H1401B2610A04214 PWK:JSL 10/20/17 #90 A04214
AMENDMENTS TO HOUSE BILL NO. 1401
Sponsor: REPRESENTATIVE BENNINGHOFF
Printer's No. 2610
Amend Bill, page 1, line 11, by inserting after "TAX;"
in general provisions, providing for well permits;
Amend Bill, page 36, by inserting between lines 11 and 12
Section 2. The act is amended by adding a section to read:
Section 3003.23. Well Permits.--(a) Notwithstanding any
other provision of law, a permit application to undertake an
activity related to unconventional oil and gas development under
58 Pa.C.S. Ch. 32 (relating to development) that has not been
denied by the Department of Environmental Protection within the
applicable time period established for review shall be deemed
approved. If the review period for the permit has been extended
for cause, the Department of Environmental Protection shall
provide a refund of the fee to the applicant. If the Department
of Environmental Protection has notified the person of
deficiencies with the application, the period of time from the
date of the receipt of the deficiencies to the date of the
receipt of the person's response shall toll the applicable time
period established for review. Only two tolling periods shall be
authorized.
(b) Within thirty days of the effective date of this
section, the Department of Environmental Protection shall
prepare forms to be completed with relevant information by the
permittee upon an application being deemed approved. The
completed form may be utilized by the permittee to meet any
necessary requirements of law. Forms prepared by the Department
of Environmental Protection shall be available on the
department's publicly accessible Internet website.
(c) Nothing under this section shall be construed to relieve
a person who commences activity under 58 Pa.C.S. § 3211
(relating to well permits) from complying with each law
pertaining to the activity for which the permit is sought.
(d) As used in this section, "applicable time period
established for review" means:
(1) For a well permit required under 58 Pa.C.S. Ch. 32,
within:
(i) forty-five calendar days of submission; or
(ii) sixty calendar days of submission if the review period
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has been extended for cause.
(2) For a general air quality permit, within thirty calendar
days of submission.
(3) For an earth disturbance permit as required under 25 Pa.
Code § 102.5 (relating to permit requirements), within:
(i) fifty-three business days of submission; or
(ii) twenty-four business days of submission for an
expedited application.
Amend Bill, page 36, line 12, by striking out "2" and
inserting
3
Amend Bill, page 36, line 16, by striking out "3" and
inserting
4
Amend Bill, page 36, line 17, by striking out "3" and
inserting
4
Amend Bill, page 36, line 22, by striking out "4" and
inserting
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