Friday, August 6, 2010

Guidance Published By DEP, DCED On New Permit Extensions Law

The Department of Environmental Protection today published notice of the permits and approvals covered by the permit extension requirements include in the Fiscal Code bill (Act 46) passed as part of the budget in July. DEP also published more detailed guidance on implementing Act 46.
The Department of Community and Economic Development published its guidance on implementing Act 46 on July 31.
The Act automatically extends the expiration date of certain types of approvals, permits, decisions, agreements and other authorizations or decisions in effect, or issued, after December 31, 2008. The extension provided under Act 46 lasts until July 1, 2013.
By its express terms, Act 46 does not apply to: (1) an approval issued to comply with federal law, the duration or terms of expiration of which is specified or determined by federal law; or (2) requirements that are necessary to retain federal delegation to, or assumption by, the Commonwealth of the authority to implement a federal law or program.
For example, Act 46 does not extend any of the NPDES permits administered by the Department or County Conservation Districts, including those for construction activities, for both of those reasons. For the list of permits covered, see the Bulletin notice and a copy of the detailed DEP guidance on implementing Act 46.
NewsClip: State Permit Extension Law Gives Builders Breathing Room

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