[40 Pa.B. 847]
[Saturday, February 13, 2010](g) NOI fees for coverage under a general permit under § 92a.23 (relating to NOI for coverage under an NPDES general permit) will be established in the general permit, and may not exceed $2,500. An eligible person shall submit to the Department the applicable NOI fee before the Department approves coverage under the general permit for that person.
[Continued from previous Web Page] (h) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.
§ 92a.29. Sewage discharges.
(a) The following additional application requirements apply to new and existing sewage dischargers (including POTWs and privately owned treatment works), as applicable except where aquatic communities are essentially excluded as documented by water quality data confirming the absence of the communities and confirming the lack of a trend of water quality improvement in the waterbody, and provided that the Department has determined that the primary cause of the exclusion is unrelated to any permitted discharge:
(1) The following sewage dischargers shall provide the results of whole effluent toxicity testing to the Department:
(i) Sewage dischargers with design influent flows equal to or greater than 1.0 million gallons per day.
(ii) Sewage dischargers with approved pretreatment programs or who are required to develop a pretreatment program.
(2) In addition to the sewage dischargers in paragraph (1), the Department may require other sewage dischargers to submit the results of toxicity tests with their permit applications, based on consideration of the following factors:
(i) The variability of the pollutants or pollutant parameters in the sewage effluent (based on chemical-specific information, the type of treatment facility and types of industrial contributors).
(ii) The dilution of the effluent in the receiving water (ratio of effluent flow to receiving stream flow).
(iii) Existing controls on point or nonpoint sources, including calculations of TMDLs for the waterbody segment, and the relative contribution of the sewage discharger.
(iv) Receiving surface water characteristics, including possible or known water quality impairment, and whether the sewage discharges to an estuary, one of the Great Lakes or a surface water that is classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards).
(v) Other considerations including, but not limited to, the history of toxic impact and compliance problems at the sewage discharge facility, which the Department determines could cause or contribute to adverse water quality impacts.
(3) For sewage dischargers required under paragraph (1) or (2) to conduct toxicity testing, the EPA's methods or other protocols approved by the Department, which are scientifically defensible and sufficiently sensitive to detect aquatic toxicity and approved by the Department, shall be used. The testing shall have been performed since the last NPDES permit reissuance, or when requested by the Department, whichever occurred later.
(b) CSO dischargers shall submit the following information:
(1) The results of an evaluation determining the frequency, extent and cause of the CSO discharge, including identifying the points of inflow into combined systems.
(2) An evaluation of the water quality impacts of the CSO discharge on receiving waters.
(3) A description of the nine minimum controls (NMCs) described in the EPA publication entitled ''Combined Sewer Overflows—Guidance for Nine Minimum Controls'' (EPA publication number 832-B-95-003 (September 1995) as amended or updated) used at the facility to minimize or eliminate the CSO discharge impact on receiving water quality.
(4) A long-term control plan (LTCP) to minimize or eliminate the CSO discharge with an implementation schedule.
(5) An update on the progress made with the implementation of the LTCP and future activities with schedules to comply with water quality standards.
§ 92a.30. Industrial waste discharges.
(a) Existing industrial discharges. Dischargers of industrial waste from sources other than new sources or new discharges subject to subsection (b), nonprocess wastewater discharges subject to subsection (c), and stormwater discharges associated with industrial activity subject to § 92a.34 (relating to stormwater discharges), shall submit the applicable information required to be submitted under 40 CFR 122.21(g)(1)—(7) and (g)(9)—(13) (relating to application for a permit (applicable to State programs, see 123.25)).
(b) New sources and new discharges. Except for new discharges of industrial facilities that discharge nonprocess wastewater subject to subsection (c) and new discharges of stormwater associated with industrial activity subject to § 92a.34, new discharges and new sources applying for NPDES permits shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(k).
(c) Nonprocess industrial waste discharges. Except for stormwater discharges associated with industrial activity subject to § 92a.34, industrial waste dischargers applying for NPDES permits that discharge only nonprocess wastewater not regulated by an effluent limitation guideline or new source performance standard shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(h).
§ 92a.31. CAFO.
(a) Except as provided in subsections (b)—(d), each CAFO shall have applied for an NPDES permit on the following schedule, and shall have obtained a permit:
(1) By May 18, 2001, for any CAFO in existence on November 18, 2000, with greater than 1,000 AEUs.
(2) By February 28, 2002, for any other CAFO in existence on November 18, 2000.
(3) Prior to beginning operation, for any new or expanded CAFO that began operation after November 18, 2000, and before October 22, 2005.
(b) A poultry operation that is a CAFO, which is in existence on October 22, 2005, and that is not using liquid manure handling systems, shall apply for an NPDES permit no later than the following, and shall obtain a permit:
(1) By April 24, 2006, for operations with 500 or more AEUs.
(2) By January 22, 2007, for all other operations.
(c) After October 22, 2005, a new operation, and an existing operation that will become a CAFO due to changes in operations such as additional animals or loss of land suitable for manure application, shall do the following:
(1) Apply for an NPDES permit at least 180 days before the operation commences or changes.
(2) Obtain an NPDES permit prior to commencing operations or making changes, as applicable.
(d) Other operations not described in subsections (a)—(c) that will become newly regulated as a CAFO for the first time due to the changes in the definition of a CAFO in § 92a.2 (relating to definitions) shall apply for a permit by April 24, 2006, and obtain a permit.
(e) The NPDES permit application requirements include, but are not limited to, the following:
(1) A nutrient management plan meeting the requirements of Chapter 83, Subchapter D (relating to nutrient management) and approved by the county conservation district or the State Conservation Commission. The plan must include:
(i) Manure application setbacks for the CAFO of at least 100 feet, or vegetated buffers at least 35 feet in width.
(ii) A statement that manure that is stockpiled for 15 consecutive days or longer shall be under cover or otherwise stored to prevent discharge to surface water during a storm event up to and including the appropriate design storm for that type of operation pursuant to § 91.36(a)(1) and (5) (relating to pollution control and prevention at agricultural operations).
(2) An erosion and sediment control plan meeting the requirements of Chapter 102 (relating to erosion and sediment control).
(3) When required under § 91.36(a), a water quality management permit, permit application, approval or engineer's certification, as required.
(4) A preparedness, prevention and contingency plan for pollutants related to the CAFO operation.
(5) A water quality management permit application as required by this chapter and Chapter 91 (relating to general provisions), when treatment facilities that would include a treated wastewater discharge are proposed.
(6) Measures to be taken to prevent discharge to surface water from storage of raw materials such as feed and supplies. These measures may be included in the nutrient management plan.
§ 92a.32. CAAP.
The provisions of 40 CFR 122.24 (relating to concentrated aquatic animal production facilities) are incorporated by reference.
§ 92a.33. Aquaculture projects.
The provisions of 40 CFR 122.25, 125.10 and 125.11 (relating to aquaculture projects (applicable to State NPDES programs, see 123.25); and criteria for issuance of permits to aquaculture projects) are incorporated by reference.
§ 92a.34. Stormwater discharges.
(a) The provisions of 40 CFR 122.26(a), (b), (c)(1), (d), (e)(1), (3)—(9) and (f)—(g) (relating to stormwater discharges (applicable to State NPDES programs, see 123.25)) and 122.30—122.37 are incorporated by reference.
(b) No exposure stormwater discharges. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is ''no exposure'' of industrial materials and activities to stormwater and the discharger satisfies the conditions in 40 CFR 122.26(g). A facility or activity with no stormwater discharges associated with industrial activity may qualify for a conditional exclusion from a permit, provided that the facility or activity does not discharge to a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards). To qualify for the conditional exclusion from a permit, the responsible person shall complete, sign and submit to the Department a ''No Exposure Certification'' at least once every 5 years in lieu of a permit application.
(c) Municipal separate storm sewer systems. The operator of a discharge from a large, medium or small municipal separate storm sewer shall submit in its application the information required to be submitted under 40 CFR Part 122 (relating to EPA administered programs: the National Pollutant Discharge Elimination System). Permits for discharges from municipal separate storm sewer systems are not eligible for a ''no exposure'' conditional exclusion from a permit under subsection (b).
(d) Stormwater discharges associated with construction activity. Applicants for individual NPDES permits for the discharge of stormwater associated with construction activity shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(g)(7) (relating to application for a permit (applicable to State programs, see 123.25)) and 122.26(c)(1). In addition, stormwater dischargers shall submit information required in Chapter 102 (relating to erosion and sediment control) as appropriate. Permits for stormwater discharges associated with construction activity are not eligible for a ''no exposure'' conditional exclusion from a permit under subsection (b).
§ 92a.35. Silviculture activities.
The provisions of 40 CFR 122.27 (relating to silvicultural activities (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
§ 92a.36. Cooling water intake structures.
(a) The provisions of 40 CFR 125.80—125.89 (relating to requirements applicable to cooling water intake structures for new facilities under section 316(b) of the Federal Act) are incorporated by reference.
(b) The location, design, construction and capacity of cooling water intake structures, in connection with a point source, must reflect the BTA for minimizing adverse environmental impacts in accordance with the State Act and section 316(b) of the Federal Act (33 U.S.C.A § 1326(b)).
(c) The Department will determine if a facility with a cooling water intake structure reflects the BTA for minimizing adverse environmental impacts based on a site-specific evaluation.
§ 92a.37. New sources and new discharges.
The provisions of 40 CFR 122.29 (relating to new sources and new dischargers) are incorporated by reference.
§ 92a.38. Department action on NPDES permit applications.
(a) The Department will not issue an NPDES permit unless the application is complete and the documentation submitted meets the requirements of this chapter. The applicant, through the application and its supporting documentation, shall demonstrate that the application is consistent with:
(1) Plans approved by the Department under the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1—750.20), wastewater facility capabilities, service areas, selected alternatives and any adverse effects on the environment of reasonably foreseeable future development within the area of the project resulting from construction of the wastewater facility.
(2) Other applicable statutes and regulations administered by the Commonwealth, Federal environmental statutes and regulations, and if applicable, river basin commission requirements created by interstate compact.
(3) Standards established for the wastewater facilities through permits to implement the requirements of 40 CFR Parts 122, 123, 124 (relating to EPA administered permit programs the National Pollutant Discharge Elimination System; State program requirements; and procedured for decision making) and the Federal Act.
(b) The Department will consider local and county comprehensive plans and zoning ordinances developed pursuant to the Pennsylvania Municipalities Planning Code (53 P. S. § 10101—70105) when evaluating NPDES permit applications, provided that the plans are not preempted by State law. The Department may use the plans and ordinances as a basis to support actions on applications, including determining appropriate permit conditions and limitations, and whether or not to issue an NPDES permit.
Subchapter C. PERMITS AND
PERMIT CONDITIONSSec.
92a.41. Conditions applicable to all permits. 92a.42. Additional conditions applicable to specific categories of NPDES permits. 92a.43. Establishing permit conditions. 92a.44. Establishing limitations, standards, and other permit conditions. 92a.45. Calculating NPDES permit conditions. 92a.46. Site specific permit conditions. 92a.47. Sewage permit. 92a.48. Industrial waste permit. 92a.49. CAFO. 92a.50. CAAP. 92a.51. Schedules of compliance. 92a.52. Variances. 92a.53. Documentation of permit conditions. 92a.54. General permits. 92a.55. Disposal of pollutants into wells, into POTW or by land application. § 92a.41. Conditions applicable to all permits.
(a) Unless indicated otherwise in this section, NPDES permits must include the permit conditions specified in 40 CFR 122.41(a)—(m) (relating to conditions applicable to all permits applicable to State programs, see 123.25) including the following:
(1) Duty to comply.
(2) Duty to reapply.
(3) Need to halt or reduce activity not a defense.
(4) Duty to mitigate.
(5) Proper operation and maintenance.
(6) Permit actions.
(7) Property rights.
(8) Duty to provide information.
(9) Inspection and entry.
(10) Monitoring and records.
(11) Signature requirements.
(12) Reporting requirements.
(13) Bypass.
(b) The immediate notification requirements of § 91.33 (relating to incidents causing or threatening pollution) supersede the reporting requirements of 40 CFR 122.41 (l)(6).
(c) The discharger may not discharge floating materials, oil, grease, scum, sheen and substances that produce color, taste, odors, turbidity or settle to form deposits.
§ 92a.42. Additional conditions applicable to specific categories of NPDES permits.
The provisions of 40 CFR 122.42 (relating to additional conditions applicable to specific categories of NPDES permits (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
§ 92a.43. Establishing permit conditions.
The provisions of 40 CFR 122.43 (relating to establishing permit conditions (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
§ 92a.44. Establishing limitations, standards, and other permit conditions.
The provisions of 40 CFR 122.44 (relating to establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
§ 92a.45. Calculating NPDES permit conditions.
The provisions of 40 CFR 122.45 (relating to calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)) are incorporated by reference.
§ 92a.46. Site-specific permit conditions.
The Department may establish and include in an NPDES permit, any permit condition, as needed on a case-by-case basis, to assure protection of surface waters. These conditions may include a requirement to identify and implement the following:
(1) BMPs reasonably necessary to achieve effluent limitations or standards or to carry out the purpose and intent of the Federal Act.
(2) Toxic reduction activities, effluent limitations based on WETT, and other measures that eliminate, or substantially reduce releases of pollutants at their source.
§ 92a.47. Sewage permit.
(a) Sewage, except that discharged from a CSO that is in compliance with subsection (d), shall be given a minimum of secondary treatment. Secondary treatment for sewage is that treatment that includes significant biological treatment and accomplishes the following:
(1) Monthly average discharge limitation for BOD5 and TSS may not exceed 30 milligrams per liter. If CBOD5 is specified instead of BOD5 the limitation may not exceed 25 milligrams per liter.
(2) Weekly average discharge limitation for BOD5 and TSS may not exceed 45 milligrams per liter. If CBOD5 is specified instead of BOD5 the limitation may not exceed 40 milligrams per liter.
(3) On a concentration basis, the monthly average percent removal of BOD5 or CBOD5, and TSS, must be at least 85% for POTW facilities.
(4) From May through September, a monthly average discharge limitation for fecal coliform of 200/100 mL as a geometric mean and an instantaneous maximum effluent limitation not greater than 1,000/100 mL
(5) From October through April, a monthly average discharge limitation for fecal coliform of 2000/100 mL as a geometric mean and an instantaneous maximum effluent limitation not greater than 10,000/100 mL.
(6) Provision for the disposal or beneficial use of sludge in accordance with applicable Department regulations.
(7) Compliance with § 95.2(1)—(3) (relating to quality standards and oil-bearing wastewaters).
(8) Compliance with § 92a.48 (b) (relating to industrial waste permit) if chlorine is used.
(b) Sewage, except that discharged from a CSO that is in compliance with subsection (d), or that discharged from a small flow treatment facility, shall be given a minimum of tertiary treatment if either of the following apply:
(1) The discharge from a new source, new discharger, or expanding facility or activity is to a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards), or to a surface water or location for which the first intersected perennial stream is classified as a High Quality Water or an Exceptional Value Water.
(2) The discharge from a facility or activity affects surface waters of this Commonwealth not achieving water quality standards, with the impairment attributed at least partially to point source discharges of treated sewage.
(c) Tertiary treatment for sewage is that treatment that meets all of the requirements of secondary treatment, and also accomplishes the following:
(1) Monthly average discharge limitation for CBOD5 and TSS may not exceed 10 milligrams per liter.
(2) Monthly average discharge limitation for total nitrogen may not exceed 8 milligrams per liter.
(3) Monthly average discharge limitation for ammonia nitrogen may not exceed 3 milligrams per liter.
(4) Monthly average discharge limitation for total phosphorus may not exceed 1 milligram per liter.
(5) Dissolved oxygen must be 6 milligrams per liter or greater at all times.
(6) Seasonal modifiers may not be applied for tertiary treatment.
(d) Dischargers of sewage from a CSO shall implement, as approved by the Department, nine minimum controls (NMCs) and a long-term control plan (LTCP) to minimize or eliminate the CSO discharge impact on the water quality of the receiving surface water.
(e) Discharges from an SSO are prohibited.
(f) When pollutants contributed by indirect dischargers result in interference or pass through, and a violation is likely to recur, a permittee shall develop and implement specific local limits for indirect dischargers 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.
(g) POTWs that serve indirect dischargers shall give notice to the Department in accordance with 40 CFR 122.42(b) (relating to additional conditions applicable to specific categories of NPDES permits (applicable to State NPDES programs, see 123.25)).
§ 92a.48. Industrial waste permit.
(a) Industrial waste regulated by this chapter must meet the following requirements:
(1) EPA-promulgated effluent limitation guidelines established under section 304(b) of the Federal Act (33 U.S.C.A. § 1314(b)).
(2) Compliance with § 95.2 (relating to quality standards and oil-bearing wastewater standards).
(3) For those industrial categories for which no effluent limitations have been established under paragraph (1), Department-developed technology-based limitations established in accordance with 40 CFR 125.3 (relating to technology-based treatment requirements in permits).
(4) For facilities discharging conventional pollutants in industrial waste, the monthly average discharge limitation for BOD5 and TSS may not exceed 60 milligrams per liter. If CBOD5 is specified instead of BOD5, the limitation may not exceed 50 milligrams per liter. More stringent limits may apply based on the requirements of § 92a.12 (relating to treatment requirements).
(b) For facilities or activities using chlorination, the following apply:
(1) If the EPA adopts a National categorical ELG promulgating limits for Total Residual Chlorine (TRC) or free available chlorine for a specific industry or activity under section 301 or 304(b) of the Federal Act (33 U.S.C.A. §§ 1311 and 1314(b)), that ELG constitutes BAT for the industry or activity. If the EPA has not promulgated a National ELG for TRC or free available chlorine for an industry or activity, the Department may develop a facility-specific BAT effluent limitation for TRC. Factors, which will be considered in developing a facility-specific BAT effluent limitation, include the following:
(i) The age of equipment and facilities involved.
(ii) The engineering aspects of the application of various types of control techniques and alternatives to the use of chlorine or reductions in the volume of chlorine used during the disinfection process.
(iii) The cost of achieving the effluent reduction.
(iv) Nonwater quality environmental impacts (including energy requirements).
(v) Other factors the Department deems appropriate.
(2) For facilities where the EPA has not promulgated a National ELG setting forth limits for TRC or free available chlorine for an industry or activity, and the Department has not developed a facility-specific BAT effluent limitation for TRC under the factors in paragraph (1), an effluent limitation for TRC of 0.5 milligrams per liter (30-day average) constitutes BAT.
(3) Facilities using chlorination that discharge to an Exceptional Value Water, or to a High Quality Water where economic or social justification under § 93.4c(b)(1)(iii) (relating to implementation of antidegradation requirements) has not been demonstrated under applicable State or Federal law or regulations, shall discontinue chlorination or dechlorinate their effluents prior to discharge into the waters.
§ 92a.49. CAFO.
NPDES permits for each CAFO must include, but are not limited to, conditions requiring the following:
(1) Compliance with the Nutrient Management Plan, the Preparedness, Prevention and Contingency Plan and the Erosion and Sediment Control Plan.
(2) A separate NPDES permit for stormwater discharges associated with a construction activity meeting the requirements of Chapter 102 (relating to erosion and sediment control) when applicable.
(3) Compliance with 3 Pa.C.S. Chapter 23 (relating to the Domestic Animal Law).
(4) Compliance with § 91.36 (relating to pollution control and prevention at agricultural operations).
(5) Recordkeeping and reporting requirements as described in the permit.
(6) When applicable, effluent limitations and other conditions as required under § 92a.12 (relating to treatment requirements) to meet water quality standards, for treated wastewater discharges.
(7) Measures necessary to prevent the discharge to surface water from storage of raw materials such as feed and supplies, which are not otherwise included in the nutrient management plan.
§ 92a.50. CAAP.
(a) For discharges from a CAAP into a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards), the requirements of § 93.4c (relating to implementation of antidegradation requirements) apply.
(b) Each discharger shall prepare and implement a BMP plan that addresses:
(1) Solids and excess feed management and removal.
(2) Proper facility operation and maintenance.
(3) Nonnative species loss prevention.
(4) Facility personnel training.
(5) Removal, handling and disposal/utilization of bio-residual solids (sludge).
(c) Permittees shall report any investigational/therapeutic drugs usage as follows:
(1) For investigational/new drugs, the permittee shall provide the Department with an oral notification within 7 days of initiating application of the drug, and a New Drug Usage Report shall be filed monthly.
(2) Changes in or increases in usage rates shall be reported to the Department through both oral notification and written report on the Drug Usage Report Form, quarterly.
(d) Products or chemicals that contain any carcinogenic ingredients are prohibited, except that limited use of those chemicals may be permitted provided that the permittee shall:
(1) Thoroughly investigate the use of alternative chemicals.
(2) Demonstrate that no suitable alternatives are available.
(3) Demonstrate through sampling or calculation that any carcinogen in the proposed chemical will not be detectable in the final effluent, using the most sensitive analytic method available.
§ 92a.51. Schedules of compliance.
(a) With respect to an existing discharge that is not in compliance with the water quality standards and effluent limitations or standards in § 92a.44 or § 92a.12 (relating to establishing limitations, standards and other permit conditions; and treatment requirements), the applicant shall be required in the permit to take specific steps to remedy a violation of the standards and limitations in accordance with a legally applicable schedule of compliance, in the shortest, reasonable period of time, the period to be consistent with the Federal Act. Any schedule of compliance specified in the permit must require compliance with final enforceable effluent limitations as soon as practicable, but in no case longer than 3 years, unless the EHB or any other court of competent jurisdiction issues an order allowing a longer time for compliance.
(b) If the period of time for compliance specified in subsection (a) exceeds 1 year, a schedule of compliance will be specified in the permit that will set forth interim requirements and the dates for their achievement. If the time necessary for completion of the interim requirement such as the construction of a treatment facility is more than 1 year and is not readily divided into stages for completion, interim dates will be specified for the submission of reports of progress towards completion of the interim requirement. For each NPDES permit schedule of compliance, interim dates and the final date for compliance must, to the extent practicable, fall on the last day of the months of March, June, September and December.
(c) Either before or up to 14 days following each interim date and the final date of compliance, the permittee shall provide the Department with written notice of the permittee's compliance or noncompliance with the interim or final requirement.
§ 92a.52. Variances.
Any new or amended Federal regulation enacted after November 18, 2000, which creates a variance to existing NPDES permitting requirements is not incorporated by reference.
§ 92a.53. Documentation of permit conditions.
The Department will prepare a fact sheet on the derivation of the effluent limitations or other conditions and the reasons for the conditions of the draft or final permit, or both. The fact sheet will include:
(1) A brief description of the type of facility or activity being permitted.
(2) The type and quantity of wastewater or pollutants evaluated in the permit.
(3) Documentation that the applicable effluent limitations and standards including a citation of same are considered in development of the draft permit.
(4) Documentation that applicable water quality standards will not be violated.
(5) A brief summary of the basis for the draft permit limitations and conditions including references to applicable statutory or regulatory provisions.
§ 92a.54. General permits.
(a) Coverage and purpose. The Department may issue a general permit, in lieu of issuing individual 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 that—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 surface waters.
(6) Are more appropriately controlled under a general permit than under individual permits, in the opinion of the Department.
(7) Individually and cumulatively do not have the potential to cause significant adverse environmental impact.
(8) Do not discharge to a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards).
(b) Administration of general permits. General permits may be issued, amended, suspended, revoked, reissued or terminated under this chapter. Issuance of a general permit does not exempt a person from compliance with this title. General permits have a fixed term not to exceed 5 years.
(c) Department specification. The Department may specify in the general permit that an eligible person who has submitted a timely and complete NOI 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 NOI by the Department as specified in the general permit.
(2) Upon receipt of notification of approval of coverage under a general 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.
(e) Denial of coverage. The Department will deny coverage under a general permit 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 one or more 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 an applicable effluent limitation or water quality standard.
(7) Other point sources at the facility require issuance of an individual permit, and issuance of both an individual and a general 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 a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93.
(f) Requiring an individual permit. The Department may revoke or terminate coverage under a general permit, and require the point source discharger to apply for and obtain an individual permit for any of the reasons in subsection (e). An interested person may petition the Department to take action under this subsection. Upon notification by the Department under this subsection that an individual 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 permit. Failure to submit the application within 90 days will result in automatic termination of coverage of the applicable point sources under the general permit. Timely submission of a complete application will 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.
(g) Action of the Department. Action of the Department denying coverage under a general permit under subsection (e), or requiring an individual permit under subsection (f), is not a final action of the Department until the discharger submits and the Department takes final action on an individual permit application.
(h) Termination of general permit. When an individual permit is issued for a point source that is covered under a general permit, the applicability of the general permit to that point source is automatically terminated on the effective date of the individual permit.
(i) 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 § 92a.23 (relating to NOI for coverage under an NPDES general permit). If the NOI is acceptable, the Department will revoke the individual permit and notify the source that it is covered under the general permit.
§ 92a.55. Disposal of pollutants into wells, into POTW or by land application.
The provisions of 40 CFR 122.50 (relating to disposal of pollutants into wells, into publicly owned treatment works or by land application) are incorporated by reference.
Subchapter D. MONITORING AND ANNUAL FEES Sec.
92a.61. Monitoring. 92a.62. Annual fees. § 92a.61. Monitoring.
(a) The provisions of 40 CFR 122.48 (relating to requirements for recording and reporting of monitoring results (applicable to State programs, see 123.25)) are incorporated by reference.
(b) The Department may impose reasonable monitoring requirements on any discharge, including monitoring of the intake and discharge flow of a facility or activity, other operational parameters that may affect effluent quality, and of surface waters adjacent to or associated with the intake or discharge flow of a facility or activity. The Department may require submission of data related to the monitoring.
(c) Each person who discharges pollutants may be required to monitor and report all toxic, conventional, nonconventional and other pollutants in its discharge, at least once a year, and on a more frequent basis if required by a permit condition. The monitoring requirements will be specified in the permit.
(d) Except for stormwater discharges subject to the requirements of subsection (h), a discharge authorized by an NPDES permit that is not a minor discharge or contains toxic pollutants for which an effluent standard has been established by the Administrator under section 307(a) of the Federal Act (33 U.S.C.A. § 1317(a)) shall be monitored by the permittee for at least the following:
(1) Flow (in GPD MGD).
(2) Pollutants (either directly or indirectly through the use of accepted correlation coefficients or equivalent measurements) that are subject to abatement under the terms and conditions of the permit.
(3) Pollutants that the Department finds, on the basis of information available to it, could have an impact on the quality of this Commonwealth's waters or the quality of waters in other states.
(4) Pollutants specified by the Administrator in regulations issued under the Federal Act as subject to monitoring.
(5) Pollutants in addition to those in paragraphs (2)—(4) that the Administrator requests in writing to be monitored.
(e) Each effluent flow or pollutant required to be monitored under subsections (c) and (d) shall be monitored at intervals sufficiently frequent to yield data that reasonably characterize the nature of the discharge of the monitored effluent flow or pollutant. Variable effluent flows and pollutant levels shall be monitored at more frequent intervals than relatively constant effluent flows and pollutant levels that may be monitored at less frequent intervals.
(f) The permittee shall maintain records of the information resulting from any monitoring activities required of it in its NPDES permit as follows:
(1) Records of monitoring activities and results must include for all samples:
(i) The date, exact place and time of sampling.
(ii) The dates analyses were performed.
(iii) Who performed the analyses.
(iv) The analytical techniques/methods used.
(v) The results of the analyses.
(2) The permittee shall also be required to retain for a minimum of 3 years any records of monitoring activities and results including all original strip chart recordings for continuous monitoring instrumentation and calibration and maintenance records. This period of retention may be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Department or the Administrator.
(g) The permittee shall periodically report, at a frequency of at least once per year, using a format or process established by the Department, results obtained by a permittee pursuant to monitoring requirements. In addition to these results, the Department may require submission of other information regarding monitoring results it determines to be necessary.
(h) Requirements to report monitoring results from stormwater discharges associated with industrial activity, except those subject to an effluent limitation guideline or an NPDES general permit, will be established in a case-by-case basis with a frequency dependent on the nature and effect of the discharge.
(i) The monitoring requirements under this section must be consistent with any National monitoring, recording and reporting requirements specified by the Administrator in regulations issued under the Federal Act.
(j) The Department may require that the permittee perform additional sampling for limited periods for the purpose of TMDL development, or for other reasons that the Department determines are appropriate.
§ 92a.62. Annual fees.
(a) Permittees shall pay an annual fee to the Commonwealth. The annual fee must be for the amount indicated in the following schedule and is due on each anniversary of the effective date of the permit. All flows listed in this section are design flows.
(b) Annual fees for individual NPDES permits for discharges of domestic sewage are:
SRSTP $0 Small flow treatment facility $0 Minor facility < 50,000 GPD $250 Minor facility >= 50,000 GPD < 1 MGD $500 Minor facility with CSO $750 Major facility >= 1 MGD <5 MGD $1,250 Major facility >= 5 MGD $2,500 Major facility with CSO $5,000 (c) Annual fees for individual NPDES permits for discharges of industrial waste are:
Minor facility not covered by an ELG $500 Minor facility covered by an ELG $1,500 Major facility < 250 MGD $5,000 Major facility >= 250 MGD $25,000 Stormwater $1,000 (d) Annual fees for individual NPDES permits for other facilities or activities are:
CAFO $0 CAAP $0 MS4 $500 Mining activity $0
(e) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.
Subchapter E. TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, TERMINATION OF PERMITS, REISSUANCE OF EXPIRING PERMITS AND CESSATION OF DISCHARGE Sec.
92a.71. Transfer of permits. 92a.72. Modification or revocation and reissuance of permits. 92a.73. Minor modification of permits. 92a.74. Termination of permits. 92a.75. Reissuance of expiring permits. 92a.76. Cessation of discharge. § 92a.71. Transfer of permits.
(a) The provisions of 40 CFR 122.61 (relating to transfer of permits (applicable to State programs, see 123.25)) are incorporated by reference.
(b) A new permittee shall be in compliance with existing Department issued permits, regulations, orders and schedules of compliance, or demonstrate 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 § 92a.51 (relating to schedules of compliance) and other appropriate Department regulations.
§ 92a.72. Modification or revocation and reissuance of permits.
The provisions of 40 CFR 122.62 (relating to modification or revocation and reissuance of permits (applicable to State programs, see 123.25)) are incorporated by reference.
§ 92a.73. Minor modification of permits.
The provisions of 40 CFR 122.63 (relating to minor modification of permits) are incorporated by reference.
§ 92a.74. Termination of permits.
The provisions of 40 CFR 122.64 (relating to termination of permits (applicable to State programs, see 123.25)) are incorporated by reference.
§ 92a.75. Reissuance of expiring permits.
(a) A permittee who wishes to continue to discharge after the expiration date of its NPDES permit shall submit an application for reissuance of the permit at least 180 days prior to the expiration of the permit unless permission has been granted for a later date by the Department. The application fees specified in § 92a.28 (relating to application fees) apply.
(b) Upon completing review of the application, the Department may administratively extend a permit for a minor facility for a maximum of 5 years if, based on up-to-date information on the permittee's waste treatment practices and the nature, contents and frequency of the permittee's discharge, the Department determines that:
(1) The permittee is in compliance with existing Department-issued permits, regulations, orders and schedules of compliance, or that any noncompliance with an existing permit has been resolved by an appropriate compliance action.
(2) No changes in Department regulations have occurred since the permit was issued or reissued that would affect the effluent limitations or other terms and conditions of the existing permit.
(c) Alternatively, the Department may reissue a permit if, based on up-to-date information on the permittee's waste treatment practices and the nature, contents and frequency of the permittee's discharge, the Department determines that:
(1) The permittee is in compliance with all existing Department-issued permits, regulations, orders and schedules of compliance, or that any noncompliance with an existing permit has been resolved by an appropriate compliance action.
(2) The discharge is, or will be under a compliance schedule issued under § 92a.51 (relating to schedules of compliance) and other applicable regulations, consistent with the applicable water quality standards, effluent limitations or standards and other legally applicable requirements established under this title, including revisions or modifications of the standards, limitations and requirements that may have occurred during the term of the existing permit.
§ 92a.76. 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. The 90-day notice is not required to cease mining activities and related discharges that are terminated in accordance with procedures for mine reclamation and bond release established in §§ 86.170—86.175 (relating to release of bonds) or §§ 77.241—77.243 (relating to release of bonds).
Subchapter F. PUBLIC PARTICIPATION Sec.
92a.81. Public access to information. 92a.82. Public notice of permit application and draft permits. 92a.83. Public notice of public hearing. 92a.84. Public notice of general permits. 92a.85. Notice to other government agencies. 92a.86. Notice of issuance or final action on a permit. 92a.87. Notice of reissuance of permits. 92a.88. Notice of appeal. § 92a.81. Public access to information.
(a) NPDES forms and public comments will be available to the public for inspection and copying.
(b) Information relating to NPDES permits, not determined to be confidential under § 92a.8 (relating to confidentiality of information), may be inspected at the Department office processing the information. Copying facilities and services will be available for a reasonable fee, or other arrangements for copying may be made with the Department office.
§ 92a.82. Public notice of permit applications and draft permits.
(a) Public notice of every complete application for an NPDES permit will be published in the Pennsylvania Bulletin. The contents of public notice of applications for NPDES permits will include at least the following:
(1) The name and address, including county and municipality, of each applicant.
(2) The permit number and type of permit applied for.
(3) The stream name of the waterway to which each discharge is proposed.
(4) The address of the State or interstate agency premises at which interested persons may obtain further information, request a copy of the NPDES forms and related documents.
(b) A public notice of every new draft individual permit, or major amendment to an individual permit, will be published in the Pennsylvania Bulletin. This public notice will also be posted by the applicant near the entrance to the premises of the applicant, and at the facility or location where the discharge exists, if the facility or location is remote from the premises of the applicant. The contents of public notice for draft NPDES permits will include at least the following in addition to those specified in subsection (a):
(1) A brief description of each applicant's activities or operations that result in the discharge described in the application.
(2) The name and existing use protection classification of the receiving surface water under § 93.3 (relating to protected water uses) 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.
(3) 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 that will have a significant impact upon the discharge described in the application.
(4) The rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow in GPD or MGD.
(5) A brief description of the procedures for making 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.
(c) The provisions of 40 CFR 124.57(a) (relating to public notice) shall be followed when there is a Section 316(a) request for a thermal discharge.
(d) There will be a 30-day period following publication of notice under subsection (b) during which written comments may be submitted by interested persons before the Department makes its final determinations. Written comments submitted during the 30-day comment period will be retained by the Department and considered in making the final determinations. 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 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 filed within the 30-day period allowed for filing of written comments must 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. 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) The Department will prepare and send to any person, upon request, following public notice of draft permit, a fact sheet with respect to the draft permit described in the public notice. The contents of the fact sheet will include at least the information contained in § 92a.53 (relating to documentation of permit conditions).
§ 92a.83. Public notice of public hearing.
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.
§ 92a.84. Public notice of general permits.
(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.
(b) 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 determinations. Written comments submitted during the 30-day comment period will be retained by the Department and considered in making the final determinations. 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 any interested person or group of persons, any affected State, any affected interstate agency, the Administrator or any interested agency, to request or petition for a public hearing with respect to the proposed general permit. The request or petition for public hearing, which must be filed within the 30-day period allowed for filing of written comments, 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.
(c) Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit. The notice of availability will indicate whether it will provide one of the following:
(1) Notice in the Pennsylvania Bulletin of each NOI under an applicable general permit, and of each approval for coverage under a general permit.
(2) Notice of every approval of coverage only.
§ 92a.85. 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 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 application and draft permits), transmit to any 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 must have the same opportunity to submit recommendations and to receive explanations in paragraph (2).
§ 92a.86. Notice of issuance or final action on a permit.
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.
§ 92a.87. Notice of reissuance of permits.
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. Notice of administrative extensions will be accomplished under § 92a.82(a) (relating to public notice of permit applications and draft permits).
§ 92a.88. Notice of appeal.
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.
Subchapter G. PERMIT COORDINATION WITH THE ADMINISTRATOR Sec.
92a.91. NPDES forms. 92a.92. Decision on variances. 92a.93. Administrator's right to object to issuance or modification of certain permits. 92a.94. Reports of violations. § 92a.91. NPDES forms.
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.
§ 92a.92. Decision on variances.
The provisions of 40 CFR 124.62(a)(3), (e)(1) and (f) (relating to decision on variances) are incorporated by reference.
§ 92a.93. Administrator's right to object to the issuance or modification of certain permits.
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.
§ 92a.94. 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 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.
Subchapter H. CIVIL PENALTIES FOR VIOLATIONS OF NPDES PERMITS Sec.
92a.101. Applicability. 92a.102. Method of seeking civil penalty. 92a.103. Procedure for civil penalty assessments. 92a.104. Disbursement of funds pending resolution of appeal. § 92a.101. Applicability.
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)).
§ 92a.102. 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 § 92a.103 (relating to procedure for civil penalty assessments).
§ 92a.103. 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 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.
§ 92a.104. 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 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.
[Pa.B. Doc. No. 10-276. Filed for public inspection February 12, 2010, 9:00 a.m.]
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