Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 1803. The Streamlining Permits for Economic Expansion and Development Program

(1) A State-only plan approval to:

(2) An individual or general permit to conduct earth disturbance activities issued under 25 Pa. Code Ch. 102 (relating to erosion and sediment control).

(3) An individual permit issued under 25 Pa. Code Ch. 105 (relating to dam safety and waterway management) that:

(4) A storage tank site specific installation permit issued under 25 Pa. Code §§ 245.231 (relating to scope), 245.232 (relating to general requirements), 245.233 (relating to mapping requirements), 245.234 (relating to siting requirements), 245.235 (relating to Environmental assessment), 245.236 (relating to public notice) and 245.237 (relating to public hearings).

(5) A short-term construction mining general permit issued under section 26(b) of the act of December 19, 1984 (P.L. 1093, No. 219),  4 known as the Noncoal Surface Mining Conservation and Reclamation Act, and 25 Pa. Code Ch. 77 Subch. J   5 (relating to general permits).

(6) A concentrated animal feeding operation permit issued under 25 Pa. Code § 92a.49 (relating to CAFO).

(1) is a professional engineer, land surveyor, geologist, landscape architect or other licensed professional who may be necessary to review applications under the review program;

(2) has five years of relevant permitting experience in this Commonwealth;

(3) holds all required professional licenses as required by law;

(4) has not been convicted of, or pled guilty to:

(5) has not had a professional license revoked by a State licensing board or any other professional licensing agency within the previous 10 years;  and

(6) agrees to be responsible for the qualified professional’s costs if the qualified professional does not perform the initial review according to the timeline and other requirements of subsection (h).

(1) indicate an intent to participate in the program;

(2) agree to pay all costs associated with the expedited review of an eligible permit;  and

(3) submit a completed application to the permitting entity.

(1) Within 10 business days of receiving a request to participate in the program, the permitting entity shall:

(2) Prior to agreeing to perform an initial permit review, the qualified professional shall certify to the department, in a form and manner prescribed by the department, that the qualified professional:

(3) The permit decision timeline shall commence on the day following the qualified professional's submission of the certification required under paragraph (2).

(1) Be subject to all standards, technical specifications, scope of review and other requirements as required by the department.

(2) Be conducted on a timeline established by the department that will enable a permit decision within the permit decision timeline.

(3) Be in accordance with all applicable Federal and State laws and regulations, including applicable Federal and State laws and regulations to protect public health, safety and the environment.

(4) Include a recommendation as to the permit decision, which shall include:

(5) Be subjected to the final review of the permitting entity in accordance with subsection (i).

(1) If the permitting entity reviews the application and the recommendation of the qualified professional and determines that the application is complete and not technically deficient, the permitting entity shall complete the final review and make a final permit decision regarding an eligible permit under the program within the permit decision timeline.

(2) If the permitting entity reviews the application and the recommendation of the qualified professional and determines that the application is incomplete or technically deficient, the permitting entity shall notify the applicant in writing or by electronic means of all of the following:

(3) Failure by the permitting entity to issue a permit decision within the permit decision timeline shall result in the application immediately being subject to priority review, unless waived by the applicant.

(4) Failure by the department to issue a permit decision by the conclusion of the priority review period shall result in a refund to the applicant equal to the actual costs of the qualified professionals review and total permit fees paid by the applicant, unless waived by the applicant.

(5) Failure by the conservation district to issue a permit decision by the conclusion of the priority review period shall result in a refund to the applicant equal to the total permit fees paid by the applicant, unless waived by the applicant.

(6) Failure by the permitting entity to issue a permit decision by the conclusion of the priority review period shall constitute a permitting entity decision subject to the Environmental Hearing Board's jurisdiction under section 4 of the act of July 13, 1988 (P.L. 530, No. 94),  6 known as the Environmental Hearing Board Act.  The following shall apply:

(7) The permit decision timeline shall not include more than two tolling periods during the permitting entity's final review, unless waived by the applicant.

(8) If the permitting entity denies a permit, the permitting entity shall notify the applicant in writing or by electronic means of the procedure an applicant is required to employ to initiate an appeal of an adverse permitting entity decision.

(1) The actual costs shall be based on an hourly rate charged by the qualified professional and the number of hours required to perform the expedited review or a set fee charged by the qualified professional.

(2) The applicant must pay all other applicable fees associated with the eligible permit.

(3) Each year, the department shall publish the hourly rates or set fees of the qualified professional engaged under subsection (b).