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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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