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 92a - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE › Subchapter F - PUBLIC PARTICIPATION › Section 92a.83 - Public notice of public hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Notice of a public hearing will be published in the
Pennsylvania Bulletin
, and in at least one newspaper of
						  general circulation within the geographical area of the discharge and will be
						  sent to all persons or government agencies that received a copy of the fact
						  sheet for the draft permit. All of the notices of a public hearing will be
						  published at least 30 days before the hearing. Notice of a public hearing will
						  include at least the following:
(1)
						The name, address and phone number of the agency holding the public
						hearing.
(2) The name and address
						of each applicant whose application will be considered at the
						hearing.
(3) The name of the
						waterway to which each discharge is proposed and a short description of the
						location of each discharge on the waterway.
(4) A brief reference to the public notice
						published in the
Pennsylvania Bulletin
for each application,
						including identification number and date of issuance.
(5) Information regarding the time and
						location for the hearing.
(6) The
						purpose of the hearing.
(7) A
						concise statement of the issues raised by the persons requesting the
						hearing.
(8) The address and phone
						number of the premises at which interested persons may obtain further
						information, request a copy of each fact sheet prepared under 92a.53 (relating
						to documentation of permit conditions), and inspect and copy NPDES forms and
						related documents.
(9) A brief
						description of the nature of the hearing, including the rules and procedures to
						be followed.
This section cited in 25 Pa. Code §
														92a.87 (relating to notice of
							 reissuance of permits); 25 Pa. Code §
														93.4c (relating to implementation
							 of antidegradation requirements); and 25 Pa. Code §
														93.8d (relating to development of
							 site-specific water quality
							 criteria).
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 F - PUBLIC PARTICIPATION › Section 92a.84 - Public notice of general permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Public notice of every proposed general
						permit will be published in the
Pennsylvania Bulletin
. The
						contents of the public notice will include at least the following:
(1) The name, address and phone number of the
						agency issuing the public notice.
(2) A clear and specific description of the
						category of point source discharges eligible for coverage under the proposed
						general permit.
(3) A brief
						description of the reasons for the Department's determination that the category
						of point source discharges is eligible for coverage under a general permit in
						accordance with these standards.
(4) A brief description of the terms and
						conditions of the proposed general permit, including applicable effluent
						limitations, BMPs and special conditions.
(5) A brief description of the procedures for
						making the final determinations, and other means by which interested persons
						may influence or comment on those determinations.
(6) The address and phone number of the
						Commonwealth agency at which interested persons may obtain further information
						and a copy of the proposed general permit.
(7) The NOI fee for coverage under the
						general 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 F - PUBLIC PARTICIPATION › Section 92a.85 - Notice to other government agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions of
						40 CFR
						124.59 (relating to conditions requested by
						the Corps of Engineers and other government agencies) are incorporated by
						reference.
(b) The Department will
						do the following:
(1) Provide a subscription
						to the
Pennsylvania Bulletin
for any other states whose waters
						may be affected by the issuance of an NPDES permit, to any interstate agency
						having water quality control authority over water that may be affected by the
						issuance of an NPDES permit, and to all Pennsylvania District Engineers of the
						Army Corps of Engineers.
(2) At the
						time of issuance of public notice under §
													92a.82 (relating to public notice
						of permit applications and draft permits), transmit to other states, whose
						waters may be affected by the issuance of an NPDES permit, a copy of fact
						sheets prepared under §
													92a.53 (relating to documentation
						of permit conditions). Upon request, the Department will provide the states
						with a copy of the application and a copy of the draft permit. Each affected
						state will be afforded an opportunity to submit written recommendations to the
						Department and the Administrator. The Department will consider these comments
						during preparation of the permit decision. If the Department decides not to
						incorporate any written recommendations thus received, it will provide a
						written explanation of its reasons for deciding not to accept any of the
						written recommendations.
(3) At the
						time of issuance of public notice under §
													92a.82, transmit to any interstate
						agency having water quality control authority over waters that may be affected
						by the issuance of a permit a copy of fact sheets prepared under §
													92a.53. Upon request, the
						Department will provide the interstate agency with a copy of the application
						and a copy of the draft permit. The interstate agency shall have the same
						opportunity to submit recommendations and to receive explanations in paragraph
						(2).
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 F - PUBLIC PARTICIPATION › Section 92a.86 - Notice of issuance or final action on a permit

Current through Register Vol. 54, No. 28, July 13, 2024
Following the 30-day comment period described in §
												92a.82(d)
						  (relating to public notice of permit applications and draft permits), and any
						  public hearing, on the permit application and draft permit, the Department will
						  take action on the permit. Comments received during the comment period will be
						  addressed and documented by the Department, and made available for public
						  review. Final action will be published in the
Pennsylvania
						  Bulletin
.
This section cited in 25 Pa. Code §
														92a.87 (relating to notice of
							 reissuance of permits).
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 F - PUBLIC PARTICIPATION › Section 92a.87 - Notice of reissuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Notice of reissuance of permits will be accomplished as
						  specified in §§
												92a.81-92a.83,
						  92a.85 and 92a.86 for any draft
						  individual 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 F - PUBLIC PARTICIPATION › Section 92a.88 - Notice of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
When the determination of the Department to issue or
						  deny an NPDES permit is appealed to the EHB, notice of the appeal, and notice
						  of the hearing date, if any, will be published in the
Pennsylvania
						  Bulletin
. In addition, notice of the Department's final action,
						  arrived at either through settlement or as the result of a decision of the EHB,
						  will be published in the
Pennsylvania
						  Bulletin
.
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 G - PERMIT COORDINATION WITH THE ADMINISTRATOR › Section 92a.91 - NPDES forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will transmit to the Administrator
						  complete copies of all NPDES forms, draft and final permits and other
						  documentation or information as agreed to by the Department and the
						  Administrator. If the Administrator requests additional information, the
						  Department may require the applicant to provide this additional information
						  requested by the Administrator.
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 G - PERMIT COORDINATION WITH THE ADMINISTRATOR › Section 92a.92 - Decision on variances

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of
						  40 CFR
						  124.62(a)(3), (e)(1) and (f)
						  (relating to decision on variances) 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 G - PERMIT COORDINATION WITH THE ADMINISTRATOR › Section 92a.93 - Administrator's right to object to the issuance or modification of certain permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Administrator has a right to review or object to
						  issuance of certain permits. The scope of EPA review and the procedures for its
						  exercise are described in a Memorandum of Agreement that was incorporated in
						  the Program Description submitted to the EPA by the Department. A copy of the
						  Memorandum of Agreement is on file with the Department and with the
						  Administrator of EPA Region III.
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 G - PERMIT COORDINATION WITH THE ADMINISTRATOR › Section 92a.94 - Reports of violations

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will prepare a quarterly report listing
						  permittees who have violated final or interim requirements in their NPDES
						  permits, stating the nature of the violation, describing any enforcement action
						  that is proposed or has been taken, and giving a brief description, if
						  appropriate, of any circumstances that explain the violation. A copy of the
						  report will be forwarded on the last day of the months of February, May, August
						  and November to the Administrator.
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 H - CIVIL PENALTIES FOR VIOLATIONS OF NPDES PERMITS › Section 92a.101 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						  92a.102-92a.104 (relating to method of
						  seeking civil penalty; procedure for civil penalty assessments; and
						  disbursement of funds pending resolution of appeal) apply to civil penalty
						  assessments by the Department under section 605(a) of the State Act
						  (35
						  P. S. §
													691.605(a)).
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 H - CIVIL PENALTIES FOR VIOLATIONS OF NPDES PERMITS › Section 92a.102 - Method of seeking civil penalty

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may do either one of the following:
(1) File a complaint for civil
						penalties before the EHB.
(2)
						Assess a civil penalty, after hearing under §
												92a.103 (relating to procedure for
						civil penalty assessments).
This section cited in 25 Pa. Code §
														92a.101 (relating to
							 applicability).
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 H - CIVIL PENALTIES FOR VIOLATIONS OF NPDES PERMITS › Section 92a.103 - Procedure for civil penalty assessments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department, if it assesses a civil
						penalty for a State Act violation, will serve a copy of the proposed civil
						penalty assessment on the alleged violator. Service will be by registered or
						certified mail, or by personal service. If the mail is tendered at the address
						in the permit, or at an address where the person is located, and delivery is
						refused, or mail is not collected, the requirements of this section will be
						deemed to have been complied with upon the tender.
(b) The person who has been served with a
						proposed assessment in accordance with subsection (a) has 30 days to request
						that the Department hold an informal hearing on the proposed assessment by
						serving the Department by registered or certified mail with the request. If no
						timely request for an informal hearing is submitted, the failure to submit a
						timely request will operate as a waiver of the opportunity for a hearing, and
						the proposed assessment will become a final assessment of the Department upon
						the expiration of the 30-day period unless the Department determines to hold a
						hearing on the proposed assessment under the procedures in subsection
						(c).
(c) If a timely request for
						hearing on the proposed assessment is received by the Department, the
						Department will assign a representative to hold an informal hearing regarding
						the assessment. The informal hearing will not be governed by requirements for
						formal adjudicatory hearings. The Department will establish a hearing date and
						notify the person requesting the hearing in accordance with the service
						procedures in subsection (a) and post notice of the time and place of the
						hearing at the Department office where the hearing is to be held at least 5
						days prior to the hearing. The person requesting the hearing has the right to
						attend and participate in the hearing and to be represented by counsel. The
						Department will consider the relevant information presented and either affirm,
						raise, lower or vacate the proposed assessment. The Department representative's
						decision will constitute the Department's final assessment.
(d) The person subject to a final assessment
						by the Department may contest the penalty assessment by filing a timely appeal
						with the EHB.
This section cited in 25 Pa. Code §
														92a.101 (relating to
							 applicability); and 25 Pa. Code §
														92a.102 (relating to method of
							 seeking civil penalty).
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 H - CIVIL PENALTIES FOR VIOLATIONS OF NPDES PERMITS › Section 92a.104 - Disbursement of funds pending resolution of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the person subject to a final
						assessment fails to file a timely appeal to the EHB as provided in the
						Environmental Hearing Board Act (35 P. S. §§
													7511-7516), the penalty assessed is due and
						payable upon expiration of the time allowed to file an appeal. If the person
						fails to pay, the amount will be collected in the manner provided under section
						605 of the State Act (35 P. S. §
													691.605). The Department may preclude persons
						who fail to pay in full from obtaining or renewing any Department
						permits.
(b) If the final decision
						in the administrative and judicial review process results in an order
						increasing the penalty, the person to whom the notice or order was issued shall
						pay the amount specified in the final decision to the Department within 30 days
						after the order is mailed to the person. If the person fails to pay the amount
						specified in the final decision, the amount will be collected in the manner
						provided by law. The Department may preclude persons who fail to pay in full
						from obtaining any new or reissued Department permits.
(c) Upon completion of the administrative and
						judicial review process, any funds collected under this subchapter will be
						deposited into the Clean Water Fund.
This section cited in 25 Pa. Code §
														92a.101 (relating to
							 applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › GENERAL PROVISIONS › Section 93.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
BMP-Best management practices
-
(i) Schedules of activities, prohibitions of
						practices, maintenance procedures and other management practices to prevent or
						reduce pollution to surface waters of this Commonwealth.
(ii) The term includes:
(A) Treatment requirements.
(B) Operating procedures.
(C) Practices to control plant site runoff,
						spillage, or leaks, sludge or waste disposal, or drainage from raw material
						storage.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › GENERAL PROVISIONS › Section 93.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						sets forth water quality standards for surface waters of this Commonwealth,
						including wetlands. These standards are based upon water uses which are to be
						protected and will be considered by the Department in implementing its
						authority under The Clean Streams Law and other statutes that authorize
						protection of surface water quality. Nothing in this chapter shall be construed
						to diminish or expand the authority of the Department to regulate surface water
						quality as authorized by statute.
(b) When an interstate or international
						agency under an interstate compact or international agreement establishes water
						quality standards regulations applicable to surface waters of this
						Commonwealth, including wetlands, more stringent than those in this title, the
						more stringent standards apply.
The provisions of this §
														93.2 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 93 - WATER QUALITY STANDARDS › GENERAL PROVISIONS › Section 93.4 - Statewide water uses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Statewide water uses.
Except when otherwise specified in law
						or regulation, the uses set forth in Table 2 apply to all surface waters. These
						uses shall be protected in accordance with this chapter, Chapter 96 (relating
						to water quality standards implementation) and other applicable State and
						Federal laws and regulations.
TABLE 2
Symbol
Use
Aquatic Life
WWF
Warm Water Fishes
Water Supply
PWS
Potable Water Supply
IWS
Industrial Water Supply
LWS
Livestock Water Supply
AWS
Wildlife Water Supply
IRS
Irrigation
Recreation
B
Boating
F
Fishing
WC
Water Contact Sports
E
Esthetics
(b)
Less restrictive uses
.
						Less restrictive uses than those currently designated for particular waters
						listed in §§
												93.9a-93.9z may be adopted when it is
						demonstrated that the designated use is more restrictive than the existing use,
						the use cannot be attained by implementing effluent limits required under
						sections 301(b) and 306 of the Federal Clean Water Act (33 U.S.C.A. §§
													1311(b) and
						1316) or implementing
						cost-effective and reasonable BMPs for nonpoint source control, and one or more
						of the following conditions exist:
(1)
						Naturally occurring pollutant concentrations (natural quality) prevent the
						attainment of the use.
(2) Natural,
						ephemeral, intermittent or low flow conditions or water levels prevent the
						attainment of the use, unless these conditions may be compensated for by the
						discharge of sufficient volume of effluent discharges without violating State
						water conservation requirements to enable uses to be met.
(3) Human caused conditions or sources of
						pollution prevent the attainment of the use and cannot be remedied or would
						cause more environmental damage to correct than to leave in place.
(4) Dams, diversions or other types of
						hydrologic modifications preclude the attainment of the use, and it is not
						feasible to restore the water body to its original condition or to operate the
						modification in a way that would result in the attainment of the use.
(5) Physical conditions related to the
						natural features of the water body, such as the lack of a proper substrate,
						cover, flow, depth, pools, riffles, and the like, unrelated to water quality,
						preclude attainment of aquatic life uses.
(6) Controls more stringent than those
						required by sections 301(b) and 306 of the Federal Clean Water Act would result
						in substantial and widespread economic and social impact.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › ANTIDEGRADATION REQUIREMENTS › Section 93.4a - Antidegradation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
This section applies to surface waters of this
						Commonwealth.
(b)
Existing
						use protection for surface waters.
Existing instream water uses and
						the level of water quality necessary to protect the existing uses shall be
						maintained and protected.
(c)
Protection for High Quality Waters
-The water quality of High
						Quality Waters shall be maintained and protected, except as provided in §
												93.4c(b)(1)(iii) 
						(relating to implementation of antidegradation requirements).
(d)
Protection for Exceptional Value
						Waters
-The water quality of Exceptional Value Waters shall be
						maintained and protected.
The provisions of this §
														93.4a 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 §
														96.3 (relating to water quality
							 protection requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › ANTIDEGRADATION REQUIREMENTS › Section 93.4b - Qualifying as High Quality or Exceptional Value Waters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Qualifying as a High Quality
						Water.
A surface water that meets one or more of the following
						conditions is a High Quality Water.
(1)
Chemistry
.
(i) The water has
						long-term water quality, based on at least 1 year of data which exceeds levels
						necessary to support the propagation of fish, shellfish and wildlife and
						recreation in and on the water by being better than the water quality criteria
						in §
														93.7, Table 3 (relating to
						specific water quality criteria) or otherwise authorized by §
														93.8a(b)
						(relating to toxic substances), at least 99% of the time for the following
						parameters:
dissolved oxygen
aluminum
iron
dissolved nickel
dissolved copper
dissolved cadmium
temperature
pH
dissolved arsenic
ammonia nitrogen
dissolved lead
dissolved zinc
(ii) The Department may consider additional
						chemical and toxicity information, which characterizes or indicates the quality
						of a water, in making its determination.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › ANTIDEGRADATION REQUIREMENTS › Section 93.4c - Implementation of antidegradation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Existing use protection.
(1)
Procedures.
(i) Existing use protection shall be provided
						when the Department's evaluation of information (including data gathered at the
						Department's own initiative, data contained in a petition to change a
						designated use submitted to the EQB under §
														93.4d(a)
						(relating to processing of petitions, evaluations and assessments to change a
						designated use), or data considered in the context of a Department permit or
						approval action) indicates that a surface water attains or has attained an
						existing use.
(ii) The Department
						will inform persons who apply for a Department permit or approval which could
						impact a surface water, during the permit or approval application or review
						process, of the results of the evaluation of information undertaken under
						subparagraph (i).
(iii) Interested
						persons may provide the Department with additional information during the
						permit or approval application or review process regarding existing use
						protection for the surface water.
(iv) The Department will make a final
						determination of existing use protection for the surface water as part of the
						final permit or approval action.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › WATER QUALITY CRITERIA › Section 93.6 - General water quality criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Water may not contain substances attributable to point or nonpoint source
						discharges in concentration or amounts sufficient to be inimical or harmful to
						the water uses to be protected or to human, animal, plant or aquatic
						life.
(b) In addition to other
						substances listed within or addressed by this chapter, specific substances to
						be controlled include, but are not limited to, floating materials, oil, grease,
						scum and substances that produce color, tastes, odors, turbidity or settle to
						form deposits.
The provisions of this §
														93.6 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 §
														71.64 (relating to small flow
							 treatment facilities); 25 Pa. Code §
														93.7 (relating to specific water
							 quality criteria); and 25 Pa. Code §
														96.3 (relating to water quality
							 protection requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › WATER QUALITY CRITERIA › Section 93.8b - Metals criteria

Current through Register Vol. 54, No. 28, July 13, 2024
Dissolved criteria are footnoted in Table 5, and have
						  been developed by applying the most current EPA conversion factors to the total
						  recoverable criteria. The EPA factors are listed in the following Conversion
						  Factors Table.
Conversion Factors Table
Chronic
Acute
Source
Arsenic
1.000 (As3+)
1.000
								  (As3+)
1,2
Cadmium
1.101672 - (ln[H] x 0.041838)
1.136672 - (ln[H] x 0.041838)
2
Chromium III
0.860
0.316
1,2
Chromium VI
0.962
0.982
1,2
Copper
0.960
0.960
1,2
Lead*
1.46203 - (ln[H] x
								  0.145712
2
Mercury
0.85
0.85
1,2
Nickel
0.997
0.998
1,2
Selenium
0.922
0.922
1
Silver
NA
0.85
2
Zinc
0.986
0.978
1,2
* Conversion factor applies to both acute and chronic
						  criteria.
Source 1-Final Water Quality Guidance for the Great
						  Lakes System (60 FR 15366, March 23, 1995)
Source 2-Establishment of Numeric Criteria for Priority
						  Pollutants; Revision of Metals Criteria-Interim Final Rule (60 FR 22229, May 4,
						  1995)
The provisions of this §
														93.8b 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 §
														16.24 (relating to metals
							 criteria).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › WATER QUALITY CRITERIA › Section 93.8d - Development of site-specific water quality criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will consider a request
						for site-specific criteria when one or more of the following apply:
(1) There exist site-specific biological or
						chemical conditions of receiving waters which differ from conditions upon which
						the water quality criteria were based.
(2) More stringent criteria are needed for a
						parameter listed in §
													93.7 (relating to specific water
						quality criteria) to protect more sensitive, intervening uses.
(3) There exists a need for a site-specific
						criterion for a substance not listed in §
													93.8c, Table 5 (relating to water
						quality criteria for toxic substances).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 93 - WATER QUALITY STANDARDS › DESIGNATED WATER USES AND WATER QUALITY CRITERIA › Section 93.9b - Drainage List B

Current through Register Vol. 54, No. 28, July 13, 2024
Delaware River Basin in
						  Pennsylvania
Lackawaxen River
Stream
Zone
County
Water
								  Uses Protected
Exceptions To Specific Criteria
1-Delaware River
2-Lackawaxen River
3-West Branch Lackawaxen River
Basin,
								  Source to Prompton Reservoir
Wayne
HQ-CWF, MF
None
3-West Branch Lackawaxen River
Main
								  Stem, Prompton Reservoir to Confluence with Lackawaxen River and Dyberry Creek
Wayne
HQ-TSF, MF
None
4-Tributaries to West Branch Lackawaxen River
Basins, Prompton Reservoir to Van Auken Creek
Wayne
HQ-CWF, MF
None
4-Van Auken Creek
Basin
Wayne
HQ-TSF, MF
None
4-Tributaries to West Branch Lackawaxen River
Basins, Van Auken Creek to confluence with Lackawaxen River and
								  Dyberry Creek
Wayne
HQ-CWF, MF
None
3-Dyberry Creek
4-West Branch Dyberry Creek
Basin
Wayne
HQ-CWF, MF
None
4-East Branch Dyberry Creek
Basin
Wayne
EV, MF
None
3-Dyberry Creek
Basin, Confluence of
								  West Branch Dyberry Creek and East Branch Dyberry Creek to Big Brook
Wayne
HQ-CWF, MF
None
4-Big Brook
Basin
Wayne
EV, MF
None
3-Dyberry Creek
Basin, Big Brook to
								  Mouth
Wayne
HQ-CWF, MF
None
2-Lackawaxen River
Main Stem
Pike
HQ-TSF, MF
None
3-Tributaries to Lackawaxen River
Basins, Dyberry Creek to Wallenpaupack Creek
Wayne
HQ-CWF, MF
None
3-Wallenpaupack Creek
Basin, Source to
								  Lake Wallenpaupack Dam
Wayne-Pike
HQ-CWF, MF
None
3-Wallenpaupack Creek
Basin, Lake
								  Wallenpaupack Dam to Mouth
Wayne-Pike
HQ-WWF, MF
None
3-Tributaries to Lackawaxen
								  River
Wallenpaupack Creek to Mouth
Pike
HQ-CWF,
								  MF
None
The provisions of this §
														93.9b 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 93 - WATER QUALITY STANDARDS › DESIGNATED WATER USES AND WATER QUALITY CRITERIA › Section 93.9y - Drainage List Y

Current through Register Vol. 54, No. 28, July 13, 2024
Lake Ontario Basin in Pennsylvania
Genesee River
Stream
Zone
County
Water
								  Uses Protected
Exceptions To Specific Criteria
1-Genesee River
Main Stem, Source to
								  PA-NY State Border
Potter
CWF
None
2-Unnamed Tributaries to Genesee
								  River
Basins (all sections in PA) Source to PA-NY State
								  Border
Potter
CWF
None
2-Musto
								  Hollow
Basin
Potter
CWF
None
2-Ludlington
								  Run
Basin
Potter
HQ-CWF
None
2-Turner
								  Creek
Basin
Potter
CWF
None
2-Shanty
								  Hollow
Basin
Potter
CWF
None
2-Wolf
								  Hollow
Basin
Potter
CWF
None
2-Cotton
								  Brook
Basin
Potter
HQ-CWF
None
2-Middle Branch Genesee
								  River
Basin
Potter
HQ-CWF
None
2-Mundy Brook
Basin (all sections in
								  PA)
Potter
CWF
None
2-West Branch Genesee
								  River
Basin
Potter
HQ-CWF
None
2-Cryder Creek
Basin (all sections in
								  PA)
Potter
CWF
None
1-Genesee River (NY)
2-Unnamed Tributaries to Genesee
								  River
Basins (all sections in PA), PA-NY State Border to
								  Mouth
Potter
CWF
None
2-Marsh Creek
Basin (all sections in
								  PA)
Potter
CWF
None
The provisions of this §
														93.9y 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 §
														16.51 (relating to table); 25 Pa.
							 Code §
														93.1 (relating to definitions); 25
							 Pa. Code §
														93.4 (relating to Statewide water
							 uses); 25 Pa. Code §
														93.7 (relating to specific water
							 quality criteria); and 25 Pa. Code §
														93.9 (relating to designated water
							 uses and water quality criteria).
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 › GENERAL PROVISIONS › Section 94.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is intended to prevent unpermitted and
						  insufficiently treated wastewater from entering waters of this Commonwealth by
						  requiring the owners and operators of sewerage facilities to project, plan and
						  manage future hydraulic, organic and industrial waste loadings to their
						  sewerage facilities. Reductions in wastewater volume and pollutant mass
						  loadings through the application of pollution prevention practices are
						  encouraged to avoid hydraulic, organic and industrial wastewater overloads at
						  sewerage facilities to accomplish the following objectives:
(1) Prevent the occurrence of overloaded
						sewerage facilities.
(2) Limit
						additional extensions and connections to an overloaded sewer system or a sewer
						system tributary to an overloaded plan.
(3) Improve opportunities to prevent or
						reduce the volume and toxicity of industrial wastes generated and discharged to
						sewerage facilities and where prevention and reduction opportunities have been
						maximized, and to recycle and reuse municipal and industrial wastewaters and
						sludges.
The provisions of this §
														94.2 issued under section 9 of the
							 Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9); 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 94 - MUNICIPAL WASTELOAD MANAGEMENT › GENERAL PROVISIONS › Section 94.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter requires owners of sewerage facilities to
						  properly plan, manage and maintain sewerage facilities in a manner which will
						  do the following:
(1) Anticipate and
						prevent overloading sewerage facilities.
(2) Limit additional extensions and
						connections to an overloaded sewer system or a sewer system tributary to an
						overloaded plant.
(3) Prevent the
						introduction into sewerage facilities of pollutants which will interfere with
						the operation of the plant or pass through or otherwise be incompatible with
						the treatment process or sewerage facility.
(4) Improve opportunities to recycle and
						reclaim municipal and industrial wastewaters and sludges.
The provisions of this §
														94.3 issued under section 9 of the
							 Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9); 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 94 - MUNICIPAL WASTELOAD MANAGEMENT › GENERAL REQUIREMENTS › Section 94.11 - Sewer extensions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						sewer extension may not be constructed if the additional flows contributed to
						the sewerage facilities from the extension will cause the plant, pump stations
						or other portions of the sewer system to become overloaded or if the flows will
						add to an existing overload unless the extension is in accordance with an
						approved CAP submitted under §
												94.21 or §
												94.22 (relating to existing
						overload; and projected overload) or unless the extension is approved under
						§
												94.54 (relating to sewer line
						extension).
(b) The Department may
						issue a permit for the construction of a capped sewer, which would be tributary
						to an overloaded sewerage facility where the capped sewer would not be placed
						into service until adequate conveyance and treatment capacity becomes available
						under all of the following conditions:
(1) The
						proposed project is consistent with the approved official plan of the
						municipality.
(2) The municipality
						or municipal authority which owns the sewer system to which the capped sewer
						would connect has an approved program for providing adequate conveyance and
						treatment capacity within 5 years of the date of issuance of a capped sewer
						permit by the Department.
(3) Other
						Department requirements for sewer design and construction are
						met.
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 › GENERAL REQUIREMENTS › Section 94.13 - Measuring, indicating and recording devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plant which receives or will receive
						within the next 5 years, monthly average flows exceeding 100,000 gallons per
						day shall be equipped to continuously measure, indicate and record the flow.
						The permittee of the plant shall install equipment necessary for these
						measurements within 6 months after the date when such a flow becomes
						evident.
(b) Flow measuring,
						indicating and recording equipment shall be calibrated annually, and the
						calibration report shall be included in the annual report submitted under
						§
												94.12 (relating to annual
						report).
The provisions of this §
														94.13 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 › GENERAL REQUIREMENTS › Section 94.14 - Approval of official plans and revisions

Current through Register Vol. 54, No. 28, July 13, 2024
No official plan, official plan revision or supplement
						  will be approved by the Department or delegated agency, nor will an exemption
						  from the planning requirements be granted under Chapter 71 (relating to
						  administration of the sewage facilities planning program) that is inconsistent
						  with this chapter.
The provisions of this §
														94.14 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 › GENERAL REQUIREMENTS › Section 94.15 - Pretreatment program development

Current through Register Vol. 54, No. 28, July 13, 2024
In cases where pollutants contributed by industrial
						  users result in interference or pass through, and the violation is likely to
						  recur, a permittee shall develop and implement specific local limits for
						  industrial users and other users, as appropriate, that together with
						  appropriate sewerage facility or operational changes, are necessary to ensure
						  renewed or continued compliance with the plant's NPDES permit or sludge use or
						  disposal practices.
The provisions of this §
														94.15 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 94 - MUNICIPAL WASTELOAD MANAGEMENT › ACTION ON OVERLOADED FACILITIES › Section 94.21 - Existing overload

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						annual report establishes or if the Department determines that the sewerage
						facilities or any portions thereof are either hydraulically or organically
						overloaded, the permittee of the sewerage facilities shall comply with the
						following program:
(1) Prohibit new
						connections to the overloaded sewerage facilities except as approved by the
						permittee under the standards for granting exceptions contained in §§
													94.55-94.57 (relating to building permit
						issued prior to ban; replacement of a discharge; and other exceptions). No
						building permit may be issued by a governmental entity which may result in a
						connection to overloaded sewerage facilities or increase the load to those
						sewerage facilities from an existing connection. The permittee shall retain
						records of exceptions granted and make the records available to the Department
						upon request.
(2) Immediately begin
						work for the planning, design, financing, construction and operation of the
						sewerage facilities that may be necessary to provide required capacities to
						meet anticipated demands for a reasonable time in the future and resulting in a
						project that is consistent with the applicable official plans 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.
(3) Submit to the Regional Office, for the
						review and approval of the Department, a written CAP to be submitted with the
						annual report or within 90 days of notification of the Department's
						determination of overload, setting forth the actions to be taken to reduce the
						overload and to provide the needed additional capacity. The written CAP shall
						include, but not be limited, to limitations on and a program for control of new
						connections to the overloaded sewerage facilities and a schedule showing the
						dates each step toward compliance with paragraph (2) shall be
						completed.