PRINTER'S NO. 1683
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1353
Session of
2017
INTRODUCED BY BLOOM, WARD, PICKETT, MILLARD, GODSHALL, SOLOMON,
ZIMMERMAN, B. MILLER, RYAN, FEE, KEEFER, GROVE, SAYLOR, MOUL,
WHEELAND, COX, SANKEY, BARRAR, MENTZER, GILLEN AND GABLER,
MAY 9, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 9, 2017
AN ACT
Requiring the Department of Environmental Protection to provide
certain notice relating to incomplete and technically
deficient applications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fairness in
Environmental Protection Permitting Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person that submits an application for a
permit to the department.
"Application." A submittal to the department by a person
that seeks or otherwise requests any of the following:
(1) New permit.
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(2) Permit renewal.
(3) Permit amendment.
(4) Permit modification.
(5) Permit transfer.
(6) Change of ownership of a permit.
"Application manager or permit reviewer." The specific
department staff member that is responsible for the processing
of an application and is the primary contact for review of the
application.
"Completeness review." The process by which department staff
review applications to determine if the applications are
complete and technically adequate, addressing all applicable
regulatory and statutory requirements.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Incomplete application." An application package that does
not include all required documents and information necessary to
perform a completeness review.
"Permit." Authorization issued by the department or under a
delegated agreement by the department, giving approval to
perform a regulated activity. The term includes the
authorization type of permit, plan approval and registration
under a general permit. The term does not include a
certification or license.
"Person." An individual, firm, joint venture, partnership,
corporation, association, municipality, municipal authority,
cooperative association or joint stock association, including a
trustee, receiver, assignee or personal representative thereof.
"Technical review." A review of the technical aspects of an
application to determine if the application meets all regulatory
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and statutory requirements required for permit issuance.
"Technically deficient application." An application package
that does not include all necessary documents and information in
sufficient detail to perform a technical review.
Section 3. Incomplete and technically deficient applications.
(a) General rule.--If an application manager finds an
incomplete application or technically deficient application, the
application manager shall notify the applicant in writing or
electronically of all deficiencies in the application. The
notification shall:
(1) cite precisely which provision of a statute or
regulation requires a correction of or additional information
within the application;
(2) state precisely why the application is not in
conformance with the cited regulation or statute; and
(3) enumerate precisely the additional information or
corrections necessary for a permit or authorization.
(b) Time period.--
(1) When an application is determined to be incomplete,
the application manager shall notify the applicant of the
determination within 10 business days of receipt of the
application.
(2) When an application is determined to be technically
deficient, the application manager shall notify the applicant
of the determination within 20 business days following an
affirmative conclusion of a completeness review.
Section 4. Effective date.
This act shall take effect in 60 days.
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