Section 127.11. Plan approval requirements

Except as provided in § § 127.11a and 127.215 (relating to reactivation of sources; and reactivation), a person may not cause or permit the construction or modification of an air contamination source, the reactivation of an air contamination source after the source has been out of operation or production for 1 year or more, or the installation of an air cleaning device on an air contamination source, unless the construction, modification, reactivation or installation has been approved by the Department.

The provisions of this § 127.11 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended March 17, 1989, effective March 18, 1989, 19 Pa.B. 1169; amended November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899. Immediately preceding text appears at serial page (185997).

Notation

Notes of Decisions

General Comments

Department of Environmental Resources’ appeal to Commonwealth Court after the granting of a demurrer in County Court was barred by the concept of double jeopardy. Department of Environmental Resources v. Monarch Pallet Corp., 532 A.2d 1246 (Pa. Cmwlth. 1987).

Cross References

This section cited in 25 Pa. Code § 127.25 (relating to compliance requirement); 25 Pa. Code § 127.443 (relating to operating permit requirements); and 25 Pa. Code § 129.92 (relating to RACT proposal requirements).