18 C.F.R. § 401.33
Administrative agreements
The Executive Director is authorized and directed to enter into cooperative Administrative Agreements with federal and state regulatory agencies concerned with the review of projects under federal or state law as follows:
(a) To facilitate the submission and review of applications and the determinations required under Section 3.8 of the Compact;
(b) To avoid unnecessary duplication of staff functions and hearings required by law; and
(c) For such other and different purposes as he may deem feasible and advantageous for the administration of the Compact or any other law.
Notes of Decisions
Cited in 3
cases, 1977–1995 · leading case: Dublin Water Co. v. Delaware River Basin Comm'n, 443 F. Supp. 310 (E.D. Pa. 1977).
Dublin Water Co. v. Delaware River Basin Comm'n, 443 F. Supp. 310 (E.D. Pa. 1977). “” Whitall’s affidavit also establishes that, based upon administrative agreements executed between DER and DRBC pursuant to 18 C.F.R. § 401.33 et seq., DER makes an initial review of all water-related activities which are subject to DER regulations, but withholds issuance of its…”
Diehl v. Zoning Hearing Bd., 21 Pa. D. & C.3d 550 (1981). “See: 18 C.F.R. §401.33 , 401.38 and 401.40. Indeed, had appellants approached this project in an appropriate manner anticipated by the compact, which contains provisions designed *566 to facilitate intergovernmental cooperation and prevent unnecessary duplication of proceedings,…”
Oley Twp. v. Delaware River Basin Comm'n, 906 F. Supp. 284 (E.D. Pa. 1995). “DEP and DRBC have apparently entered into an administrative agreement pursuant to 18 C.F.R. § 401.33 coordinating the two separate permitting processes.”
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