Section 271.125. Compliance information

(a) An application shall contain the following information for the 10-year period prior to the date on which the application is filed:

(1) A description of notices of violation, including the date, location, nature and disposition of the violation, that were sent by the Department to the applicant or a related party, concerning the act, the environmental protection acts, a regulation or order of the Department or a condition of a permit or license. In lieu of a description, the applicant may provide a copy of notices of violation.

(2) A description of administrative orders, civil penalty assessments and bond forfeiture actions by the Department, and civil penalty actions adjudicated by the EHB, against the applicant or a related party concerning the act, the environmental protection acts or a regulation or order of the Department or a condition of a permit or license. The description shall include the date, location, nature and disposition of the actions. In lieu of a description, the applicant may provide a copy of the orders, assessments and actions.

(3) A description of summary, misdemeanor or felony convictions, pleas of guilty or pleas of no contest that have been obtained in this Commonwealth against the applicant or a related party under the act and the environmental protection acts, or under other acts in this Commonwealth concerning the storage, collection, treatment, transportation, processing or disposal of solid waste. The description shall include the date, location, nature and disposition of the actions.

(4) A description of court proceedings concerning the act or the environmental protection acts that were not described under paragraph (3), in which the applicant or a related party has been a party. The description shall include the date, location, nature and disposition of the proceedings.

(5) A description of consent orders, consent adjudications, consent decrees or settlement agreements in this Commonwealth entered by the applicant or a related party concerning the act, the environmental protection acts or an environmental protection ordinance, in which the Department, the EPA or a county health department was a party. The description shall include the date, location, nature and disposition of the action. In lieu of a description, the applicant may provide a copy of the order, adjudication, decree or agreement.

(6) For facilities and activities identified under § 271.124 (relating to identification of interests), a statement of whether the facility or activity was the subject of an administrative order, consent agreement, consent adjudication, consent order, settlement agreement, court order, civil penalty, bond forfeiture proceeding, criminal conviction, guilty or no contest plea to a criminal charge or permit or license suspension or revocation under the act or the environmental protection acts. If the facilities or activities were subject to these actions, the applicant shall state the date, location, nature and disposition of the violation. In lieu of a description, the applicant may provide a copy of the appropriate document. The application shall also state whether the Department has denied a permit application filed by the applicant or a related party, based on compliance status.

(7) When the owner or operator is a corporation, partnership or limited liability company, a list of each principal shareholder, partner or member that has also been a principal shareholder, partner or member of another corporation, partnership or limited liability company which has committed violations of the act or the environmental protection acts. The list shall include the date, location, nature and disposition of the violation, and shall explain the relationships between the principal shareholder, partner or member and both of the following:

(i) The owner or operator.

(ii) The other corporation, partnership or limited liability company.

(8) A description of misdemeanor or felony convictions, pleas of guilty and pleas of no contest, by the applicant or a related party for violations outside of this Commonwealth of the environmental protection acts. The description shall include the date of the convictions or pleas, and the date, location and nature of the offense.

(9) A description of final administrative orders, court orders, court decrees, consent decrees or adjudications, consent orders, final civil penalty adjudications, final bond forfeiture actions or settlement agreements involving the applicant or a related party for violations outside of this Commonwealth of the environmental protection acts. The description shall include the date of the action and the location and nature of the underlying violation. In lieu of a description, the applicant may provide a copy of the appropriate document.

(b) If the waste to be disposed or processed is generated outside the county in which the facility is proposed to be located, the application shall also include a description of applicable State and local laws, including State and local solid waste management plans adopted under those laws, that may affect, limit or prohibit the transportation, processing or disposal of the waste at the proposed facility. The application shall state whether or not disposal or processing of waste from each generating county may violate each applicable law or plan.

The provisions of this § 271.125 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (270910) and (225995) to (225996).

Notation

Cross References

This section cited in 25 Pa. Code § 271.212 (relating to conditions of permits); 25 Pa. Code § 271.221 (relating to permit reissuance); 25 Pa. Code § 271.331 (relating to bond and trust amount determination); 25 Pa. Code § 271.502 (relating to relationship to other requirements); 25 Pa. Code § 271.832 (relating to waiver and modification of requirements); 25 Pa. Code § 273.313 (relating to annual operation report); 25 Pa. Code § 277.312 (relating to annual operation report); 25 Pa. Code § 279.252 (relating to annual operation report); 25 Pa. Code § 281.272 (relating to annual operation report); 25 Pa. Code § 283.262 (relating to annual operation report); 25 Pa. Code § 284.122 (relating to waiver or modification of certain requirements); and 25 Pa. Code § 284.611 (relating to general application requirements).