Transition scheme

Act 97 of 1980, § 404, under SOLID WASTE MANAGEMENT ACT.

Act 97 of 1980, § 404

Section 404. Transition scheme.

(a) Any person or municipality who:

(1) owns or operates a hazardous waste storage or treatment facility required to have a permit under this act, which facility is in existence on the effective date of this act;

(2) has complied with the requirements of section 501(c);

(3) has made an application for a permit under this act; and

(4) operates and continues to operate in such a manner as will not cause, or create a risk of, a health hazard, a public nuisance, or an adverse effect upon the environment;

shall be treated as having been issued such permit until such time as a final departmental action on such application is made. In no instance shall such person or municipality continue to store or treat hazardous wastes without obtaining a permit from the department within two years after the date of enactment hereof.

(b) Any person or municipality who:

(1) as of the effective date of this act transports hazardous waste within the Commonwealth and is required to have a license under this act;

(2) has complied with the requirements of section 501(c);

(3) has made an application for a license under this act; and

(4) transports and continues to transport in such a manner as will not cause, or create a risk of, a health hazard, a public nuisance, or an adverse effect upon the environment;

shall be treated as having been issued such license until such time as a final departmental action on such application is made. In no instance shall such person or municipality continue to transport hazardous waste without obtaining a license from the department within two years after the date of enactment.