H1401B2610A04445 PWK:JMT 10/24/17 #90 A04445
AMENDMENTS TO HOUSE BILL NO. 1401
Sponsor: REPRESENTATIVE MENTZER
Printer's No. 2610
Amend Bill, page 35, by inserting between lines 1 and 2
Section 2403.1. Permit approval.
(a) Operations.--Notwithstanding any other provision of law,
a permit application to undertake an activity related to
unconventional oil and gas development which has not been denied
by the department 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 shall
provide a refund of the fee to the applicant. If the department
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 per permit
application.
(b) Construction.--Nothing within this section shall be
construed to relieve a person from complying with any law
pertaining to the activity for which the permit is sought.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Applicable time period established for review." As follows:
(1) For a well permit required under 58 Pa.C.S. §
3211(a) (relating to well permits), within:
(i) forty-five calendar days of submission; or
(ii) sixty calendar days of submission if the review
period has been extended for cause.
(2) For a general air quality permit, within 30 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.
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