1. (a) An application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed activities will not be approved unless the applicant demonstrates and the Department finds, in writing, on the basis of the information set forth in the complete application that:

   1. (1) The structure meets the standards of Chapter 87 Subchapter E; Chapter 88 Subchapters B—F; Chapter 89; or Chapter 90 Subchapter D.
   2. (2) If the existing structure meets the performance standards of Chapter 87 Subchapter E; Chapter 88 Subchapters B—F; Chapter 89; or Chapter 90 Subchapter D, but does not meet the design requirements of Chapter 87 Subchapter E; Chapter 88 Subchapters B—F; Chapter 89; or Chapter 90 Subchapter D, no presumptive evidence of pollution to the environment or risk to public health or safety will result from use of the structure.

2. (b) Noncomplying existing structures shall be modified or reconstructed within 6 months after issuance of the permit; however, the Department may approve a longer period if the applicant demonstrates that:

   1. (1) A longer period of time is necessary to modify or reconstruct the existing structure.
   2. (2) The risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

Source

The provisions of this § 86.38 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, effective upon the granting of primary jurisdiction to the Commonwealth of Pennsylvania by the Secretary of the United States Department of Interior, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860. Immediately preceding text appears at serial pages (72002) to (72003).