AN ACT

 

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," providing for effect of
21permit issued by Department of Environmental Protection.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. The act of April 9, 1929 (P.L.177, No.175), known
25as The Administrative Code of 1929, is amended by adding a
26section to read:

27Section 1938-A. Effect of Permit Issued by the Department of

1Environmental Protection.--(a) In order to maintain consistency
2and uniformity of the regulation of standards for natural
3resources and environmental protection throughout this
4Commonwealth, when a permit is required from the department in
5order to conduct a regulated activity within this Commonwealth
6and the department issues the permit, the provisions of the
7permit shall supersede all local ordinances and enactments
8purporting to establish standards for natural resources and
9environmental protection which are in conflict with the
10department's regulatory oversight of an activity or the laws and
11regulations of the Commonwealth.

12(b) This section preempts the regulation of all local
13ordinances and enactments which set standards for natural
14resource and environmental protection in activities for which
15permits have been issued or are issued by the department.

16Section 2. This act shall take effect in 60 days.