principal of the corporation was a principal of another corporation which committed past violations of this act.
(d) Any person or municipality which has engaged in unlawful conduct as defined in this act, or whose partner, associate, officer, parent corporation, subsidiary corporation, contractor, subcontractor or agent has engaged in such unlawful conduct, shall be denied any permit or license required by this act unless the permit or license application demonstrates to the satisfaction of the department that the unlawful conduct has been corrected. Independent contractors and agents who are to operate under any permit shall be subject to the provisions of this act. Such independent contractors, agents and the permittee shall be jointly and severally liable, without regard to fault, for violations of this act which occur during the contractor's or agent's involvement in the course of operations.
(e) Any permit or license granted by the department, as provided in this act, shall be revocable or subject to modification or suspension at any time the department determines that the solid waste storage, treatment, processing or disposal facility or area or transportation of solid waste:
(1) is, or has been, conducted in violation of this act or the rules,
regulations, adopted pursuant to the act;
(2) is creating a public nuisance;
(3) is creating a potential hazard to the public health, safety and
welfare;
(4) adversely affects the environment;
(5) is being operated in violation of any terms or conditions of the
permit; or
(6) was operated pursuant to a permit or license that was not granted
in accordance with law.
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