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November 1, 2003 (Pages 5403-5494) Pennsylvania Bulletin Volume 33 (2003) Repository 11-1-2003 November 1, 2003 (Pages 5403-5494) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2003 Recommended Citation Pennsylvania Legislative Reference Bureau, "November 1, 2003 (Pages 5403-5494)" (2003). Volume 33 (2003). 44. https://digitalcommons.law.villanova.edu/pabulletin_2003/44 This November is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 33 (2003) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 33 Number 44 Saturday, November 1, 2003 • Harrisburg, Pa. Pages 5403—5494 Agencies in this issue: The Courts Department of Aging Department of Banking Department of Environmental Protection Department of General Services Department of Public Welfare Department of Transportation Environmental Hearing Board Environmental Quality Board Health Care Cost Containment Council Housing Finance Agency Independent Regulatory Review Commission Insurance Department Milk Marketing Board Pennsylvania Public Utility Commission Public School Employees’ Retirement Board Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 348, November 2003 Commonwealth of Pennsylvania, Legislative Reference Bu- PENNSYLVANIA BULLETIN 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.’’ Periodicals postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: FRY COMMUNICATIONS Orders for subscriptions and other circulation matters Attn: Pennsylvania Bulletin should be sent to: 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) published weekly by Fry Communications, Inc. for the Copyright ௠ 2003 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. 5405 CONTENTS THE COURTS ENVIRONMENTAL HEARING BOARD Notices JUDICIAL SYSTEM GENERAL PROVISIONS County of Berks v. DEP; EHB doc. no. 2003-247-K . 5480 Amendment of Rules 205(b) and (c) and 208(d) of the Pennsylvania Rules of Disciplinary Enforce- ENVIRONMENTAL QUALITY BOARD ment; no. 24 disciplinary rules; doc. no. 1 ........5412 Rules and Regulations LOCAL COURT RULES Stream redesignation (Browns Run)................5415 Fayette County Stream redesignation (East Branch Codorus Creek) . 5418 Prompt disposition of matters: termination of inac- Stream redesignations (Oysterville Creek, et al.) ....5420 tive cases; no. 2238 of 2003GD...................5412 HEALTH CARE COST CONTAINMENT COUNCIL Pike County Notices Promulgation of local rule L.Crim.P. 530; no. 1033- 2003 ...........................................5413 Meetings scheduled ...............................5480 Sullivan County HOUSING FINANCE AGENCY 2004 court calendar; no. 2003-1087 ................5413 Notices Wyoming County Property management services; request for propos- 2004 court calendar; no. 2003-1087 ................5413 als.............................................5480 INDEPENDENT REGULATORY REVIEW COMMISSION EXECUTIVE AGENCIES Notices DEPARTMENT OF AGING Notice of comments issued ........................5481 Notices Notice of filing of final rulemakings ................5482 Redesignation of area agency on aging for Union INSURANCE DEPARTMENT and Snyder Counties; notice of intent and public hearings .......................................5425 Notices DEPARTMENT OF BANKING Application for approval to redomesticate to this Commonwealth .................................5483 Notices Catanzano, Michele M.; hearing ...................5483 Action on applications.............................5425 Dwyer, James E. and James & Son, Inc.; pre- DEPARTMENT OF ENVIRONMENTAL PROTECTION hearing ........................................5483 See also ENVIRONMENTAL QUALITY BOARD Medical Care Availability and Reduction of Error Notices Fund; notice of and amount of assessment action; Applications, actions and special notices............5428 notice 2003-09 ..................................5483 Draft general permit for beneficial use of biosolids Review procedure hearings; cancellation or refusal by land application (PAG-8); additional comment. 5477 of insurance ....................................5484 Draft general permit for beneficial use of excep- MILK MARKETING BOARD tional quality (PAG-7); additional comment .......5477 Draft general permit for beneficial use of residential Notices septage by land application (PAG-9); additional Hearing and presubmission schedule for all milk comment.......................................5478 marketing areas; over-order premium ............5484 DEPARTMENT OF GENERAL SERVICES PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices Notices State contracts information........................5490 Order (2 documents) ........................ 5485, 5486 DEPARTMENT OF PUBLIC WELFARE Service of notice of motor carrier applications.......5487 Notices Telecommunications (2 documents) ........... 5488, 5489 2003 group one exception requests; Medical Assist- PUBLIC SCHOOL EMPLOYEES’ RETIREMENT ance long term care participation review .........5479 BOARD DEPARTMENT OF TRANSPORTATION Notices Notices Hearings scheduled ...............................5489 Implementation of exhaust emission testing provi- sions through on-board diagnostic systems........5479 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 33, NO. 44, NOVEMBER 1, 2003 5406 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. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. 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
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