PENNSYLVANIA BULLETIN Volume 29 Number 17 Saturday, April 24, 1999 • Harrisburg, Pa
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PENNSYLVANIA BULLETIN Volume 29 Number 17 Saturday, April 24, 1999 • Harrisburg, Pa. Pages 2135—2252 See Part II page 2231 for Part I the Environmental Quality Board’s Bottled Water Systems—Permit by Rule Agencies in this issue: The Courts Delaware River Basin Commission Department of Banking Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Transportation Environmental Hearing Board Environmental Quality Board Independent Regulatory Review Commission Insurance Department Liquor Control Board Pennsylvania Commission for Women Pennsylvania Public Utility Commission State Board of Psychology State Employes’ Retirement System Turnpike Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 293, April 1999 published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Postmaster send address changes to: Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 2340 800 W. Church Rd. (800) 334-1429 ext. 2340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 2340 (toll free, in State) Copyright 1999 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 2137 Contents THE COURTS ENVIRONMENTAL HEARING BOARD Notices JUDICIAL SYSTEM GENERAL PROVISIONS Metz Contracting, Inc. v. DEP; EHB doc. no. Amendment of Rule 204 of the Pennsylvania Bar 99-061-R .......................................2195 Admission Rules; no. 219 Supreme Court rules ENVIRONMENTAL QUALITY BOARD doc. no. 1.......................................2143 Rules and Regulations LOCAL COURT RULES Bottled water systems—permit by rule (Part II) ....2231 Carbon County INDEPENDENT REGULATORY REVIEW Accelerated Rehabilitative Dispositions program COMMISSION (ARD)—administrative fee; 34 MI 99.............2143 Notices Actions taken by the Commission ..................2195 Notice of comments issued ........................2197 EXECUTIVE AGENCIES Notice of filing of final rulemakings ................2203 INSURANCE DEPARTMENT DELAWARE RIVER BASIN COMMISSION Notices Notices Application for approval to acquire control of Tri- Commission meeting and public hearings ..........2150 Century Insurance Company ....................2203 DEPARTMENT OF BANKING Review procedure hearings under the Unfair Insur- ance Practices Act ..............................2204 Notices LIQUOR CONTROL BOARD Action on applications.............................2151 Maximum lawful rate of interest for residential Notices mortgages for the month of May 1999............2152 Expiration of leases ...............................2204 PENNSYLVANIA COMMISSION FOR WOMEN DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES Notices Hearing notice....................................2205 Notices Retention of a professional design firm or firms; PENNSYLVANIA PUBLIC UTILITY COMMISSION project reference no. FDC-500-520 ...............2153 Statements of Policy Tariff provisions that limit the liability of utilities DEPARTMENT OF ENVIRONMENTAL PROTECTION for injury or damage as a result of negligence or See also ENVIRONMENTAL QUALITY BOARD intentional torts ................................2147 Proposed Rulemaking Notices Wastewater management; advance notice of final Peoples Natural Gas Company—gas service ........2206 Pike County Light & Power Company—sale of rulemaking .....................................2145 certain designated generating and related Notices assets ..........................................2206 Applications, actions and special notices............2155 Republic Development Corporation—water service . 2212 Grants available for local watershed AMD abate- Service of notice of motor carrier applications.......2206 Telecommunications: ment projects ...................................2188 Bell Atlantic-Pennsylvania, Inc. and Cellular DEPARTMENT OF GENERAL SERVICES Rentals, Inc................................... 2211 Bell Atlantic-Pennsylvania, Inc. and Omnipoint Notices Communications, Inc. .........................2212 Contract awards ..................................2225 State contracts information........................2252 STATE BOARD OF PSYCHOLOGY Proposed Rulemaking DEPARTMENT OF TRANSPORTATION Application fees ..................................2145 Notices STATE EMPLOYES’ RETIREMENT SYSTEM Findings: Cambria County ................................2188 Notices Indiana County .................................2188 Request for proposal for medical consultant services; Montgomery County ............................2188 request for proposal 1999-1......................2212 Unclassified ....................................2189 TURNPIKE COMMISSION Venango County ................................2189 Notices Retention of engineering firms.....................2189 Retention of an engineering firm...................2212 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 29, NO. 17, APRIL 24, 1999 2138 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. 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Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin a Notice of Proposed Rulemaking. for Adopting Rules and a list of annotated cases. There are limited instances where the agency may Source Notes give you the history of the documents. omit the proposal step; they still must publish the To see if there have been recent changes, not yet adopted version. codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background