Section 3. Permitting process.
(a) Compliance with plan.--Except as provided in subsection (b), the issuance of any permit under the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, or the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, for the construction or operation of any commercial facility for the incineration or disposal of infectious or chemotherapeutic wastes by the Department of Environmental Resources shall take place only after the adoption of and shall be consistent with the Pennsylvania Infectious and Chemotherapeutic Wastes Plan.
(b) Interim permits.--After the effective date of this act and prior to the adoption of a plan by the Environmental Quality Board as provided for in section 4, the Department of Environmental Resources shall have the authority to issue or reissue any required permit or permits for the following purposes:
(1) The operation of any facility for the incineration
of infectious or chemotherapeutic wastes, provided that the
facility for which the permit or permits are issued or
reissued was in existence and had been in operation on or
before the effective date of this act or that the facility
for which the permit or permits are issued or reissued is or
will be an onsite facility managing wastes generated by that
facility.
(2) An onsite incineration facility for infectious or
chemotherapeutic wastes for which permits deemed complete by
the department have been filed on the effective date of this
act.
Compiler's Note: The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of
1995. Its functions were transferred to the Department of
Conservation and Natural Resources and the Department of
Environmental Protection.