71 Pa. Stat. § 510-5

Current through Pa Acts 2024-53, 2024-56 through 2024-79
Section 510-5 - Cooperation with municipalities (Adm. Code Section 1905-A)
(a) The Department of Environmental Resources shall cooperate with municipalities in the construction and completion of projects and improvements for the conservation of water and the control of floods. For this purpose, the department shall have the power to use and expend any funds advanced by municipalities, under authority of law, on the projects and improvements designated, when such funds are advanced, in the same manner as it expends any funds appropriated by the Commonwealth for similar purposes.
(b)
(1) The Department of Environmental Resources shall require every applicant for the following permits and permit revisions to give written notice to each municipality in which the activities are located:
(i) Air quality permits applied for pursuant to the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the "Air Pollution Control Act."
(ii) Water allocation permits applied for pursuant to the act of June 24, 1939 (P.L. 842, No. 365), entitled "An act relating to the acquisition of rights to divert water from rivers, streams, natural lakes, and ponds, or other surface waters within the Commonwealth or partly within and partly without the Commonwealth; defining various words and phrases; vesting in the Water and Power Resources Board certain powers and authorities for the conservation, control and equitable use of the waters within the Commonwealth in the interests of the people of the Commonwealth; making available for public water supply purposes, water rights heretofore or hereafter acquired but not used; providing for hearings by the Water and Power Resources Board and for appeals from its decisions; fixing fees; granting to all public water supply agencies heretofore or hereafter created the right of eminent domain as to waters and the land covered by said waters; repealing all acts or parts of acts inconsistent herewith, including Act No. 109, Pamphlet Laws 152, approved April 13, 1905, Act No. 307, Pamphlet Laws 455, approved June 7, 1907, Act No. 64, Pamphlet Laws 258, approved April 8, 1937."
(iii) Water obstruction permits applied for pursuant to the act of November 26, 1978 (P.L. 1375, No. 325), known as the "Dam Safety and Encroachments Act."
(iv) Water quality permits, except permits relating to coal mining activities, applied for pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law."
(v) Solid waste and hazardous waste permits applied for pursuant to the act of July 7, 1980 (P.L. 380, No. 97) , known as the "Solid Waste Management Act."
(2) In the case of written notices sent pursuant to subclauses (i), (ii), (iii) and (iv), the written notices shall be received by the municipalities at least thirty (30) days before the Department of Environmental Resources may issue or deny the permit. In the case of written notices sent pursuant to subclause (v), the written notices shall be received by the municipalities at least sixty (60) days before the Department of Environmental Resources may issue or deny the permit.
(3) The provisions of this subsection shall not apply to permits relating to coal mining activities issued under the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act," the act of April 27, 1966 (1st Sp.Sess., P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act," and the act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."
(4) When the department issues an emergency permit to respond to or alleviate an actual or imminent threat to life, property or the environment, such as activities conducted in compliance with the emergency response provisions of the Natural Gas Pipeline Safety Act of 1968 ( Public Law 90-481, 49 U.S.C. § 1671 et seq.) and 49 CFR 192.615 (relating to emergency plans), the provisions of clause (2) and any other provision in regulation requiring notice to the affected municipality shall not apply. The applicant shall notify the affected municipality of an emergency permit as soon as possible verbally and provide a follow-up notice in writing within forty-eight (48) hours from the issuance of an emergency permit.

71 P.S. § 510-5

1929, April 9, P.L. 177, art. XIX-A, § 1905-A, added 1970, Dec. 3, P.L. 834, No. 275, § 20, effective 1/19/1971. Amended 1984, Feb. 17, P.L. 75, No. 14, § 11, effective in 60 days; 1991, Aug. 14, P.L. 331, No. 35, § 13, imd. effective.