Public Notice of the Availability of National Pollutant Discharge Elimination System General Permit for Wet Weather Overflow Discharges from Combined Sewer Systems (PAG-06)
[44 Pa.B. 2940]
[Saturday, May 17, 2014]
Under The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20), the Department of Environmental Protection (Department), by this notice, informs the public of the availability of the National Pollution Discharge Elimination System (NPDES) PAG-06 General Permit for Wet Weather Overflow Discharges from Combined Sewer Systems. The General Permit will become effective at 12 a.m. on Sunday, June 1, 2014.
The PAG-06 General Permit is intended to provide NPDES permit coverage to satellite combined sewer systems with wet weather combined sewer overflow (CSO) discharges to waters of the Commonwealth.
Notice of the availability of a draft PAG-06 General Permit was published at 43 Pa.B. 6606 (November 2, 2013). A 30-day comment period was provided for as part of the draft permit publication. No public comments were received.
The proposed Notice of Intent (NOI) fee for coverage under this General Permit is $100 per year that the combined sewer system is in operation. The NOI fee is to be paid in installments; $100 must be included with the NOI and $100 must be included with the Annual CSO Status Report for each year of continuing permit coverage. The Department anticipates that once coverage under the General Permit is authorized, coverage will continue without the need to submit a separate, subsequent NOI for renewal of coverage as long as the PAG-06 General Permit is renewed, unless the Department specifically requires the submission of a separate, subsequent NOI in writing. The permittee must agree and certify that the permittee has read and continues to be eligible for coverage under the most recent PAG-06 and that it will comply with any conditions and modifications to those conditions. This certification, which will be included as a part of the Annual CSO Status Report, represents the permittee's subsequent NOI for continued coverage under any subsequently renewed PAG-06.
The following changes were made to the final PAG-06 General Permit in comparison to the draft PAG-06 General Permit published at 43 Pa.B. 6606:
• Clarification was made that following initial coverage under this General Permit, the submission of Annual CSO Status Reports in accordance with Part C III.C of the General Permit constitutes the permittee's NOI for continued coverage under the General Permit.
• The permit reopener clause has been reinstated in Part C.V of the General Permit. The clause is in the existing permit but was omitted from the draft permit.
• Part C.II.C.3.d of the General Permit has been revised to include the Department's approval of the post construction monitoring protocol to verify compliance with water quality standards and protection of designated uses and to evaluate the effectiveness of CSO controls.
• The Annual CSO Status Report form has been modified to include CSO inventory with each annual report. The inventory requires the outfall identifier, the latitude/longitude of the outfall and receiving waters. A question has been added that requests information on any changes to the CSO Inventory over the past calendar year.
• The fact sheet has been updated to reflect the previously listed changes in the permit language and also to indicate the total number of permittees with PAG-06 coverage.
The permit document package can be accessed through the Department's eLibrary web site at www.elibrary.dep.state.pa.us by selecting ''Permit and Authorization Packages,'' then ''Point and Non-Point Source Management,'' then ''National Pollutant Discharge Elimination System—NPDES,'' then ''General Permits'' and ''PAG-06—General Permit for Wet Weather Overflow Discharges from Combined Sewer Systems.''
For PAG-06 General Permit NOIs, the Department will publish notice in the Pennsylvania Bulletin for approvals of coverage only (see 25 Pa. Code § 92a.84(c)(3) (relating to public notice of general permits)).
E. CHRISTOPHER ABRUZZO,
[Pa.B. Doc. No. 14-1044. Filed for public inspection May 16, 2014, 9:00 a.m.]
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