| (a) Permit required for development over a closed municipal
solid waste (MSW) landfill unit.
(1) No person may commence or continue physical construction
of an enclosed structure over a closed MSW landfill as defined in §330.951
of this title (relating to Definitions) without first submitting a
development permit application in accordance with §330.956 of
this title (relating to Application for Proposed or Existing Constructions
Over a Closed Municipal Solid Waste Landfill Unit, General Requirements)
and receiving a development permit issued by the executive director,
except as noted in paragraph (7) of this subsection. The permit issued
by the executive director under this subchapter is a development permit
and not a permit for the management of solid waste. A permit application
for a development permit shall comply with those requirements in this
subchapter. A permit application to manage MSW shall comply with the
applicable sections of Chapter 281 and Chapter 305 of this title (relating
to Applications Processing and Consolidated Permits), and Subchapters
A - M of this chapter.
(2) A development permit is required for construction
of an enclosed structure over a closed MSW landfill that had received
a permit under §330.7 of this title (relating to Permit Required)
and had its permit revoked at the end of the post-closure care period
in accordance with §305.67 of this title (relating to Revocation
and Suspension upon Request or Consent) or for construction of an
enclosed structure over a non-permitted closed MSW landfill. The exact
waste boundary may be determined through soil boring tests in accordance
with §330.953 of this title (relating to Soil Test Required before
Development), or through alternative investigation methods approved
by the executive director.
(3) A development permit for construction of an enclosed
structure is required for an entire property that includes a closed
MSW landfill with unknown boundaries as defined in §330.951 of
this title.
(4) The permit application under this subchapter must
be received at least 45 days prior to the proposed commencement of
construction over the closed MSW landfill unit.
(5) If a person directs an engineer to conduct Soil
Test I, and the soil test reveals the existence of a closed MSW landfill
unit after the commencement of construction, construction of the enclosed
structure being built over the waste area shall cease immediately,
and a permit application shall be submitted and a development permit
issued before construction of the enclosed structure over the waste
area unit can resume. The person may proceed with construction and
development of other facilities, including those items listed in the
definition of essential improvements.
(6) If a person directs an engineer to conduct either
Soil Test II or Soil Test III and the engineer discovers a closed
MSW landfill unit as a result of the test, the person shall submit
a permit application. Development of an enclosed structure over the
closed landfill unit cannot begin until a development permit is issued.
(7) If a person directs an engineer to conduct either
Soil Test II or Soil Test III and the engineer does not detect a closed
MSW landfill unit as a result of the test, but subsequently discovers
a closed MSW landfill unit during the development, the person is not
required to submit a permit application but must meet the provisions
of §330.959 of this title (relating to Contents of Registration
Application for an Existing Structure Built Over a Closed Municipal
Solid Waste Landfill Unit).
(8) As part of the application, the owner shall provide
the name and physical and mailing addresses of a public building with
normal operating hours such as library, city hall, or county courthouse
where the application can be viewed by the general public. The facilities
where the permit can be viewed shall be in compliance with all applicable
requirements of the Americans with Disabilities Act. The application
shall also include an adjacent landowner list.
(b) Review and approval of permit application.
(1) Notice of the opportunity to request a public meeting
for an application shall be provided not later than 45 days of the
executive director's receipt of the application in accordance with
the procedures contained in §39.501(c) of this title (relating
to Application for Municipal Solid Waste Permit). The owner or operator
and the commission shall hold a public meeting in the local area,
prior to facility authorization, if a public meeting is required based
on the criteria contained in §55.154(c) of this title (relating
to Public Meetings). This section does not require the commission
to respond to comments, and it does not create an opportunity for
a contested case hearing. The purpose of the public meeting is for
the public to provide input for consideration by the commission, and
for the applicant and commission staff to provide information to the
public.
(2) The commission shall notify the owner by mail of
the date and time of the meeting .
(3) The commission shall require the applicant to publish
notice of the meeting in a newspaper that is generally circulated
in each county in which the property proposed for development is located.
The published notice must appear at least once a week for the two
weeks before the date of the meeting. The commission shall also notify
all individuals on the list of adjacent landowners at least 15 days
prior to the meeting. The notice shall list the location, date, and
time of the public meeting, and the location of the public building
where the development permit application can be viewed.
(4) The executive director's staff will conduct the
public meeting at the designated location. The owner will make a presentation
of the application, the executive director's staff will describe the
development permit, and public comment will be received. The public
meeting is not an evidentiary proceeding.
(5) On or before the fifth day following the public
meeting:
(A) the executive director will either approve or deny
the development permit application. The executive director shall base
the decision on whether the application meets each of the requirements
of §330.956 of this title and §330.957 of this title (relating
to Contents of the Development Permit and Workplan Application). A
decision denying the permit shall state the deficiencies that were
cause for the denial and any modifications necessary to correct those
deficiencies; and
(B) a person may submit in writing to the chief clerk
a request to be notified of the executive director's decision on the
application.
(6) The date on which the executive director issues
the order shall be construed as the date on which notice of the decision
is mailed to the owner and to each person that requested notification
of the executive director's decision in accordance with paragraph
(5)(B) of this subsection.
(7) Petition for review of executive director's decision.
(A) The owner or a person may file a petition for review
not later than the tenth day after the date the executive director
issues the order. The owner or person that files a petition shall
file the petition with the chief clerk, and shall mail a copy of the
petition to the owner and to each person that requested notification
of the executive director's decision in accordance with paragraph
(5)(B) of this subsection.
(B) If a petition for review is filed, the commission
shall act on the petition for review within 35 days after issuance
of the executive director's order or at the next scheduled commission
meeting, whichever is later. The commission may affirm or reverse
the order issued by the executive director.
(C) A commission order ruling on a petition for review
is final and effective on the date issued.
(8) If no petition for review is filed ten days after
the executive director issues a decision, the decision is final and
effective on the 11th day after the date the decision was issued.
(9) If the actual cost of reviewing the permit is not
equal to the application fee, the owner will be presented with either
a refund or an invoice in accordance with subsection (a)(7) of this
section. If an invoice is submitted, a development permit will not
be issued until the invoice is paid.
(10) An owner who is denied a development permit may
submit a new application to the executive director.
(c) Requirements for development over a closed MSW
landfill in post-closure care.
(1) For an MSW landfill that is covered by an existing
permit for the management of solid waste received under §330.7
of this title and is currently in post-closure care, no person may
commence physical construction of an enclosed structure without submitting
a permit modification application for the closure plan and post-closure
plan of the existing permit in accordance with §305.70(j)(6)
of this title (relating to Municipal Solid Waste Permit and Registration
Modifications), or a permit amendment application in accordance with §305.62
of this title (relating to Amendment), and a workplan including those
items listed in §330.957 of this Cont'd... |
