Senate Bill 159 Printer's Number 109
PENNSYLVANIA, January 23 - "Record of decision." The document issued by the department
to an applicant which conveys the department's approval or
denial of a permit application, along with each document or
other evidence issued, created or relied upon by the department
in its consideration of the application, including, but not
limited to, correspondence to or from an applicant, any
administrative completeness determination, any technical
deficiency letter or written response thereto , any records or
documents submitted to the department regarding the application,
any public comment on the application and any written response
by the department or the applicant regarding public comment on a
permit application, other State agency written comment to a
permit application and written response by the department or
permit applicant.
"Rules committee." The Environmental Hearing Board Rules
Committee established under section 5.
"Secretary." The Secretary of Environmental Resources of the
Commonwealth.
Section 2. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Jurisdiction.
* * *
(c.1) Standard of review.--In an appeal of a permit issued
by the department in which a record of decision has been
prepared by the department at the time of the permit decision,
the review by the board shall be exclusively limited to the
record of decision. A party shall not be permitted to present
new evidence before the board that was not part of the record of
decision as considered by the department. Any party challenging
the decision of the department before the board must
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