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 94 - MUNICIPAL WASTELOAD MANAGEMENT › ACTION ON OVERLOADED FACILITIES › Section 94.22 - Projected overload

Current through Register Vol. 54, No. 28, July 13, 2024
If the annual report shows or if the Department
						  determines that the sewerage facilities or any portion thereof will, within the
						  next 5 years, become hydraulically or organically overloaded, the permittee of
						  the sewerage facilities shall comply with the following:
(1) Submit a report or CAP to the regional
						office, with the annual report or within 90 days of notification of the
						Department's determination, setting forth steps to be taken by the permittee to
						prevent the sewerage facilities from becoming hydraulically or organically
						overloaded. If the steps to be taken include planning, design, financing,
						construction and operation of sewerage facilities, the facilities shall be
						consistent with an official plan approved under the Pennsylvania Sewage
						Facilities Act (35 P. S. §§
													750.1-750.20) and the regulations thereunder
						in Chapter 71 (relating to administration of the sewage facilities planning
						program) and consistent with the requirements of the Department and the Federal
						government regarding areawide planning and sewerage facilities.
(2) Limit new connections to and extensions
						of the sewerage facilities based upon remaining available capacity under a plan
						submitted in accordance with this section.
The provisions of this §
														94.22 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
This section cited in 25 Pa. Code §
														94.11 (relating to sewer
							 extensions); and 25 Pa. Code §
														94.12 (relating to annual
							 report).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › IMPOSITION OF BAN › Section 94.31 - Organic or hydraulic overload

Current through Register Vol. 54, No. 28, July 13, 2024
A ban on connections will be imposed by the Department
						  whenever the Department determines that the sewerage facilities or any portion
						  thereof are either hydraulically or organically overloaded or that the
						  discharge from the plant causes actual or potential pollution of the waters of
						  this Commonwealth and, in addition, that one or more of the following
						  conditions prevail:
(1) The Department
						determines that a ban is necessary to prevent or alleviate endangerment of
						public health.
(2) The permittee
						has failed to submit a satisfactory plan or has failed to implement the program
						as required by §
												94.21 (relating to existing
						overload).
The provisions of this §
														94.31 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › IMPOSITION OF BAN › Section 94.32 - Public health hazard or pollution

Current through Register Vol. 54, No. 28, July 13, 2024
A ban may be imposed by the Department whenever the
						  Department finds that such a ban is needed in order to prevent or eliminate
						  public health hazards or pollution resulting from violations of The Clean
						  Streams Law (35 P. S. §§
													691.1-691.1001) not otherwise covered by the
						  provisions of this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › IMPOSITION OF BAN › Section 94.33 - Notice of ban

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A ban imposed
						by order of the Department will be addressed to the person or municipality who
						authorizes connection to the sewer system and who operates the sewer system or
						plant. The ban shall be effective immediately upon receipt of the order
						imposing the ban.
(b) The
						Department will publish the order imposing the ban in one newspaper of general
						circulation in the area affected by the ban beginning no later than 48 hours
						after the imposition of the ban or as soon thereafter as publication schedules
						allow. The Department will publish the order imposing the ban, following
						imposition of the ban, once in the
Pennsylvania Bulletin
,
						provided, however, that failure or delay in so publishing by the Department
						shall not in any way affect the date of imposition or validity of the
						ban.
(c) The Department, at the
						time of imposition of the ban, will give notice of the ban to a governmental
						entity which issues building permits in the area of the ban. No building permit
						which may result in a connection to the overloaded sewerage facilities or
						increase the load to those sewerage facilities shall be issued by a
						governmental entity after the ban is effective; provided, however, that failure
						or delay in the notification will not, in any way, affect the date of
						imposition or validity of the ban.
The provisions of this §
														94.33 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › BAN MODIFICATION OR REMOVAL › Section 94.41 - Elimination of overload

Current through Register Vol. 54, No. 28, July 13, 2024
A ban may be removed by the Department, in the exercise
						  of its discretion, in accordance with the following conditions:
(1) If the permittee has demonstrated that
						steps have been taken which have resulted in the reduction of the actual
						loading to the plant to less than the capacity provided in the permit or, in
						the case of a sewer system, to eliminate the hydraulic overload, the ban may be
						removed to allow connections up to capacity.
(2) If it is affirmatively demonstrated,
						through the submission by the permittee and approval by the Department of an
						application for an amendment to the permit, that the actual capacity of the
						plant is in excess of the capacity provided in the existing permit and is
						sufficient to prevent an overload until additional capacity is made available,
						the ban may be removed to allow connections up to the new capacity.
The provisions of this §
														94.41 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › BAN MODIFICATION OR REMOVAL › Section 94.42 - Reduction of overload

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may modify a ban to allow limited approval of connections if the
						permittee demonstrates that steps have been taken which have resulted in the
						reduction but not the elimination of the overload, that public health will not
						be endangered, and that downstream uses will not be adversely affected;
						provided that the permittee adheres to an acceptable program and schedule for
						eliminating the overload.
(b)
						Priority shall be given to connections in the following order:
(1) The elimination of public health
						hazards.
(2) The elimination of
						pollution.
(3) The connection of
						facilities of public need.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.51 - Request for exception

Current through Register Vol. 54, No. 28, July 13, 2024
Exceptions to bans shall be requested in writing from
						  the Regional Office of the Department for the county in which the requested
						  exception is located and shall state with specificity the reasons why such
						  request should be granted. No exception shall be considered granted until the
						  applicant is so advised in writing by 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 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.52 - Limitations on exception

Current through Register Vol. 54, No. 28, July 13, 2024
The exceptions to a ban described in §§
												94.55-94.57 (relating to building permit
						  issued prior to ban; replacement of a discharge; and other exceptions) are to
						  be strictly construed and are the only exceptions the Department will
						  allow.
The provisions of this §
														94.52 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.53 - Transfer of exception

Current through Register Vol. 54, No. 28, July 13, 2024
The exceptions to a ban described in §§
												94.55-94.57 (relating to building permit
						  issued prior to ban; replacement of a discharge; and other exceptions) are not
						  transferrable; an owner granted an exception under this title cannot transfer
						  his right to discharge under that exception to another person or to another
						  location, except as such transfer will result from a sale or other transfer of
						  property for which an exception has been granted prior to the sale or other
						  transfer of property.
The provisions of this §
														94.53 issued under act of the
							 Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.54 - Sewer line extension

Current through Register Vol. 54, No. 28, July 13, 2024
Exceptions to a ban are limited to those exceptions
						  which do not require the extension of existing sewer lines, except as needed
						  for the elimination of public health hazards or pollution or for facilities of
						  public need.
This section cited in 25 Pa. Code §
														94.11 (relating to sewer
							 extensions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.55 - Building permit issued prior to ban

Current through Register Vol. 54, No. 28, July 13, 2024
A discharge which the Department determines will result
						  from a structure for which a valid building permit had been issued within 1
						  year prior to the date of imposition of the ban shall constitute an exception
						  to the ban.
The provisions of this §
														94.55 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
This section cited in 25 Pa. Code §
														94.21 (relating to existing
							 overload); 25 Pa. Code §
														94.52 (relating to limitations on
							 exception); and 25 Pa. Code §
														94.53 (relating to transfer of
							 exception).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.56 - Replacement of a discharge

Current through Register Vol. 54, No. 28, July 13, 2024
A new source of discharge which replaces a source of
						  discharge forever eliminated as a result of demolition, destruction, accident,
						  act of God or act of government shall constitute an exception to the ban if the
						  Department determines that the following conditions are met:
(1) The new source of discharge is contained
						in a structure on the same property as the source of discharge which it has
						replaced.
(2) The new source of
						discharge will not generate a greater volume of wastewater flow or organic
						content than the source of discharge it has replaced.
This section cited in 25 Pa. Code §
														94.21 (relating to existing
							 overload); 25 Pa. Code §
														94.52 (relating to limitations on
							 exception); and 25 Pa. Code §
														94.53 (relating to transfer of
							 exception).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 94 - MUNICIPAL WASTELOAD MANAGEMENT › EXCEPTION TO BANS › Section 94.57 - Other exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
Connections which are necessary to eliminate a public
						  health hazard or which are necessary for the operation of a facility of public
						  need as the term is defined in §
												94.1 (relating to definitions)
						  shall constitute an exception to a ban.
The provisions of this §
														94.57 issued under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9).
This section cited in 25 Pa. Code §
														94.21 (relating to existing
							 overload); 25 Pa. Code §
														94.52 (relating to limitations on
							 exception); and 25 Pa. Code §
														94.53 (relating to transfer of
							 exception).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 95 - WASTEWATER TREATMENT REQUIREMENTS › Section 95.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 25 Pa. Code §
													89.57 (relating to treatment
						  facility design); and 25 Pa. Code §
													105.15 (relating to environmental
						  assessment).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 95 - WASTEWATER TREATMENT REQUIREMENTS › Section 95.2 - Effluent standards for industrial wastes

Current through Register Vol. 54, No. 28, July 13, 2024
Industrial wastes must meet the following effluent
						standards:
(1) Wastes must have a pH
					 of not less than 6 and not greater than 9, except where:
(i) The wastes are discharged to an acid
					 stream, in which case the pH may be greater than 9.
(ii) The discharger affirmatively
					 demonstrates, in writing, to the Department that biological respiration in the
					 wastewater treatment system will cause the discharge to exceed the limits in
					 this paragraph and that exceeding these limits will not result in a violation
					 of applicable water quality standards or of the applicable treatment
					 requirements and effluent limitations to which a discharge is subject under the
					 Federal Act, in which case the Department may grant a variance, in writing,
					 from the limitation set forth in this paragraph.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 95 - WASTEWATER TREATMENT REQUIREMENTS › Section 95.4 - Extensions of time to achieve water quality based effluent limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 may grant a discharger an extension of time to achieve water quality based
					 effluent limitations imposed under Chapter 93 (relating to water quality
					 standards) for specific pollutants, if all of the following requirements are
					 met:
(1) The discharge was in existence on
					 October 8, 1979, or the date on which the water quality standards applicable to
					 the specific pollutants were originally promulgated, whichever is
					 later.
(2) The discharger either:
(i) Has installed Best Demonstrated
					 Technology (BDT) as defined in this section.
(ii) Has installed Best Available Technology
					 Economically Achievable (BAT), Best Conventional Pollutant Control Technology
					 (BCT), or new source standards of performance, as applicable, established by
					 the Administrator of the United States Environmental Protection Agency under
					 33 U.S.C.A. §§
														1314(b) and
					 1316 or their equivalent as
					 determined by the Department and will install BDT in accordance with a schedule
					 acceptable to the Department.
(3) The installation of BDT will not result
					 in the discharger achieving the water quality based effluent limitations for
					 the pollutants in question.
(4) The
					 discharger demonstrates, to the satisfaction of the Department, additional
					 efforts to meet the water quality based effluent limitations by:
(i) Modifying process materials or production
					 methods; or both.
(ii) Utilizing an
					 alternate point of wastewater discharge-including the use of land application
					 of wastewater.
(iii) Implementing
					 wastewater management practices such as wastewater recycling, wastewater reuse
					 and good housekeeping.
(iv)
					 Conducting research into the application of new or innovative wastewater
					 treatment technologies or management practices-including carrying out
					 pilot-plant operations of sufficient size and duration to demonstrate
					 adequately the technical feasibility of such treatment technologies or
					 management practices.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 95 - WASTEWATER TREATMENT REQUIREMENTS › Section 95.5 - Treatment requirements for discharges to waters affected by abandoned mine drainage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 wastes discharged to waters polluted by abandoned coal mine drainage, so that
					 the applicable water quality criteria are not being met and designated water
					 uses are not being achieved to the extent that aquatic communities are
					 essentially excluded, and where the pollution cannot be remedied by controlling
					 known, active discharges, the following degrees of treatment shall be provided:
(1) Sewage, as defined in The Clean Streams
					 Law (35 P. S. §§
													691.1-691.1001), shall receive secondary
					 treatment, as defined by this chapter.
(2) Industrial waste as defined in The Clean
					 Streams Law (35 P. S. §§
													691.1-691.1001), shall achieve one of the
					 following degrees of treatment, as appropriate, which are defined under
					 33 U.S.C.A. §§
													1314(b) and
					 1316(b):
(i) Best Conventional Pollutant Control
					 Technology (BCT).
(ii) Best
					 Available Technology Economically Achievable (BAT).
(iii) Standards of performance for new
					 sources.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 95 - WASTEWATER TREATMENT REQUIREMENTS › Section 95.10 - Treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 following are not considered new and expanding mass loadings of TDS and are
					 exempt from the treatment requirements in this section:
(1) Maximum daily discharge loads of TDS or
					 specific conductivity levels that were authorized by the Department prior to
					 August 21, 2010. These discharge loads will be considered existing mass
					 loadings by the Department.
(i) Relocation or
					 combination of existing discharge points of existing mass loadings of TDS do
					 not constitute a new or expanding mass loading unless total mass loadings are
					 increased.
(ii) Existing publicly
					 owned treatment works (POTW) as defined in §
													92.1 (relating to definitions) and
					 industrial waste treatment facilities authorized prior to August 21, 2010,
					 under permits authorizing the acceptance, treatment and discharge of TDS do not
					 constitute a new or expanding mass loading unless total mass loadings accepted,
					 treated and discharged are to be increased. Only the net increase in TDS mass
					 loadings from these facilities will be considered a new and expanding mass
					 loading of TDS.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 96 - WATER QUALITY STANDARDS IMPLEMENTATION › Section 96.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to establish the process
						for achieving and maintaining water quality standards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 96 - WATER QUALITY STANDARDS IMPLEMENTATION › Section 96.3 - Water quality protection requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Existing and designated surface water
					 uses shall be protected.
(b)
					 Antidegradation requirements in §§
											93.4a-93.4d and 105.1, 105.15, 105.17,
					 105.18a, 105.20a and 105.451 shall apply to surface waters.
(c) To protect existing and designated
					 surface water uses, the water quality criteria described in Chapter 93
					 (relating to water quality standards), including the criteria in §§
											93.7 and
					 93.8a(b)
					 (relating to specific water quality criteria; and toxic substances) shall be
					 achieved in all surface waters at least 99% of the time, unless otherwise
					 specified in this title. The general water quality criteria in §
											93.6 (relating to general water
					 quality criteria) shall be achieved in surface waters at all times at design
					 conditions.
(d) As an exception to
					 subsection (c), the water quality criteria for total dissolved solids,
					 nitrite-nitrate nitrogen, phenolics, chloride, sulfate and fluoride established
					 for the protection of potable water supply shall be met at least 99% of the
					 time at the point of all existing or planned surface potable water supply
					 withdrawals unless otherwise specified in this title.
(e) When a water quality criterion described
					 in Chapter 93, including the criteria in §§
											93.7 and
					 93.8a(b), cannot
					 be attained at least 99% of the time due to natural quality, as determined by
					 the Department under §
											93.7(d) based on
					 water quality observations in that waterbody or at one or more reference
					 stations of similar physical characteristics to the surface water, the natural
					 quality that is achieved at least 99% of the time shall be the applicable water
					 quality criterion for protection of fish and aquatic life.
(f) When the minimum flow of a stream segment
					 is determined or estimated to be zero, applicable water quality criteria shall
					 be achieved at least 99% of the time at the first downstream point where the
					 stream is capable of supporting existing or designated uses.
(g) Functions and values of wetlands shall be
					 protected pursuant to Chapters 93 and 105 (relating to water quality standards;
					 and dam safety and waterway management).
This section cited in 25 Pa. Code §
													96.4 (relating to TMDLs and
						  WQBELs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 96 - WATER QUALITY STANDARDS IMPLEMENTATION › Section 96.4 - TMDLs and WQBELs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will identify surface waters or portions thereof that require the
					 development of TMDLs, prioritize these surface waters for TMDL development, and
					 then develop TMDLs for these waters.
(b) The Department will develop WQBELs for
					 point source discharges using applicable procedures described in this chapter
					 when the Department determines that water quality protection requirements
					 specified in §
											96.3 (relating to water quality
					 protection requirements) are or would be violated after the imposition of
					 applicable technology based limitations required under sections 301(b), 306,
					 307 or other sections of the Federal Clean Water Act (33 U.S.C.A. §§
												1311(b),
					 1316 and
					 1317) and The Clean Streams Law
					 (35
					 P. S. §§
												691.1-691.1001) to the
					 point source.
(c) TMDLs and WQBELs
					 shall be developed to meet the requirements of § 96.3.
(d) WLAs developed in accordance with this
					 chapter shall serve as the basis for the determination of WQBELs for point
					 source discharges regulated under Chapter 92 (relating to National Pollutant
					 Discharge Elimination System permit-ting, monitoring and compliance). When LAs
					 are developed in accordance with this chapter, they shall serve as the basis
					 for the development of nonpoint source restoration plans.
(e) In developing TMDLs and WQBELs, the
					 Department will:
(1) As appropriate consider,
					 relevant design factors, including, but not limited to: water quality criteria
					 duration, flow duration and frequency, natural seasonal variability in water
					 temperature, the natural variability of pH and hardness, the physical
					 characteristics of a watershed, reserve factors, factors of safety and
					 pollutant contributions from other sources.
(2) Treat all pollutants as conservative
					 unless it finds based on scientifically valid information that the substance is
					 not conservative and adequate information is available to characterize the
					 substance's fate or transformation, or both.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 96 - WATER QUALITY STANDARDS IMPLEMENTATION › Section 96.5 - Nutrient discharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Whenever technically and financially feasible, and environmentally sound, land
					 disposal of wastewater shall be used on a continuous or seasonal basis to
					 prevent or minimize to the maximum extent practicable the discharge of
					 nutrients to surface waters, including tributaries thereof, that are determined
					 to be either threatened or impaired by nutrient enrichment.
(b) When necessary to control eutrophication
					 in a lake, pond, or other impoundment, the Department will develop a TMDL and
					 associated WLAS and LAS based on average annual loading estimates.
(c) When it is determined that the discharge
					 of phosphorus, alone or in combination with the discharge of other pollutants,
					 contributes or threatens to impair existing or designated uses in a free
					 flowing surface water, phosphorus discharges from point source discharges shall
					 be limited to an average monthly concentration of 2 mg/l. More stringent
					 controls on point source discharges may be imposed, or may be otherwise
					 adjusted as a result of a TMDL which has been developed.
This section cited in 25 Pa. Code §
													96.4 (relating to TMDLs and
						  WQBELs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 96 - WATER QUALITY STANDARDS IMPLEMENTATION › Section 96.6 - Heated wastewater discharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) WLAs
					 established for the discharge of heated wastewater shall comply with applicable
					 State and Federal requirements.
(b)
					 Heated wastewater discharges may not cause a change of surface water
					 temperature of more than 2°F during any 1-hour period.
(c) In addition to subsection (b), the
					 allowable heat content of heated wastewater discharges shall be limited to one
					 of the following:
(1) A calculated amount that
					 will raise the temperature of the receiving surface water to no more than the
					 applicable criteria specified in §
												93.7 (relating to specific water
					 quality criteria).
(2) An amount
					 based on an evaluation conducted in accordance with section 316(a) of the
					 Federal Clean Water Act (33
					 U.S.C.A. §
													1326(a)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 96 - WATER QUALITY STANDARDS IMPLEMENTATION › Section 96.7 - Public participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Department will publish a notice in the
Pennsylvania
					 Bulletin
of the availability of draft and final lists of surface
					 waters requiring TMDLs under §
											96.4(a) (relating
					 to TMDLs and WQBELs). The notice of the draft list shall set forth a minimum
					 30-day public comment period.
(b)
					 The Department will publish a notice in the
Pennsylvania
					 Bulletin
of the availability of any draft and final TMDL prepared
					 under this chapter. Draft TMDL notices shall be subject to a minimum 30-day
					 comment period. The Department may hold a public hearing on a draft TMDL if
					 there is significant public interest. When the TMDL is prepared concurrent with
					 or as part of an NPDES permit application, the notice may be included in the
					 notice of permit application prepared under §
											92.61 (relating to public notice
					 of permit application and public hearing).
This section cited in 25 Pa. Code §
													96.6 (relating to heated
						  wastewater discharges).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › GENERAL PROVISIONS › Section 102.2 - Scope and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						chapter requires persons proposing or conducting earth disturbance activities
						to develop, implement and maintain BMPs to minimize the potential for
						accelerated erosion and sedimentation and to manage post construction
						stormwater.
(b) The BMPs shall be
						undertaken to protect, maintain, reclaim and restore water quality and the
						existing and designated uses of waters of this Commonwealth.
The provisions of this §
														102.2 amended under sections 5 and
							 402 of The Clean Streams Law (35 P.S. §§
															691.5 and
							 691.402); sections 1917-A and
							 1920-A of The Administrative Code of 1929 (71 P.S. §§
															510-17 and
							 510-20); and section 11(2) of
							 the Conservation District Law (3 P.S. §
															859(2)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › GENERAL PROVISIONS › Section 102.6 - Permit applications and fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permit requirements.
A
						person proposing or conducting an earth disturbance activity which requires a
						permit under §
												102.5 (relating to permit
						requirements) shall:
(1) Submit to the
						Department or a conservation district a complete application or NOI, an E&S
						Plan meeting the requirements of §
													102.4 (relating to erosion and
						sediment control requirements), a PCSM Plan meeting the requirements of §
													102.8 (relating to PCSM
						requirements), and other information the Department may require. Unless
						otherwise specified in this chapter, for NPDES permits, the application or NOI
						must also meet the requirements in Chapter 92 (relating to National Pollutant
						Discharge Elimination System permitting, monitoring and compliance).
(2) Provide proof of consultation with the
						Pennsylvania Natural Heritage Program (PNHP) regarding the presence of a State
						or Federal threatened or endangered species on the project site. If the
						Department or conservation district determines, based upon PNHP data or other
						sources, that the proposed earth disturbance activity may adversely impact the
						species or critical habitat, the person proposing the earth disturbance
						activity shall consult with the Department or conservation district to avoid or
						prevent the impact. If the impact cannot be avoided or prevented, the person
						proposing the activity shall demonstrate how the impacts will be minimized in
						accordance with State and Federal laws pertaining to the protection of
						threatened or endangered flora and fauna and their habitat.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › GENERAL PROVISIONS › Section 102.7 - Permit termination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						permanent stabilization of the earth disturbance activity under §
												102.22(a)(2) 
						(relating to permanent stabilization), and installation of BMPs in accordance
						with an approved plan prepared and implemented in accordance with §§
												102.4 and
						102.8 (relating to erosion and
						sediment control requirements; and PCSM requirements), the permittee or
						co-permittee shall submit a notice of termination to the Department or
						conservation district.
(b) The
						notice of termination must include:
(1) The
						facility name, address and location.
(2) The operator name and address.
(3) The permit number.
(4) The reason for permit
						termination.
(5) Identification of
						the persons who have agreed to and will be responsible for long-term operation
						and maintenance of the PCSM BMPs in accordance with §
													102.8(m) and
						proof of compliance with § 102.8(m)(2).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › GENERAL PROVISIONS › Section 102.8 - PCSM requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
PCSM applicability.
After November 19, 2010, a person
						proposing a new earth disturbance activity that requires permit coverage under
						this chapter or other new Department permit that requires compliance with this
						chapter shall be responsible to ensure that a written PCSM Plan is developed,
						implemented, operated and maintained in accordance with this section. A person
						conducting earth disturbance activities under a permit issued before November
						19, 2010, and renewed prior to January 1, 2013, shall implement, operate and
						maintain the PCSM requirements in accordance with the terms and conditions of
						the existing permit. After January 1, 2013, the renewal of a permit issued
						before November 19, 2010, shall comply with this section.
(b)
General PCSM planning and design.
The management of post construction stormwater shall be planned and
						conducted to the extent practicable in accordance with the following:
(1) Preserve the integrity of stream channels
						and maintain and protect the physical, biological and chemical qualities of the
						receiving stream.
(2) Prevent an
						increase in the rate of stormwater runoff.
(3) Minimize any increase in stormwater
						runoff volume.
(4) Minimize
						impervious areas.
(5) Maximize the
						protection of existing drainage features and existing vegetation.
(6) Minimize land clearing and
						grading.
(7) Minimize soil
						compaction.
(8) Utilize other
						structural or nonstructural BMPs that prevent or minimize changes in stormwater
						runoff.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.11 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
BMP and design standards.
A person conducting or proposing to
						conduct an earth disturbance activity shall:
(1) Design, implement and maintain E&S
						BMPs to minimize the potential for accelerated erosion and sedimentation to
						protect, maintain, reclaim and restore water quality and existing and
						designated uses. Various E&S BMPs and their design standards are listed in
						the
Erosion and Sediment Pollution Control Program Manual
						(Manual)
, Commonwealth of Pennsylvania, Department of Environmental
						Protection, No. 363-2134-008 (April 2000), as amended and updated.
(2) If required to develop a PCSM Plan,
						design, implement and maintain PCSM BMPs to mimic preconstruction stormwater
						runoff conditions to protect, maintain, reclaim and restore water quality and
						existing and designated uses. Various PCSM BMPs and their design standards are
						listed in the
Pennsylvania Stormwater Best Management Practices Manual
(Stormwater BMP Manual), Commonwealth of Pennsylvania, Department of
						Environmental Protection, No. 363-0300-002 (December 2006), as amended and
						updated.
(3) If required to develop
						a riparian forest buffer, design, implement and maintain the buffer in
						accordance with §
													102.14 (relating to riparian
						buffer requirements). Various design, construction and maintenance standards
						are listed in the
Riparian Forest Buffer Guidance
,
						(
Buffer Guidance
), Commonwealth of Pennsylvania, Department of
						Environmental Protection, No. 395-5600-001 (2009), as amended and
						updated.
(4) If required to develop
						a PPC Plan, the person shall design, implement, and maintain the PPC Plan to
						protect waters of this Commonwealth from discharges of pollutants from
						accidental spills, releases or other activities and meet the requirements
						identified in Chapter 91 (relating to general provisions). Guidance for PPC
						Plans is included in the
Guidelines for the Development and
						Implementation of Environmental Emergency Response Plans
, Commonwealth
						of Pennsylvania, Department of Environmental Protection, No. 400-2200-001, as
						amended and updated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.12 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.13 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.14 - Riparian buffer requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirements for mandatory riparian buffers.
(1) Except as in accordance with subsection
						(d), persons proposing or conducting earth disturbance activities when the
						activity requires a permit under this chapter may not conduct earth disturbance
						activities within 150 feet of a perennial or intermittent river, stream, or
						creek, or lake, pond or reservoir when the project site is located in an
						exceptional value or high quality watershed attaining its designated use as
						listed by the Department at the time of application and shall protect any
						existing riparian buffer in accordance with this section.
(2) Except as in accordance with subsection
						(d), persons proposing or conducting earth disturbance activities when the
						activity requires a permit under this chapter where the project site is located
						in an Exceptional Value or High Quality watershed where there are waters
						failing to attain one or more designated uses as listed in Category 4 or 5 on
						Pennsylvania's Integrated Water Quality Monitoring and Assessment report, as
						amended and updated, at the time of the application, and the project site
						contains, is along or within 150 feet of a perennial or intermittent river,
						stream, or creek, lake, pond or reservoir shall, in accordance with the
						requirements of this section do one of the following:
(i) Protect an existing riparian forest
						buffer.
(ii) Convert an existing
						riparian buffer to a riparian forest buffer.
(iii) Establish a new riparian forest
						buffer.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.21 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.22 - Site stabilization

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permanent stabilization.
Upon final completion of an earth
						disturbance activity or any stage or phase of an activity, the site shall
						immediately have topsoil restored, replaced, or amended, seeded, mulched or
						otherwise permanently stabilized and protected from accelerated erosion and
						sedimentation.
(1) E&S BMPs shall be
						implemented and maintained until the permanent stabilization is completed. Once
						permanent stabilization has been established, the temporary E&S BMPs shall
						be removed. Any areas disturbed in the act of removing temporary E&S BMPs
						shall be permanently stabilized upon completion of the temporary E&S BMP
						removal activity.
(2) For an earth
						disturbance activity or any stage or phase of an activity to be considered
						permanently stabilized, the disturbed areas shall be covered with one of the
						following:
(i) A minimum uniform 70%
						perennial vegetative cover, with a density capable of resisting accelerated
						erosion and sedimentation.
(ii) An
						acceptable BMP which permanently minimizes accelerated erosion and
						sedimentation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs › Section 102.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › ENFORCEMENT › Section 102.31 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
The Department or a conservation district may enforce
						  this chapter under The Clean Streams Law (35 P. S. §§
													691.1-691.1001).
The provisions of this §
														102.31 amended under sections 5
							 and 402 of The Clean Streams Law (35 P. S. §§
															691.5 and
							 691.402); section 1920-A of
							 The Administrative Code of 1929 (71 P. S. §
															510-20); and section 11(2) of the
							 Conservation District Law (3 P. S. §
															859(2)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › ENFORCEMENT › Section 102.32 - Compliance and enforcement provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Compliance and enforcement actions under
						this chapter which may be pursued include the following. The actions listed are
						cumulative and the exercise of one action does not preclude the exercise of
						another. The failure to exercise an action will not be deemed to be a waiver of
						that action:
(1) Investigations and
						inspections.
(2) Response to
						complaints.
(3) Orders (including
						orders to remediate or restore).
(4) Civil penalty proceedings, except as
						provided in subsection (b).
(5)
						Summary proceedings.
(6) The
						suspension, revocation, withholding or denial of permits or
						approvals.
(7) Notices of
						violation.
(8) Actions in a court
						of competent jurisdiction, including requests for injunctive relief.
(9) Other administrative, civil, criminal or
						equitable action authorized by law.