reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › ADMINISTRATION AND ENFORCEMENT › Section 91.14 - Time for constructing treatment works

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, in lieu of abatement, a notified
						party elects to provide waste treatment works and submits plans therefore, the
						Department, upon approving the plans will set a time within which the treatment
						works shall be constructed and placed in operation or will notify the party to
						be prepared to construct the plant upon notice from the Department, depending
						upon the status of the Department's program of construction for the basin in
						which the receiving stream lies as specified in §
												91.15 (relating to basin-wide
						compliance).
(b) In some cases,
						time may be required within which to prepare plans and construct treatment
						works by a party responsible for stream pollution before abatement can be
						consummated. The Department, upon application by the party and when in its
						judgment the public interest warrants, may grant a limited extension of time
						during which the discharge of waste shall be permitted, if the party
						responsible therefor continues work on corrective measures.
The provisions of this §
														91.14 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › ADMINISTRATION AND ENFORCEMENT › Section 91.15 - Basin-wide compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						general, the Department will require sources of pollutants in a basin,
						watershed or surface waters as defined in Chapter 93 (relating to water quality
						standards) to concurrently comply with the water quality standards and
						protection levels in Chapters 16, 93 and 95 (relating to water quality toxics
						management strategy-statement of policy; water quality standards; and
						wastewater treatment requirements).
(b) Notwithstanding subsection (a), if
						certain sources of pollutants especially affect the public interests, the
						Department may act to require the abatement of the sources of pollution
						individually in the general order of degree of adverse effect upon the public
						interest.
(c) It is the policy of
						the Department to require concurrent similar action by all parties in the same
						category with respect to stream pollution.
(d) Each case of pollution will be considered
						by itself, without reference to other alleged or actual polluters.
The provisions of this §
														91.15 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														91.14 (relating to time for
							 constructing treatment works).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › ADMINISTRATION AND ENFORCEMENT › Section 91.16 - Notification of actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will determine the time and manner in which notification of its
						actions or hearings under the act will be made. If appropriate, (as where an
						action or hearing affects the general public), such notification may be
						published in the
Pennsylvania Bulletin
and publication therein
						shall constitute notice to interested persons except the permittee or
						respondent directly affected by the action or hearing.
(b) Normally, a person interested but not
						directly affected by the action or hearing is not entitled to a formal hearing
						or to participate in a formal hearing but will be given an opportunity to
						present his objections and views to the Department before its action becomes
						final.
This section cited in 25 Pa. Code §
														91.27 (relating to general water
							 quality management permit).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › APPLICATIONS AND PERMITS › Section 91.21 - Applications for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Applications for approval of projects by the Department shall be made upon the
						appropriate form, which will be supplied upon request without charge.
(b) Applications shall be in triplicate, one
						copy of which shall be attested by a notary public, justice of the peace,
						alderman or district justice. The Department may require additional copies of
						applications to be filed.
(c)
						Applications and their accompanying papers shall be submitted to the
						Department's regional office covering the area where the project will be
						located.
(d) To qualify for
						coverage under a general water quality management permit under this chapter, an
						administratively complete NOI shall be submitted to and approved by the
						Department in accordance with §
												91.27 (relating to general water
						quality management permit).
The provisions of this §
														91.21 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														91.27 (relating to general water
							 quality management permit).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › APPLICATIONS AND PERMITS › Section 91.23 - Plans, reports and specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An engineer's report as well as plans and
						specifications shall accompany the applications, clearly showing what is
						proposed and permitting the bases of design to be thoroughly understood and
						checked.
(b) Plans, reports and
						specifications shall be prepared by a licensed professional engineer authorized
						to practice in this Commonwealth.
(c) The front cover or flyleaf of each set of
						drawings and each copy of the report and specifications shall bear the imprint
						of the engineer's seal.
(d)
						Drawings submitted shall bear imprint or legible facsimile of the engineer's
						seal.
(e) Reports, drawings and
						specifications for strip mines or for minor work not involving safety to life
						or health may be submitted, as provided by law, by a registered surveyor and
						shall bear the imprint or facsimile of his seal.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › APPLICATIONS AND PERMITS › Section 91.24 - Basis of design

Current through Register Vol. 54, No. 28, July 13, 2024
Plans shall provide ample capacities for present needs
						  and for a reasonable time in the future. Conservative and accepted factors of
						  design shall be used.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › APPLICATIONS AND PERMITS › Section 91.25 - Experimental projects

Current through Register Vol. 54, No. 28, July 13, 2024
If the suitability of a proposed device or method of
						  treatment has not been demonstrated by actual field use in this Commonwealth or
						  another state with similar climatic conditions, only conditional approval will
						  be given to it until the effectiveness of the device or treatment has been
						  demonstrated to the satisfaction of the Department by ample field experience.
The provisions of this §
														91.25 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › APPLICATIONS AND PERMITS › Section 91.26 - Withholding permit for noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When considering applications coming
						before it, the Department will take notice of the failure of the applicant to
						comply with any of its prior requirements or orders respecting sewerage or
						industrial waste disposal and will consider the application favorably only if,
						in its opinion, there are sufficient extenuating reasons for the failure or if
						the public interest as affected by the proposed project warrants favorable
						action, in which case the Department will include suitable conditions
						respecting compliance with its unfulfilled requirements in any permit which it
						may authorize.
(b) The Department
						will not consider an application or issue a permit to an applicant who has
						conducted or is conducting a mining operation which is in violation of the act,
						rules and regulations of the Department, or permit conditions unless and until
						the violation is abated or corrected to the satisfaction of the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › APPLICATIONS AND PERMITS › Section 91.27 - General water quality management permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Coverage and purpose.
The Department may issue a general water quality management permit, in lieu of
						issuing individual water quality management permits, for a specific category of
						wastewater treatment facilities if the wastewater treatment facilities meet the
						following:
(1) Involve the same, or
						substantially similar, type of operations.
(2) Treat the same types of wastes.
(3) Require the same operating
						conditions.
(4) Are, in the
						judgment of the Department, more appropriately managed under a general permit
						than under individual permits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.31 - Wells other than oil and gas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						well-drilling operation shall have a sump or other receptacle large enough to
						receive all drill cuttings, sand bailings, water having a turbidity in excess
						of 1,000 nephelometric turbidity units (NTU) or other pollutant resulting from
						the well drilling operations.
(b)
						Surface water shall be excluded from the sump or receptacle by means of
						diversion ditches on the uphill sides, or by other appropriate
						measures.
(c) After completion of
						the well, the sump or receptacle shall be covered over or otherwise protected
						or the contents of the receptacle disposed of, so that the contents will not be
						washed into the waters of this Commonwealth.
(d) Waste oil, coal, spent materials or other
						pollutants shall be disposed of so that they will not be washed into the waters
						of this Commonwealth.
The provisions of this §
														91.31 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														83.102 (relating to
							 definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.33 - Incidents causing or threatening pollution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, because of an accident or other
						activity or incident, a toxic substance or another substance which would
						endanger downstream users of the waters of this Commonwealth, would otherwise
						result in pollution or create a danger of pollution of the waters, or would
						damage property, is discharged into these waters-including sewers, drains,
						ditches or other channels of conveyance into the waters-or is placed so that it
						might discharge, flow, be washed or fall into them, it is the responsibility of
						the person at the time in charge of the substance or owning or in possession of
						the premises, facility, vehicle or vessel from or on which the substance is
						discharged or placed to immediately notify the Department by telephone of the
						location and nature of the danger and, if reasonably possible to do so, to
						notify known downstream users of the waters.
(b) In addition to the notices in subsection
						(a), a person shall immediately take or cause to be taken steps necessary to
						prevent injury to property and downstream users of the waters from pollution or
						a danger of pollution and, in addition thereto, within 15 days from the
						incident, shall remove from the ground and from the affected waters of this
						Commonwealth to the extent required by this title the residual substances
						contained thereon or therein.
(c)
						Compliance with this section does not affect the civil or criminal liability to
						which the person or municipality may be subject as a result of an activity or
						incident under the act, 30 Pa.C.S. (relating to the Fish and Boat Code) or
						another statute, ordinance or regulation.
The provisions of this §
														91.33 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														78.66 (relating to reporting
							 releases); 25 Pa. Code §
														78a.66 (relating to reporting and
							 remediating spills and releases); 25 Pa. Code §
														83.312 (relating to site specific
							 emergency response plans); 25 Pa. Code §
														83.351 (relating to minimum
							 standards for the design, construction, location, operation, maintenance and
							 removal from service of manure storage facilities); and 25 Pa. Code §
														92a.41 (relating to conditions
							 applicable to all permits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.34 - Activities utilizing pollutants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons engaged in an activity which
						includes the impoundment, production, processing, transportation, storage, use,
						application or disposal of pollutants shall take necessary measures to prevent
						the substances from directly or indirectly reaching waters of this
						Commonwealth, through accident, carelessness, maliciousness, hazards of weather
						or from another cause.
(b) The
						Department may require a person to submit a report or plan for activities
						described in subsection (a). Upon notice from the Department and within the
						time specified in the notice, the person shall submit to the Department the
						report or plan setting forth the nature of the activity and the nature of the
						preventative measures taken to comply with subsection (a). The Department will
						encourage the use of pollution prevention measures that minimize or eliminate
						the generation of the pollutant over measures which involve pollutant handling
						or treatment. The Department will encourage consideration of the following
						pollution prevention measures, in descending order of preference, for
						environmental management of wastes: reuse, recycling, treatment and
						disposal.
The provisions of this §
														91.34 issued under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														78.55 (relating to control and
							 disposal planning); 25 Pa. Code §
														78a.55 (relating to control and
							 disposal planning; emergency response for unconventional wells); and 25 Pa.
							 Code §
														95.2 (relating to effluent
							 standards for industrial wastes).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.35 - Wastewater impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						as otherwise provided under subsections (c) and (d), a person may not operate,
						maintain or use or permit the operation, maintenance or use of a wastewater
						impoundment for the production, processing, storage, treatment or disposal of
						pollutants unless the wastewater impoundment is structurally sound,
						impermeable, protected from unauthorized acts of third parties, and is
						maintained so that a freeboard of at least 2 feet remains at all times. The
						person owning, operating or possessing a wastewater impoundment has the burden
						of satisfying the Department that the wastewater impoundment complies with
						these requirements.
(b) A person
						owning, operating or in possession of an existing wastewater impoundment
						containing pollutants, or intending to construct or use a wastewater
						impoundment, shall promptly submit to the Department a report or plan setting
						forth the location, size, construction and contents of the wastewater
						impoundment and other information as the Department may require.
(c) Except when a wastewater impoundment is
						already approved under an existing permit from the Department, a permit from
						the Department is required approving the location, construction, use, operation
						and maintenance of a wastewater impoundment subject to subsection (a) in the
						following cases:
(1) If a variance is
						requested from the requirements in subsection (a).
(2) If the capacity of one wastewater
						impoundment or of two or more interconnected wastewater impoundments exceeds
						250,000 gallons.
(3) If the total
						capacity of polluting substances contained in wastewater impoundments on one
						tract or related tracts of land exceeds 500,000 gallons.
(4) If the Department determines that a
						permit is necessary for effective regulation to insure that pollution will not
						result from the use, operation or maintenance of the wastewater
						impoundment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.36 - Pollution control and prevention at agricultural operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Animal
						manure storage facilities.
(1)
						Except when more stringent requirements are contained in paragraphs (2)-(5), a
						manure storage facility shall be designed, constructed, operated and maintained
						in accordance with current engineering and agronomic practices to ensure that
						the facility is structurally sound, water-tight, and located and sized
						properly, to prevent pollution of surface water and groundwater, including
						design to prevent discharges to surface waters during a storm up to and
						including a 25-year/24-hour storm.
(i) The
						Manure Management Manual and the Pennsylvania Technical Guide contain current
						engineering and agronomic practices which can be used to comply with the
						requirements in paragraph (1).
(ii)
						If the criteria in the Manure Management Manual and the Pennsylvania Technical
						Guide are not followed, the owner or operator shall obtain a water quality
						management permit or other approval from the Department for the manure storage
						facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.37 - Private projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will not approve applications for sewerage permits for private
						sewerage projects to be located within the built-up parts of cities, boroughs
						and first and second-class townships unless the applicant can demonstrate a
						compelling public need for the project.
(b) Issuance of the sewerage permits will be
						limited to private sewerage projects located in the rural parts of first and
						second class townships, and for which areas there appears to be no present
						necessity for public sewerage.
The provisions of this §
														91.37 issued under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MANAGEMENT OF OTHER WASTES › Section 91.38 - Algicides, herbicides and fish control chemicals

Current through Register Vol. 54, No. 28, July 13, 2024
Except when the use of an algicide, herbicide or fish
						  control chemical would be in violation of a specific order or permit, the use
						  is authorized only in the following instances:
(1) Copper sulfate required to control algae
						in a source of public water supply when the use is under and in accordance with
						approval given by the Department.
(2) Chemicals required to control aquatic
						plants in surface waters and chemicals required for the management of fish
						populations where the use is under and in accordance with joint approval given
						by the Department and the Fish and Boat Commission.
The provisions of this §
														91.38 issued under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MISCELLANEOUS PROVISIONS › Section 91.41 - Consultants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The selection
						of professional services upon a purely competitive bid basis is not in
						accordance with good practice and may not result in the best quality of service
						to a municipality which selects its engineers on that basis. The Department,
						therefore, recommends that careful consideration be given to the professional
						attainments of the proposed consultants.
(b) The Commonwealth, through the granting of
						financial aid to municipalities for sewage treatment works, has a direct
						interest in the validity of contracts entered into with engineers by
						municipalities. The Department therefore, requires that contracts for
						engineering services for the preparation of the plans comply with the
						following:
(1) Be covered by the proper legal
						steps so as to insure that the services may be properly paid for after having
						been rendered.
(2) Explicitly
						provide for the services to be rendered.
(3) Grant to the municipality the right to
						receive the reports, plans and specifications and later to construct the
						treatment works from those plans.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › MISCELLANEOUS PROVISIONS › Section 91.42 - Analyses of wastes

Current through Register Vol. 54, No. 28, July 13, 2024
In analyzing sewage, industrial wastes and other
						  substances to determine whether their characteristics meet the requirements of
						  this article, the methods and procedures described in the current edition of
						  Standard Methods for the Examination of Water and Wastewater, Public Health
						  Association, Inc, shall be used.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › UNDERGROUND DISPOSAL › Section 91.51 - Potential pollution resulting from underground disposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will, except as otherwise
						provided in this section, consider the disposal of wastes, including stormwater
						runoff, into the underground as potential pollution, unless the disposal is
						close enough to the surface so that the wastes will be absorbed in the soil
						mantle and be acted upon by the bacteria naturally present in the mantle before
						reaching the underground or surface waters.
(b) The following underground discharges are
						prohibited:
(1) Discharge of inadequately
						treated wastes, except coal fines, into the underground workings of active or
						abandoned mines.
(2) Discharge of
						wastes into abandoned wells.
(3)
						Disposal of wastes into underground horizons unless the disposal is for an
						abatement of pollution and the applicant can show by the log of the strata
						penetrated and by the stratigraphic structure of the region that it is
						improbable that the disposal would be prejudicial to the public interest and is
						acceptable to the Department. Acceptances by the Department do not relieve the
						applicant of responsibility for any pollution of the waters of this
						Commonwealth which might occur. If pollution occurs, the disposal operations
						shall be stopped immediately.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › UNDERGROUND DISPOSAL › Section 91.52 - Procedural requirements for underground disposal

Current through Register Vol. 54, No. 28, July 13, 2024
A permit issued under §
												91.51 (relating to potential
						  pollution resulting from underground disposal) shall be issued in accordance
						  with the requirements of Chapter 92a (relating to National Pollutant Discharge
						  Elimination System permitting, monitoring and compliance) when
						  applicable.
The provisions of this §
														91.52 issued under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); amended under sections 5(b)(1) and 6
							 of The Clean Streams Law (35 P.S. §§
															691.5(b)(1) and
							 691.6); and section 1920-A of
							 The Administrative Code of 1929 (71 P.S. §
															1920-A).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › GENERAL PROVISIONS › Section 92.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.1 issued under section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20); and sections 5(b)(1) and 402 of The
							 Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402).
This section cited in 7 Pa. Code §
														130e.2 (relating to definitions);
							 25 Pa. Code §
														95.2 (relating to effluent
							 standards for industrial wastes); 25 Pa. Code §
														95.10 (relating to treatment
							 requirements for new and expanding mass loadings of Total Dissolved Solids
							 (TDS)); and 25 Pa. Code §
														96.1 (relating to definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › GENERAL PROVISIONS › Section 92.2 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.2 issued under sections 5(b)(1)
							 and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20)
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › GENERAL PROVISIONS › Section 92.2a - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.2a issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › GENERAL PROVISIONS › Section 92.2b - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.2b issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › GENERAL PROVISIONS › Section 92.2c - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.2c issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › GENERAL PROVISIONS › Section 92.2d - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.2d issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › PERMITS › Section 92.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.3 amended under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › PERMITS › Section 92.4 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.4 amended under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › PERMITS › Section 92.5a - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.5a issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › PERMITS › Section 92.7 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.7 amended under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › NPDES PERMITS › Section 92.81 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.81 issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														271.902 (relating to permits and
							 direct enforceability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › NPDES PERMITS › Section 92.82 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.82 issued under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														271.902 (relating to permits and
							 direct enforceability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92 - RESERVED › NPDES PERMITS › Section 92.83 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														92.83 amended under sections
							 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§
															691.5(b)(1) and
							 691.402); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														271.902 (relating to permits and
							 direct enforceability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The regulatory provisions contained in this chapter
						implement the NPDES Program by the Department under the Federal Act.
(b)
Scope.
A person may not
						discharge pollutants from a point source into surface waters except as
						authorized under an NPDES permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.3 - Incorporation of Federal regulations by reference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Federal NPDES regulations in
						subsection (b) are incorporated by reference to the extent that these
						provisions are applicable and not contrary to the law of the Commonwealth. In
						the event of a conflict between a Federal regulatory provision and a regulation
						of the Commonwealth, the provision expressly set out in this chapter shall be
						applied unless the Federal provision is more stringent.
(b) The following Federal regulatory
						provisions in 40 CFR Parts
						122,
						124,
						125, and
						132 are incorporated by reference:
(1) 122.2 (relating to definitions) unless
						the definitions in §
													92a.2 (relating to definitions)
						are different.
(2) 123.25(c)
						(relating to requirements for permitting).
(3) 124.57(a) (relating to public
						notice).
(4) 125.1-125.3 (relating
						to criteria and standards for imposing technology-based treatment requirements
						under sections 301(b) and 402 of the act).
(5) 125.30-125.32 (relating to criteria and
						standards for determining fundamentally different factors under sections
						301(b)(1)(A), 301(b)(2)(A) and (E) of the act).
(6) 125.70-125.73 (relating to criteria for
						determining alternative effluent limitations under section 316(a) of the
						act).
(7) 132 (relating to water
						quality guidance for the Great Lakes system).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.4 - Exclusions

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of
						  40 CFR
						  122.3(a)-(g) (relating to
						  exclusions) are incorporated by reference.
This section cited in 25 Pa. Code §
														92a.3 (relating to incorporation
							 of Federal regulations by
							 reference).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.5 - Prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions
						of 40 CFR
						122.4 (relating to prohibitions (applicable
						to State NPDES programs, see 123.25)) are incorporated by reference.
(b) A permit may not be issued, modified or
						reissued for a sanitary sewer overflow.
This section cited in 25 Pa. Code §
														92a.3 (relating to incorporation
							 of Federal regulations by
							 reference).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.6 - Effect of a permit

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of
						  40 CFR
						  122.5 (relating to effect of a permit) are
						  incorporated by reference.
This section cited in 25 Pa. Code §
														92a.3 (relating to incorporation
							 of Federal regulations by
							 reference).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.7 - Duration of permits and continuation of expiring permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NPDES permits must have a fixed term not
						to exceed 5 years.
(b) The terms
						and conditions of an expiring permit are automatically continued when the
						following conditions are met:
(1) The
						permittee has submitted a timely application for reissuance of an existing
						permit in accordance with §
													92a.75 (relating to reissuance of
						expiring permits).
(2) The
						Department is unable, through no fault of the permittee, to reissue or deny a
						permit before the expiration date of the previous permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.8 - Confidentiality of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The provisions of 40 CFR
						122.7(b) (relating to
						confidentiality of information) are incorporated by reference.
(b) The Department may protect any
						information, other than effluent data, contained in NPDES forms, or other
						records, reports or plans pertaining to the NPDES permit program as
						confidential upon a showing by any person that the information is not a public
						record for the purposes of section 607 of the State Act (35 P. S. §
													691.607). Documents that may be protected as
						confidential and are not public records are those that if made public would
						divulge an analysis of chemical and physical properties of coal (excepting
						information regarding the mineral or elemental content that is potentially
						toxic in the environment), and those that are confidential commercial
						information or methods or processes entitled to protection as trade secrets
						under State or Federal law. If, however, the information being considered for
						confidential treatment is contained in an NPDES form, the Department will
						forward the information to the Administrator for concurrence in any
						determination of confidentiality. If the Administrator does not concur that
						some or all of the information being considered for confidential treatment
						merits the protection and notifies the Department in writing, the Department
						will make available to the public that information determined by the
						Administrator in consultation with the EPA Office of General Counsel not
						entitled to protection in accordance with 40 CFR Part 2 (relating to public
						information).
(c) Information
						approved for confidential status, whether or not contained in an NPDES form,
						will be disclosed, upon request, to the Administrator, or an authorized
						representative, who shall maintain the disclosed information as
						confidential.
This section cited in 25 Pa. Code §
														92a.3 (relating to incorporation
							 of Federal regulations by reference); and 25 Pa. Code §
														92a.81 (relating to public access
							 to information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.9 - NPDES permit satisfies other permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An NPDES permit issued for a discharge pursuant to this
						  chapter is the Department permit for purposes of sections 202 and 307 of the
						  State Act (35 P. S. §§
													691.202
						  and 691.307).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.10 - Pollution prevention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will encourage pollution prevention by providing assistance to the
						permittee and users of the permittee's facilities in the consideration of
						pollution prevention measures such as process changes, materials substitution,
						reduction in volume of water use, in-process recycling and reuse of water and
						general measures of "good housekeeping" within the plant or facility.
(b) The Department will encourage
						consideration of the following measures, in descending order of preference, for
						environmental management of wastes:
(1)
						Process change.
(2) Materials
						substitution.
(3) Reuse.
(4) Recycling.
(5) Treatment.
(6) Disposal.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 92a.11 - Other chapters applicable

Current through Register Vol. 54, No. 28, July 13, 2024
To the extent that Chapters 16, 77, 87-91, 93, 95, 96,
						  102 and 105 pertain to a discharge for which an NPDES permit is required, those
						  chapters govern whenever their application produces a more stringent effluent
						  limitation than would be produced by application of Federal requirements.
						  Effluent limitations resulting from the application of those chapters must be
						  expressed in an NPDES permit issued under this chapter.