Money-Back Guarantee Permit Review Program Expansion [26 Pa.B. 3038] The Money-Back Guarantee Permit Review Program, established August 23, 1995, by Governor's Executive Order 1995-5, establishes clear timelines for the processing of certain Department of Environmental Protection (DEP) permits. Should DEP fail to meet a published processing time, the Department will automatically return the permit fee to the applicant.
The program, as originally established by the Executive Order, included 19 permit types. On March 4, 1996, DEP expanded the program to include an additional 30 permit types. Effective July 1, 1996, DEP will add the following permit application types to the program:
Water Management
Earth Disturbance--New, Amendment, Renewal and Transfer Individual NPDES/Stormwater-Construction--New, Amendment, Renewal, Transfer, Co-permittee General NPDES/Stormwater-Construction (PAG-2)--New, Renewal, Amendment, Transfer and Co-permittee Individual NPDES/Stormwater-Construction/Notice of Termination General NPDES/Stormwater-Construction (PAG-2) Notice of Termination Limited Power Permit Water Obstruction & Encroachment General Permits (1,2,3,4,5,6,7,8,9,10,15) Public Water Supply Permit/Bulk Water Hauler, Bottled Water System--Out of State--Minor Amendment Public Water Supply Permit/Bulk Water Hauler, Bottled Water System--Minor Amendment Public Water Supply Permit/Community Water System--Minor Amendment Public Water Supply Permit/Non-Community Water System--New and Minor Amendment Public Water Supply Permit/Retail Water System--Minor Amendment Public Water Supply Permit/Retail Water System--New Operation Public Water Supply Permit/Vended Water System--Minor Amendment Public Water Supply Permit/Vended Water System--New Operation Water Allocation Permit 537 Base Plan Approval NPDES Permit/Sewage Discharge/Minor Amendment NPDES Permit/Industrial Wastewater Discharge--Minor Renewal NPDES Permit/Sewage Discharge/Minor Municipal--Amendment NPDES Permit/Sewage Discharge/Minor Municipal--New NPDES Permit/Sewage Discharge/Minor Municipal Renewal NPDES Permit/Sewage Discharge/Non-Municipal--Major Amendment NPDES Permit/Sewage Discharge/Non-Municipal--Major New NPDES Permit/Sewage Discharge/Non-Municipal--Minor Amendment NPDES Permit/Sewage Discharge/Non-Municipal--Minor New NPDES Permit/Sewage Discharge/Non-Municipal--Minor Renewal NPDES Permit/Single Residence Sewage Treatment Plant (GP-4) NPDES Permit/Stormwater--Industrial Site Runoff/New, Amendment and Renewal NPDES Permit/Stormwater--Municipal Site Runoff/New, Amendment and Renewal NPDES Permit/Combined Sewer Overflow Discharge (GP-6) NPDES Permit/Stormwater--Industrial Activities (GP-3) Mineral Resources
Industrial Mineral Surface Mining--Small Industrial Mineral Underground Mining Oil and Gas Well Inactive Status Request Orphan Well Classification Section 13(c) Order to Plug Oil and Gas Well Plugging Notice Oil and Gas Well Registration (Abandoned and Operated) Deep Mine Safety Mining Plans Deep Mine Safety Equipment Approvals Coal Mine Officials Certificates Industrial Minerals Mine Officials Certificate Coal Miner's Certificate Coal Machine Runner's Certificate Coal Shot Firer's Certificate Coal Permit for the Purchase of Explosives Industrial Minerals Explosives Purchase Permit Coal Explosives Storage License Non-coal Explosives Storage License Non-coal Blaster's License--New and Renewal Air, Recycling and Radiation Protection
Residual Waste General Permit Processing--Single Company and Multiple Company Municipal Waste General Permit Beneficial Use and Processing Radon Certification Hazardous Waste Captive BIF Hazardous Waste Captive Incinerator Hazardous Waste Captive Disposal Hazardous Waste Captive Disposal Closure Plan Approval Hazardous Waste Captive Disposal Construction Certification Hazardous Waste Captive Disposal Post Closure Hazardous Waste Captive Permit By Rule Hazardous Waste Captive Recycling Hazardous Waste Captive Storage Hazardous Waste Captive Storage Closure Plan Approval Hazardous Waste Captive Storage Construction Certification Hazardous Waste Captive Treatment Hazardous Waste Captive Treatment Closure Plan Approval Hazardous Waste Captive Treatment Construction Certification Hazardous Waste Commercial Disposal Closure Plan Approval Hazardous Waste Commercial Disposal Construction Certification Hazardous Waste Commercial Disposal Module One Approval Hazardous Waste Commercial Disposal Post Closure Permit Hazardous Waste Storage Closure Plan Approval Hazardous Waste Storage Construction Certification Hazardous Waste Storage Module One Approval Hazardous Waste Commercial Treatment Closure Plan Hazardous Waste Commercial Treatment Construction Certification Hazardous Waste Commercial Treatment Module One Approval Municipal Waste Construction/Demolition Landfill Closure Plan Approval Municipal Waste County Plan Approval Municipal Waste Demonstration Permit Municipal Waste Landfill Permit Closure Plan Approval Municipal Waste Landfill Permit Form 37 Municipal Waste Landfill Permit Form 43 Municipal Waste Landfill Permit Form S Municipal Waste Landfill Permit Form U Municipal Waste Permit by Rule Municipal Waste Resource Recovery Form S Municipal Waste and Other Processing Permit Form U Municipal Waste Transfer Station Form U Residual Waste Composting Form U Residual Waste Demonstration Permit Residual Waste Disposal Impoundment Residual Waste Class I or II Residual Waste Class I or II Closure Plan Approval Residual Waste Class I or II Form 19R Residual Waste Class I or II Form U Residual Waste Generator Residual Waste Captive Landfill--Class I, II or III Residual Waste Captive Landfill--Class I, II or III Form 37 Residual Waste Captive Landfill--Class I, II or III Form S Residual Waste Captive Landfill--Class I, II or III Form U Residual Waste Permit by Rule Major Source Plan Approval New Source Review Major Source Plan Approval Air Toxics Major Source Plan Approval New Source Performance Standard Minor Significance Review Minor Source Operation Permit Minor Source Operation Permit Air Toxics Minor Source Plan Approval Air Toxics Certification, Licensing and Bonding
Act 537 Sewage Enforcement Officer Certification
Waterworks Operator Certification
Wastewater Plant Operator Certification
To date, all permit types included in the DEP Money-Back Guarantee Permit Review Program had been assigned a standardized processing time. With this latest program expansion, the Department will not only add the above-named permit types to the standardized processing time category, it will also add a new category of permit application types--Alternative Project Timeline permit applications.
The Department will not assign standardized processing times to permit applications in the Alternative Project Timeline category. Instead, because of the size, complexity and technical issues generally associated with certain applications and the Department's desire to involve the public to a greater degree in these decisions, the Department along with other stakeholders, will negotiate a customized timeline for the processing of the application. Parties to the negotiation shall include DEP, the applicant and its representatives and representatives of the host community. DEP will not accept an application until such time that a timeline has been fully negotiated.
In the event the parties are unable to reach consensus on a timeline, the Department will determine an appropriate timeline. In these situations, the Department shall consider the level of public interest and incorporate into the timeline sufficient opportunities for meaningful public participation. Public notice of a negotiated timeline shall be made in the Pennsylvania Bulletin as part of the permit application acceptance announcement.
Should the Department fail to meet the Alternative Project Timeline, the Department will automatically return the permit application fee just as it would for a permit covered by a standardized processing time. Effective July 1, 1996, the Department will process all applications received for the following permit types according to a negotiated timeline:
Low Level Radioactive Waste Disposal Siting
Hazardous Waste Commercial, BIF, Disposal, Treatment
Municipal Waste Landfill
Municipal Waste Construction/Demolition Landfill
Residual Waste Commercial Landfill
For Fact Sheets and additional information regarding specific processing times, contact the nearest regional office, mining district office or Kimberly T. Nelson at (717) 787-9580 or Nelson.Kimberly@a1.dep.pa.us. Additional information may also be obtained at the DEP World Wide Web Site--http:/www.dep.state.pa.us.
JAMES M. SEIF,
Secretary[Pa.B. Doc. No. 96-1053. Filed for public inspection June 28, 1996, 9:00 a.m.]
