Section 287.201. Criteria for permit issuance or denial

(a) A permit application will not be approved unless the applicant affirmatively demonstrates to the Department’s satisfaction that the following conditions are met:

(1) The permit application is complete and accurate.

(2) Residual waste management operations can be feasibly accomplished pursuant to the application as required by the act, the environmental protection acts and this title.

(3) The requirements of the act, the environmental protection acts, this title and PA. CONST. Art. I, § 27 have been complied with.

(4) The mitigation plans required by § 287.127 (relating to environmental assessment) are implemented if required by the Department.

(5) Residual waste management operations under the permit will not cause air pollution, or water pollution, except that the Department may approve an application for permit modification to control or abate groundwater degradation under a new or modified groundwater collection or treatment facility.

(6) When the potential for mine subsidence exists, subsidence will not endanger or lessen the ability of the proposed facility to operate in a manner that is consistent with the act, the environmental protection acts and this title, and will not cause the proposed operation to endanger the environment or public health, safety or welfare.

(7) The compliance status of the applicant or a related party under section 503(c) and (d) of the act (35 P. S. § 6018.503(c) and (d)) does not require or allow permit denial.

(b) Failure by the Department to comply with a timetable in § 287.202 or § 287.203 (relating to completeness review; and review period) will not be construed or understood to constitute grounds for issuance of a permit.

The provisions of this § 287.201 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (250864).