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 B - PERMIT APPLICATION AND SPECIAL NPDES PROGRAM REQUIREMENTS › Section 92a.32 - Stormwater discharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						provisions of 40 CFR
						122.26(a), (b), (c)(1), (d), (e)(1), (3)-(9), (f) and
						(g) (relating to storm water discharges
						(applicable to State NPDES programs, see §
												123.25) ) and 122.30-122.37 are
						incorporated by reference.
(b)
No exposure stormwater discharges
. Discharges composed
						entirely of stormwater are not stormwater discharges associated with industrial
						activity if there is "no exposure" of industrial materials and activities to
						stormwater and the discharger satisfies the conditions in
						40 CFR
						122.26(g). A facility or
						activity with no stormwater discharges associated with industrial activity may
						qualify for a conditional exclusion from a permit, provided that the facility
						or activity does not discharge to a surface water classified as a High Quality
						Water or an Exceptional Value Water under Chapter 93 (relating to water quality
						standards). To qualify for the conditional exclusion from a permit, the
						responsible person shall complete, sign and submit to the Department the
						appropriate permit application or NOI, including the appropriate application or
						NOI fee, and a "No Exposure Certification" on forms available from the
						Department at least once every 5 years.
(c)
Municipal separate storm sewer
						systems
. The operator of a discharge from a large, medium or small
						municipal separate storm sewer shall submit in its permit application or NOI
						the information required to be submitted under 40 CFR Part 122 (relating to EPA
						administered permit programs: the National Pollutant Discharge Elimination
						System). Permits for discharges from municipal separate storm sewer systems are
						not eligible for a "no exposure" conditional exclusion from a permit under
						subsection (b). The operator of a discharge from a small MS4 may seek a waiver
						from NPDES permit requirements under
						40 CFR
						122.32(c) (relating to as an
						operator of a small MS4, am I regulated under the NPDES storm water program?).
						To request this waiver, the operator of the small MS4 shall complete, sign and
						submit to the Department the appropriate permit application or NOI, the
						appropriate permit application or NOI fee and an application for the waiver on
						forms available from the Department at least once every 5 years.
(d)
Stormwater discharges associated
						with construction activity
. Applicants for individual NPDES permits
						for the discharge of stormwater associated with construction activity shall
						submit the information required to be submitted, as applicable, under
						40 CFR
						122.21(g)(7) (relating to
						application for a permit (applicable to State programs, see § 123.25)) and
						122.26(c)(1). In addition, stormwater dischargers shall submit information
						required in Chapter 102 (relating to erosion and sediment control) as
						appropriate. Permits for stormwater discharges associated with construction
						activity are not eligible for a "no exposure" conditional exclusion from a
						permit under subsection (b).
(e)
Stormwater discharges associated with industrial activity
.
						Applicants for individual NPDES permits for the discharge of stormwater
						associated with industrial activity shall submit the information required to be
						submitted, as applicable, under
						40 CFR
						122.21(g)(7) and
						122.26(c)(1).
The provisions of this §
														92a.32 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 (35 P.S. §
															1920-A).
This section cited in 25 Pa. Code §
														92a.3 (relating to incorporation
							 of Federal regulations by reference); and 25 Pa. Code §
														92a.28 (relating to industrial
							 waste discharges).