Section 13.21. LPG facilities over 400,000 gallons

(a) The owner or operator of a new LPG facility in excess of 400,000 gallons or an existing LPG facility expanded to exceed 400,000 gallons shall submit an application to the Department which includes the following:

(1) A completed registration form required under § 13.5 (relating to registration and annual permits) and a completed application required under § 13.20 (relating to application process and plan approval).

(2) Documentation and plans providing the following information:

(i) Storage quantities.

(ii) Proximity to populated areas and public ways.

(iii) The impact of any rejection from the Department upon the LPG facility’s ability to service current and anticipated consumer needs and upon the LPG facility’s business investment.

(iv) The risk to and from existing adjacent facilities.

(v) Topography of the site.

(vi) Access for emergency vehicle response.

(vii) Public and private utilities.

(viii) Requirements for receipt or shipment of products.

(ix) Compliance with local land use ordinances.

(x) The safety plan proposed by the LPG facility, such as emergency systems, spill containment, fire protection, fencing and lighting.

(3) Proof of notification to the municipality required in subsection (b). The Department will accept a copy of the notification and signed certified mail receipt card as proof of notification to the municipality.

(4) The appropriate fee required under § 13.3 (relating to fees).

(b) The applicant shall notify the municipality where the LPG facility is located by certified mail that an application is being filed with the Department.

(c) The Department will publish notice of the application in the Pennsylvania Bulletin within 10 business days of receipt of the application. An aggrieved party may file a protest with the Department 45 days from the publication of the notice. A municipality or county may file written comment with the Department within 45 days from publication of the notice.

(d) Within 90 days of publication of the notice, the Department will issue a written determination containing the approval or disapproval of the application. The Department will send a copy of the determination by certified mail to the applicant and to all parties who filed a notice of protest or submitted written comments.

(e) The LPG facility owner or operator may not install or operate the LPG facility or the expanded portion of the LPG facility until it has received an annual permit issued by the Department.

The provisions of this § 13.21 amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4927. Immediately preceding text appears at serial page (220118).

Notation

Authority

The provisions of this § 13.21 amended under section 16 of the Propane and Liquefied Petroleum Gas Act (35 P. S. § 1329.16).