Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 109 - SAFE DRINKING WATER › Subchapter E - PERMIT REQUIREMENTS › Section 109.502 - Permitting of currently operating systems; compliance deadlines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A public water
						system operating under a valid permit issued under the act of April 22, 1905
						(P. L. 260, No. 182) (35 P. S. §§
													711-716) (Repealed), may continue to operate
						in accordance with the terms and conditions of the prior permit as long as the
						public water system is operated in compliance with this chapter and the act. A
						condition in a prior permit which is inconsistent with this chapter is void,
						except for conditions concerning construction of facilities which have been
						completed. Substantial modifications of facilities operated under a prior
						permit require an amended construction permit under §
												109.503(b)
						(relating to public water system construction permits).
(b) A community water system which was in
						operation prior to December 8, 1984, which is not operated under a permit
						issued under the act of April 22, 1905 (P. L. 260, No. 182) may continue to
						operate on an interim basis if the water supplier files a brief description of
						the system on a form approved by the Department by June 8, 1985, and files a
						complete construction permit application under §
												109.503 within 6 months of receipt
						of a notice from the Department to file an application, or in any event, by
						December 8, 1989. The Department will establish a schedule for notifying
						community water systems to apply for permits based upon factors such as
						compliance histories and results of monitoring or inspections.
(c) A bottled water system operating under a
						valid permit issued under the act of April 30, 1929 (P. L. 897, No. 396)
						(35
						P. S. §§
													1001-1006) (Repealed)
						prior to December 8, 1984, may continue to operate under the terms and
						conditions of the permit on an interim basis, if the water supplier submits a
						complete application for a permit under § 109.503 by December 8,
						1985.
(d) A bulk water hauling
						system operating prior to December 8, 1984, may continue to operate on an
						interim basis if the water supplier submits a complete application for a permit
						under § 109.503 by December 8, 1985.
(e) A noncommunity water system operating
						under a permit or license issued under the act of May 23, 1945 (P. L. 926, No.
						369) (35 P. S. §§
													655.1-655.13) or the Seasonal Farm Labor Act
						(43
						P. S. §§
													1301.101-1301.606) may
						continue to operate on an interim basis if the water supplier submits complete
						information to the licensing authority describing the drinking water facilities
						on a form provided by the Department. The completed form shall be submitted by
						March 8, 1985.
(f) A noncommunity
						water system operating prior to December 8, 1984, may continue to operate on an
						interim basis if the public water supplier files a complete construction permit
						application or otherwise complies with §
												109.505 (relating to requirements
						for noncommunity water systems) by December 8, 1985.
(g) A noncommunity water system operating
						prior to May 16, 1992, which has not complied with §
												109.505 and is required to comply
						with §
												109.505 because it is now
						considered to be providing water for human consumption, may continue to operate
						on an interim basis if the water supplier, by May 16, 1993, either complies
						with §
												109.505, or signs with the
						Department a consent order and agreement, including a compliance
						schedule.
(h) Authorization for
						interim operation under this section is only valid until the Department makes a
						final decision to issue or deny an operation permit under this
						chapter.
(i) The authorization to
						operate on an interim basis does not relieve the water supplier of other duties
						or obligations under the act or this chapter.
This section cited in 25 Pa. Code §
														109.501 (relating to general
							 permit requirements).