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Pennsylvania Statutes Title 35 P.S. Health and Safety § 1329.10. Application process

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Application required.--Any person that plans to operate a new LPG facility in excess of 400,000 gallons or expand an existing LPG facility to exceed 400,000 gallons shall submit an application to the department.  Upon submission of the application to the department, the applicant shall notify the municipality where the facility is located that the applicant has filed an application with the department.  Notification shall be made via certified mail.

(b) Publication.--Within ten business days of receipt of the application, the department shall arrange for publication of a notice of application in the Pennsylvania Bulletin.  The notice shall include the due date for protests or comments.

(c) Protest or comments.--

(1) The municipality or county in which the LPG facility would be located is a party for purposes of protest or comments on an application for siting.

(2) Any party that wishes to protest the approval of an application must file a notice of protest with the department within 45 days after the date of the publication of the notice of application.  Any party that does not file a protest on a timely basis shall be barred from any participation in the application or appeal process except as provided in paragraph (3).

(3) In lieu of a protest, a municipality or county may submit written comments on the application within 45 days following the notice described in subsection (b).  If the municipality fails to file a protest or comments on a timely basis, the municipality or county shall be deemed to have waived its status as a party in any subsequent administrative proceeding or appeal.

(d) Review.--The department shall review the written submissions and may inspect the site.  The department shall issue a written determination approving or disapproving the application within 90 days of the publication of the notice of application, and a copy of the determination shall be sent by certified mail to the applicant and to all parties who filed a notice of protest or submitted written comments pursuant to subsection (c).  This time may be extended only upon receipt of a written approval of the extension from the applicant.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 1329.10. Application process - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-1329-10/

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