1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," in powers and duties of
21Department of Environmental Protection, further providing for
22cooperation with municipalities.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1. Section 1905-A of the act of April 9, 1929
26(P.L.177, No.175), known as The Administrative Code of 1929,
27amended February 17, 1984 (P.L.75, No.14) and August 14, 1991

1(P.L.331, No.35), is amended to read:

2Section 1905-A. Cooperation with Municipalities and Public 
3Information.--(a) The Department of Environmental [Resources] 
4Protection shall cooperate with municipalities in the
5construction and completion of projects and improvements for the
6conservation of water and the control of floods. For this
7purpose, the department shall have the power to use and expend
8any funds advanced by municipalities, under authority of law, on
9the projects and improvements designated, when such funds are
10advanced, in the same manner as it expends any funds
11appropriated by the Commonwealth for similar purposes.

12(b) (1) The Department of Environmental [Resources] 
13Protection shall require every applicant for the following
14permits and permit revisions to give written notice to each
15municipality in which the activities are located:

16(i) Air quality permits applied for pursuant to the act of
17January 8, 1960 (1959 P.L.2119, No.787), known as the "Air
18Pollution Control Act."

19(ii) Water allocation permits applied for pursuant to the
20act of June 24, 1939 (P.L.842, No.365), entitled "An act
21relating to the acquisition of rights to divert water from
22rivers, streams, natural lakes, and ponds, or other surface
23waters within the Commonwealth or partly within and partly
24without the Commonwealth; defining various words and phrases;
25vesting in the Water and Power Resources Board certain powers
26and authorities for the conservation, control and equitable use
27of the waters within the Commonwealth in the interests of the
28people of the Commonwealth; making available for public water
29supply purposes, water rights heretofore or hereafter acquired
30but not used; providing for hearings by the Water and Power

1Resources Board and for appeals from its decisions; fixing fees;
2granting to all public water supply agencies heretofore or
3hereafter created the right of eminent domain as to waters and
4the land covered by said waters; repealing all acts or parts of
5acts inconsistent herewith, including Act No.109, Pamphlet Laws
6152, approved April 13, 1905, Act No.307, Pamphlet Laws 455,
7approved June 7, 1907, Act No.64, Pamphlet Laws 258, approved
8April 8, 1937."

9(iii) Water obstruction permits applied for pursuant to the
10act of November 26, 1978 (P.L.1375, No.325), known as the "Dam
11Safety and Encroachments Act."

12(iv) Water quality permits, except permits relating to coal
13mining activities, applied for pursuant to the act of June 22,
141937 (P.L.1987, No.394), known as "The Clean Streams Law."

15(v) Solid waste and hazardous waste permits applied for
16pursuant to the act of July 7, 1980 (P.L.380, No.97), known as
17the "Solid Waste Management Act."

18(1.1) The Department of Environmental Protection shall
19require every applicant for a permit or permit revision of the
20types listed in clause (1)(i), (ii), (iii) and (iv) to give
21written notice of the following to each landowner owning land in
22the area of concern and to each resident in the area of concern:

23(i) The information contained in subsection (c), to be
24provided within thirty (30) days of submission of the
25application to the Department of Environmental Protection.

26(ii) The date of publication of the permit application in
27the Pennsylvania Bulletin and information addressing the
28submission of public comments to the Department of Environmental
29Protection regarding the permit application.

30(iii) The date, location and time of any hearing scheduled

1by the Department of Environmental Protection regarding the
2permit application, to be provided at least five (5) days prior
3to the hearing date.

4(2) In the case of written notices sent pursuant to
5[subclauses (i)] clause (1)(i), (ii), (iii) and (iv), the
6written notices shall be received by the municipalities and each 
7landowner at least thirty (30) days before the Department of
8Environmental [Resources] Protection may issue or deny the
9permit. In the case of written notices sent pursuant to
10subclause (v), the written notices shall be received by the
11municipalities and each landowner at least sixty (60) days
12before the Department of Environmental [Resources] Protection
13may issue or deny the permit.

14(3) The provisions of this subsection shall not apply to
15permits relating to coal mining activities issued under the act
16of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams
17Law," the act of May 31, 1945 (P.L.1198, No.418), known as the
18"Surface Mining Conservation and Reclamation Act," the act of
19April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as "The
20Bituminous Mine Subsidence and Land Conservation Act," and the
21act of September 24, 1968 (P.L.1040, No.318), known as the "Coal
22Refuse Disposal Control Act."

23(4) When the department issues an emergency permit to
24respond to or alleviate an actual or imminent threat to life,
25property or the environment, such as activities conducted in
26compliance with the emergency response provisions of the Natural
27Gas Pipeline Safety Act of 1968 (Public Law 90-481, 49 U.S.C. §
281671 et seq.) and 49 CFR 192.615 (relating to emergency plans),
29the provisions of clause (2) and any other provision in
30regulation requiring notice to the affected municipality shall

1not apply. The applicant shall notify the affected municipality
2of an emergency permit as soon as possible verbally and provide
3a follow-up notice in writing within forty-eight (48) hours from
4the issuance of an emergency permit.

5(c) The notice to landowners and residents under subsection
6(b)(1.1)(i) shall contain the following information:

7(1) A description of the type of permit application
8submitted to the Department of Environmental Protection.

9(2) A brief description of the activity planned for the
10project under the permit application.

11(3) A statement that the project activity under the permit
12application is anticipated to have one or more impacts on the
13landowners.

14(4) A brief description of the anticipated impact or
15impacts.

16(d) Notwithstanding any provision of law to the contrary,
17the Department of Environmental Protection shall post in its
18entirety on its publicly accessible Internet website each
19application for a permit and permit revision listed in
20subsection (b)(1) and all related supporting documents submitted
21to the Department of Environmental Protection.

22(e) Definitions.--As used in this section, the following
23words and phrases shall have the meanings given to them in this
24subsection unless the context clearly indicates otherwise:

25"Area of concern." An area where all of the following apply:

26(1) An area defined by a radius of one-half mile from the
27center of a proposed permit activity or, where an activity is
28not centralized, an area extending one-half mile beyond the
29boundary of the proposed activity.

30(2) An area where one or more impacts of the type for which

1the Department of Environmental Protection is authorized to
2analyze are anticipated.

3(3) An area where one or more impacts that are not included
4under clause (2), such as noise, vibration or odor, are
5reasonably anticipated to arise from the proposed permitted
6activity.

7"Resident." A unit owner or proprietary lessee of a common
8interest property established under Title 68 of the Pennsylvania
9Consolidated Statutes (relating to real and personal property)
10or a lessee of any building or portion thereof that is leased as
11a residence.

12Section 2. This act shall take effect in 60 days.