[30 Pa.B. 6059]
[Continued from previous Web Page] § 92.57. Effluent limitations.
NPDES permits shall specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of weight except pH, temperature, radiation and any other pollutants not appropriately expressed by weight. Permits may in addition impose limitations on frequency of discharge, concentrations or percentage removal, and may include instantaneous maximum limits, BMPs or any other limitations, as necessary.
§ 92.59. Documentation for permit conditions.
When an NPDES permit applies the effluent limitations or standards described in § 92.31 (relating to effluent limitations or standards), the Department will prepare documentation demonstrating that the permit will not violate applicable water standards. When an issued NPDES permit applies any more stringent effluent limitation based upon applicable water quality standards, a waste load allocation shall be prepared to insure that the discharge authorized by the permit is consistent with applicable water quality standards.
§ 92.61. Public notice of permit application and public hearing.
(a) Public notice of every complete application for an NPDES permit will be published by the Department in the Pennsylvania Bulletin. The public notice will also be posted by the applicant near the entrance to the premises of the applicant and in nearby places. The contents of public notice of applications for NPDES permits will include at least the following:
(1) The name, address, phone number of agency issuing the public notice.
(2) The name and address of each applicant.
(3) A brief description of each applicant's activities or operations which result in the discharge described in the application.
(4) The name of the waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether the discharge is a new or an existing discharge.
(5) A statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the application. If there is a tentative determination to issue a permit, the determination will include proposed effluent limitations for those effluents proposed to be limited, a proposed schedule of compliance including interim dates and requirements for meeting the proposed effluent limitations and a brief description of any proposed special conditions which will have a significant impact upon the discharge described in the application.
(6) The location of the nearest downstream potable water supply considered in establishing proposed effluent limitations under this title, or a finding that no potable water supply will be affected by the proposed discharge.
(7) A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required by subsection (d) and any other means by which interested persons may influence or comment upon those determinations.
(8) The address and phone number of State or interstate agency premises at which interested persons may obtain further information, request a copy of the fact sheet described in subsection (c) and inspect and copy NPDES forms and related documents.
(9) The antidegradation classification of the receiving surface water under § 93.4c(b)(1)(ii)(B) (relating to implementation of antidegradation requirements).
(b) The Department will organize the tentative determination prepared under subsection (a)(5) into a draft NPDES permit.
(c) For every discharge which has a total volume of more than 500,000 gallons on any day of the year, the Department will prepare and following public notice, will send to any person, upon request, a fact sheet with respect to the application described in the public notice. The contents of the fact sheets will include at least the following information:
(1) A sketch or detailed description of the location of the discharge described in the application.
(2) A quantitative description of the discharge described in the application which includes at least the following:
(i) The rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow in gallons per day or million gallons per day.
(ii) For thermal discharges subject to limitation under the Federal Act, the average summer and winter temperatures in degrees Fahrenheit.
(iii) The average daily discharge in pounds per day of any pollutants which are present in significant quantities or which are subject to limitations or prohibition under section 301, 302, 306 or 307 of the Federal Act (33 U.S.C.A. §§ 1311, 1312, 1316 and 1317) and regulations promulgated thereunder.
(3) The tentative determinations required under subsection (a).
(4) A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge.
(5) A fuller description of the procedures for the formulation of final determinations than that given in the public notice including:
(i) The 30-day comment period required by subsection (d).
(ii) Procedures for requesting a public hearing and the nature thereof.
(iii) Other procedures by which the public may participate in the formulation of the final determinations.
(d) There will be a 30-day period following publication of notice during which written comments may be submitted by interested persons before the Department makes its final determination on a permit application. All written comments submitted during the 30-day comment period will be retained by the Department and considered in the formulation of the final determinations with respect to the application. The period for comment may be extended at the discretion of the Department for one additional 15-day period. The Department will provide an opportunity for the applicant, any affected state, any affected interstate agency, the Regional Administrator or any interested agency, person or group of persons to request or petition for a public hearing with respect to the application. The request or petition for public hearing shall be filed within the 30 day period allowed for filing of written comments and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held if there is a significant public interest, including the filing of requests or petitions for the hearing; in holding the hearing. Instances of doubt should be resolved in favor of holding the hearing. Any hearing brought under this subsection will be held in the geographical area of the proposed discharge or other appropriate area and may, as appropriate, consider related groups of permit applications.
(e) If a public hearing is requested, notice of the 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 which received a copy of the notice or the fact sheet for the application. All of the notices of a public hearing will be published at least 30 days before the hearing. Notice of public hearing will include at least the following:
(1) The name, address and phone number of 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 made and a short description of the location of each discharge on the waterway.
(4) A brief reference to the public notice issued 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 premises at which interested persons may obtain further information, request a copy of each fact sheet prepared under subsection (c), 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.
(f) A copy of the notice of an application or a hearing and relevant fact sheets will be mailed to any person or group upon request. A person or group desiring to receive fact sheets, notices of applications, or notices of hearings on a routine basis may request to be placed on a mailing list to receive copies of all notices. The Department will annually review mailing lists, contact recipients and terminate mailings unless the recipient indicates desire to continue receiving the mailings.
(g) 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 Hearing Board, will be published in the Pennsylvania Bulletin.
§ 92.63. Public access to information.
(a) Any NPDES forms and public comment will be available to the public for inspection and copying.
(b) The Department may protect any information, other than effluent data, contained in NPDES forms, or other records, reports or plans pertaining to the NPDES permit program as confidential upon a showing by any person that the information is not a public record for the purposes of section 607 of the State Act (35 P. S. § 691.607). Documents which may be protected as confidential and are not public records are those which if made public would divulge an analysis of chemical and physical properties of coal (excepting information regarding the mineral or elemental content which is potentially toxic in the environment), and those which are confidential commercial information or methods or processes entitled to protection as trade secrets under State or Federal law. If, however, the information being considered for confidential treatment is contained in an NPDES form, the Department will forward the information to the Regional Administrator for concurrence in any determination of confidentiality. If the Regional Administrator does not concur that some or all of the information being considered for confidential treatment merits the protection and so notifies the Department in writing, the Department will make available to the public that information determined by the Regional Administrator in consultation with the EPA Office of General Counsel not entitled to protection in accordance with 40 CFR Part 2 (relating to public information).
(c) Information accorded confidential status, whether or not contained in an NPDES form, will be disclosed, upon request, to the Regional Administrator, or an authorized representative, who shall maintain the disclosed information as confidential.
(d) Facilities for the inspection of information relating to NPDES permits will be provided and State employes will honor requests for inspection promptly without undue requirements or restrictions. Either a machine or device for the copying of papers and documents will be available for a reasonable fee, or other copying facilities or services will be provided.
§ 92.65. Notice to other government agencies.
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 which 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 § 92.61(a) (relating to public notice of permit application and public hearing), transmit to any other states, whose waters may be affected by the issuance of an NPDES permit a copy of fact sheets prepared under § 92.61(c). Upon request, the Department will provide the states with a copy of the application and a copy of the draft permit prepared under § 92.61(b). Each affected state shall be afforded an opportunity to submit written recommendations to the Department and to the Regional Administrator which the Department may incorporate into the permit if issued. If the Department decides not to incorporate any written recommendations thus received, it will provide to the affected states and to the Regional Administrator 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 § 92.61(a), transmit to any interstate agency having water quality control authority over waters which may be affected by the issuance of a permit a copy of fact sheets prepared under § 92.61(c). The interstate agency shall have the same opportunity to submit recommendations and to receive explanations in paragraph (2).
(4) At the time of issuance of public notice under § 92.61(a), transmit to the appropriate District Engineer of the Army Corps of Engineers a copy of fact sheets prepared under § 92.61(c). An NPDES permit will not be issued if a district engineer objects to the issuance of the permit because anchorage and navigation of any of the surface waters would be impaired.
(5) Provide a subscription to the Pennsylvania Bulletin and transmit fact sheets prepared under § 92.61(c) for any other Federal, State or local agency upon request, and provide these agencies an opportunity to respond or comment.
MISCELLANEOUS § 92.71a. Transfer of permit.
An NPDES permit may be automatically transferred to a new permittee if the following conditions are met:
(1) The current permittee notifies the Department at least 30 days in advance of the proposed transfer date.
(2) The notice includes a written agreement between the existing permittee and the new permittee containing a specific date for transfer of permit responsibilities, coverage and liability between them.
(3) The Department does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the transfer date specified in the agreement required under paragraph (2).
(4) The new permittee is in compliance with existing Department issued permits, regulations, orders and schedules of compliance, or that any noncompliance with the existing permits has been resolved by an appropriate compliance action or by the terms and conditions of the permit (including a compliance schedule set forth in the permit), consistent with § 92.55 (relating to schedules of compliance) and other appropriate Department regulations.
§ 92.72a. Cessation of discharge.
If a permittee intends to cease operations or cease a discharge for which a permit has been issued under this chapter, the permittee shall notify the Department in writing of its intent at least 90 days prior to the cessation of operations or the cessation of the discharge, unless permission has been granted for a later date by the Department.
§ 92.73. Prohibition of certain discharges.
A permit will not be issued, modified, renewed or reissued under any of the following conditions:
(1) Authorizing the discharge of any radiological, chemical, biological warfare agent or high-level radioactive waste.
(2) Authorizing any discharge which is in conflict with a plan or amendment thereto approved under section 208(b) of the Federal Act (33 U.S.C.A. § 1288(b)).
(3) When the applicant is required to obtain a State water quality certification or other appropriate certification under section 401 of the Federal Act (33 U.S.C.A. § 1341) and that certification has not been obtained or waived.
(4) When the Regional Administrator has objected to the issuance of a permit.
(5) When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states.
(6) When, in the judgment of the Administrator, a district engineer of the Army Corps of Engineers or the Department, anchorage and navigation in or on any surface waters would be substantially impaired by the discharge.
(7) To a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards.
(8) For a sanitary sewer overflow, except as provided for in the Federal regulations.
§ 92.75. Transmission of NPDES forms.
The Department will transmit to the Regional Administrator and the National data bank complete copies of all NPDES forms and other information received, and in the manner the Department and the Regional Administrator shall agree.
§ 92.77. Requirement of additional data in certain cases.
If, after transmission of information to the Administrator under § 92.75 (relating to transmission of NPDES forms), the Administrator notifies the Department that any discharge which has a total volume of less than 50,000 gallons on every day of the year is not a minor discharge, the Department will require the applicant for the discharge to submit additional NPDES forms or other information requested by the Regional Administrator in the notification to the Department.
§ 92.79. Reports of violations.
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 which is proposed or has been taken, and giving a brief description, if appropriate, of any circumstances which explain the violation. A copy of the report shall be forwarded on the last day of the months of February, May, August and November to the EPA Regional Administrator.
GENERAL PERMITS § 92.81. General NPDES permits.
(a) Coverage and purpose. The Department may issue a general NPDES permit, in lieu of issuing individual NPDES permits, for a clearly and specifically described category of point source discharges, if the point sources meet the following conditions:
(1) Involve the same, or substantially similar, types of operations.
(2) Discharge the same types of wastes.
(3) Require the same effluent limitations or operating conditions, or both.
(4) Require the same or similar monitoring.
(5) Do not discharge toxic or hazardous pollutants as defined in sections 307 and 311 of the Federal Act (33 U.S.C.A. §§ 1317 and 1321) or any other substance which--because of its quantity; concentration; or physical, chemical or infectious characteristics--may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into the surface waters.
(6) In the opinion of the Department, are more appropriately controlled under a general permit than under individual permits.
(7) Individually and cumulatively do not have the potential to cause significant adverse environmental impact.
(8) Do not discharge to waters classified as ''special protection'' under Chapter 93 (relating to water quality standards).
(b) Administration of general permits. General permits may be issued, amended, suspended, revoked, reissued or terminated under this chapter. Issuance of a general NPDES permit does not exempt a person from compliance with this title. General NPDES permits shall have a fixed term not to exceed 5 years, and shall comply with §§ 92.31, 92.41, 92.51, 92.57 and 92.59 and other applicable provisions of this title.
(c) Department specification. The Department may specify in the general permit that an eligible person who has submitted a timely and complete notice of intent is authorized to discharge in accordance with the terms of the permit under one of the following:
(1) After a waiting period following receipt of the notice of intent by the Department as specified in the general permit.
(2) Upon receipt of notification of approval of coverage under a general NPDES permit from the Department.
(d) Department notification. The Department will, as applicable, notify a discharger that it is or is not covered by a general permit. A discharger so notified may request an individual permit.
§ 92.82. Public notice and public hearing.
(a) Public notice of every proposed general NPDES permit will be published by the Department 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 NPDES permit.
(3) The standards in § 92.81(a) (relating to general NPDES permits), and 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 NPDES permit in accordance with these standards.
(4) A brief description of the terms and conditions of the proposed general NPDES permit, including applicable effluent limitations, BMPs and special conditions.
(5) A brief description of the procedures for the formulation of final determinations, and other means by which interested persons may influence or comment on those determinations. Except as provided in § 92.81(c) and (d) (relating to general NPDES permits), the procedures shall comply, at a minimum, with the public notice and hearing requirements in § 92.61(c)--(e) (relating to public notice of permit application and public hearing).
(6) The address and phone number of Commonwealth agency premises at which interested persons may obtain further information and a copy of the proposed general NPDES permit.
(7) The NOI fee for coverage under the general NPDES permit.
(b) Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit.
§ 92.83. Inclusion of individual dischargers in general NPDES permits.
(a) NOI for coverage under the general permit.
(1) Eligible dischargers, who wish to be covered by the general permit, shall file an NOI which complies with §§ 92.21(b)(4) and (5), 92.22 and 92.23 (relating to applications; application fees; and identity of signatures to NPDES forms). At a minimum, the NOI shall identify each point source for which coverage under the general permit is requested; demonstrate that each point source meets the eligibility requirements for inclusion in the general permit; demonstrate that the discharge from the point sources, individually or cumulatively, will not result in a violation of an applicable water quality standard established under Chapter 93 (relating to water quality standards) and include other information the Department may require. The NOI shall be accompanied by a signed and notarized statement that the discharger agrees to accept all conditions and limitations imposed by the general NPDES permit.
(2) If the NOI is acceptable for one or more point sources, the Department, except as provided in § 92.81(c) and (d) (relating to general permits), will formally notify the discharger of the coverage for each point source, and shall transmit a copy of the general permit to each discharger covered. Each copy of the general permit issued to a discharger shall bear an individual identification number.
(3) The Department will indicate in the publication of the notice of availability of a general permit in the Pennsylvania Bulletin whether it will provide one of the following:
(i) Notice in the Pennsylvania Bulletin of each NOI under an applicable general NPDES permit, and of each approval for coverage under a general NPDES permit.
(ii) Notice of every approval of coverage only.
(b) Denial of coverage. The Department will deny any NOI when one or more of the following conditions exist:
(1) The discharge, individually or in combination with other similar discharges, is or has the potential to be a contributor of pollution, as defined in the State Act, which is more appropriately controlled under an individual permit.
(2) The discharger is not, or will not be, in compliance with any of the conditions of the general permit.
(3) The applicant has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a regulation, permit, schedule of compliance or order issued by the Department.
(4) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source.
(5) Categorical point source effluent limitations are promulgated by the EPA for those point sources covered by the general permit.
(6) The discharge is not, or will not, result in compliance with applicable effluent limitation or water quality standard.
(7) Other point sources at the facility require issuance of an individual NPDES permit, and issuance of both an individual and a general NPDES permit for the facility would constitute an undue administrative burden on the Department.
(8) The Department determines that the action is necessary for any other reason to ensure compliance with the Federal Act, the State Act or this title.
(9) The discharge would be to waters classified as ''special protection'' under Chapter 93 (relating to water quality standards).
(c) Requiring an individual permit. The Department may amend, revoke, suspend or terminate previously issued coverage under a general NPDES permit, and require the point source discharger to apply for and obtain an individual NPDES permit for any of the reasons in subsection (b). An interested person may petition the Department to take action under this subsection. Upon notification by the Department under this subsection that an individual NPDES permit is required for a point source, the discharger shall submit a complete NPDES application, in conformance with this chapter, within 90 days of receipt of the notification, unless the discharger is already in possession of a valid individual NPDES permit. Failure to submit the application within 90 days shall result in automatic termination of coverage of the applicable point sources under the general permit. Timely submission of a complete application shall result in continuation of coverage of the applicable point sources under the general permit, until the Department takes final action on the pending individual permit application.
(d) Action of the Department. Action of the Department denying coverage under a general permit under subsection (b), or requiring an individual NPDES permit under subsection (c), is not a final action of the Department until the discharger submits and the Department takes final action on an individual NPDES permit application.
(e) Termination of general permit. When an individual NPDES permit is issued for a point source which is covered under a general NPDES permit, the applicability of the general permit to that point source is automatically terminated on the effective date of the individual permit.
(f) Coverage under general permit. A point source excluded from a general permit solely because it already has an individual permit may submit an NOI under subsection (a). If the NOI is acceptable, the Department will revoke the individual permit and notify the source that it is covered under the general permit.
CIVIL PENALTIES FOR VIOLATIONS OF
NPDES PERMITS§ 92.91. Applicability.
This section and §§ 92.92--92.94 apply to civil penalty assessments by the Department under section 605(a) of the State Act (35 P. S. § 691.605(a)).
§ 92.92. Method of seeking civil penalty.
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 § 92.93 (relating to procedure for civil penalty assessments).
§ 92.93. Procedure for civil penalty assessments.
(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 discharger. 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 discharger is located, and delivery is refused, or mail is not collected, the requirements of this section shall be deemed to have been complied with upon the tender.
(b) The discharger 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.
§ 92.94. Disbursement of funds pending resolution of appeal.
(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 shall become due and payable upon expiration of the time allowed to file an appeal. If the person fails to pay, the amount shall be collected in the manner provided by section 605 of the State Act. 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 shall be collected in the manner provided by law. The Department may preclude persons who fail to pay in full from obtaining or renewing any Department permits.
(c) Upon completion of the administrative and judicial review process, any funds collected under §§ 92.91--92.93 (relating to applicability; method of seeking civil penalty; and procedure for civil penalty assessments) and this section will be deposited into the Clean Water Fund.
CHAPTER 93. WATER QUALITY STANDARDS § 93.1. Definitions.
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.
Carcinogen--A substance that causes an increased incidence in benign or malignant neoplasms, or a substantial decrease in the latency period between exposure and the onset of neoplasms in man or other species as evidenced by toxicological or epidemiololgical studies, or both.
Class A wild trout water--A surface water classified by the Fish and Boat Commission, based on species-specific biomass standards, which supports a population of naturally produced trout of sufficient size and abundance to support a long-term and rewarding sport fishery.
Clean Streams Law--The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Clean Water Act--The Federal Water Pollution Control Act (33 U.S.C.A. §§ 1251--1376).
Coordinated water quality protective measures--
(i) Legally binding sound land use water quality protective measures coupled with an interest in real estate which expressly provide long-term water quality protection of a watershed corridor.
(ii) Sound land use water quality protective measures include: surface or groundwater source protection zones, enhanced stormwater management measures, wetland protection zones or other measures which provide extraordinary water quality protection.
(iii) Real estate interests include:
(A) Fee interests.
(B) Conservation easements.
(C) Government owned riparian parks or natural areas.
(D) Other interests in land which enhance water quality in a watershed corridor area.
Critical use--The most sensitive designated or existing use the criteria are designed to protect.
Daily average--The arithmetic average of the samples collected during a continuous 24-hour period.
Designated uses--Those uses specified in §§ 93.4(a) and 93.9a--93.9z for each water body or segment whether or not they are being attained.
Epilimnion--Warm upper layer of nearly uniform temperature in a stratified body of water, such as a lake or impoundment.
Exceptional Value Waters--Surface waters of high quality which satisfy § 93.4b(b) (relating to antidegradation).
Existing uses--Those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards.
Four-day average--The arithmetic average of the samples collected during a consecutive 4-day period.
High Quality Waters--Surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying § 93.4b(a).
Margin of safety--The combination of uncertainity and modifying factors applied to the results of toxicity tests to compensate for incomplete characterization of the effect on the population to be protected.
Monthly average--The arithmetic average on the samples collected during a calendar month.
Natural quality--The water quality conditions that exist or that would reasonably be expected to exist in the absence of human related activity.
Nonpoint source--A pollution source which is not a point source discharge.
Nonthreshold effect--An adverse impact, including carcinogenic effects, for which no exposure greater than zero assures protection to the exposed individual.
One-hour average--The arithmetic average of the samples collected during a continuous 1-hour period.
Osmotic pressure--The pressure which, when applied to a solution, will just prevent the passage of solvent--usually water--from an area of low solute concentration through a semipermeable membrane to an area of high solute concentration.
Outstanding National, State, regional or local resource water--A surface water for which a National or State government agency has adopted water quality protective measures in a resource management plan, or regional or local governments have adopted coordinated water quality protective measures along a watershed corridor.
Point source discharge--A pollutant source regulated under the National Pollutant Discharge Elimination System (NPDES) as defined in § 92.1 (relating to definitions).
Priority pollutants--The chemicals identified by the EPA for priority in water pollution control, under section 307(a)(1) of the Clean Water Act (33 U.S.C.A. § 1317(a)(1)).
Risk assessment--The characterization of the potential adverse effects of exposure to environmental hazards. The term includes hazard identification, dose-response assessment, exposure assessment and risk characterization.
Risk management--The process of evaluation and selection between alternative regulatory options. Risk management decisions may include consideration of risk assessment, analytical, socio-economic and political factors.
State game propagation and protection area--An area established by the Game Commission for the propagation and protection of game or wildlife wherein game or wildlife may not be hunted, pursued, disturbed, molested, killed or taken at any time except as authorized by the Game Commission.
Surface water of exceptional ecological significance--A surface water which is important, unique or sensitive ecologically, but whose water quality as measured by traditional parameters (for example, chemical, physical or biological) may not be particularly high, or whose character cannot be adequately described by these parameters. These waters include:
(i) Thermal springs.
(ii) Wetlands which are exceptional value wetlands under § 105.17(1) (relating to wetlands).
Surface water of exceptional recreational significance--A surface water which provides a water-based, water quality-dependent recreational opportunity (such as fishing for species with limited distribution) because there are only a limited number of naturally occurring areas and waterbodies across the State where the activity is available or feasible.
Surface waters--Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process.
Threshold effect--An adverse impact that occurs in the exposed individual only after a physiological reserve is depleted. For these effects there exists a dose below which no adverse response will occur.
Thirty-day average--The arithmetic average of the samples collected during a consecutive 30-day period.
Toxic substance--A chemical or compound in sufficient quantity or concentration which is, or may become, harmful to human, animal or plant life. The term includes, but is not limited to, priority pollutants and those substances which are identified in Chapter 16 (relating to water quality toxic management strategy--statement of policy).
Water quality criteria--Numeric concentrations, levels or surface water conditions that need to be maintained or attained to protect existing and designated uses.
Wetlands--Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
Wilderness trout stream--A surface water designated by the Fish and Boat Commission to protect and promote native trout fisheries and maintain and enhance wilderness aesthetics and ecological requirements necessary for the natural reproduction of trout.
§ 93.2. Scope.
(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 its regulation of discharges.
(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.
§ 93.3. Protected water uses.
Water uses which shall be protected, and upon which the development of water quality criteria shall be based, are set forth, accompanied by their identifying symbols, in Table 1:
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