Section 287.212. Conditions of permits—general and right of entry

Each permit issued by the Department will ensure and contain the following conditions:

(1) Except to the extent that the permit states otherwise, the permittee shall operate the facility as described in the approved application.

(2) The permittee shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the solid waste management facility will be, is being, or has been operated to ensure compliance with the act, regulations promulgated under the act, and a permit, license or order issued by the Department under the act.

(3) The permittee shall affect by solid waste management operations only those lands specifically approved in the permit and for which a bond has been filed with the Department under Subchapter E (relating to bonding and insurance requirements).

(4) The permittee shall notify the Department within the time stated in the permit and if no time is stated not later than 45 days, on a form prepared by the Department, after the transfer has occurred of a controlling interest in the owner or operator, if the transfer does not require a permit modification under § 287.154 (relating to public notice and public hearings for permit modifications) or a permit reissuance under § 287.221 (relating to permit reissuance). The notification shall contain the same information relating to the person who obtained the controlling interest in the owner or operator as is required of a permit applicant in a permit application under § § 287.124 and 287.125 (relating to identification of interests; and compliance information). A ‘‘controlling interest’’ means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

The provisions of this § 287.212 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226524).