[30 Pa.B. 521]
[Continued from previous Web Page] Compliance Costs
Except for § 91.35 relating to wastewater impoundments at agricultural operations, the amendments do not create any substantive new regulatory requirements. Rather, they eliminate unnecessary existing requirements, combine related regulations from several different chapters into one chapter and clarify existing text.
With respect to the provisions relating to wastewater impoundments at agricultural operations with over 1,000 animal equivalent units, it is estimated that the cost of compliance will be $77,500 per year. Agricultural operations proposing manure storage facilities to serve CAFOs with greater than 1,000 AEUs will experience a cost increase of $15,500 per facility. The $15,000 is an estimate that was provided by an industry representative as the additional cost of excavation and liners for additional 1-foot of freeboard required by the new regulations. The $500 is the permit review fee charged by the Department. There have only been five proposals this year for this type of CAFO. The actual number of applicants per year is unknown.
Compliance Assistance Plan
The Department is developing a compliance assistance plan for CAFOs to bring existing operations into compliance with the Department's CAFO Strategy. A draft of this compliance plan will be published for public comment prior to finalization.
Paperwork Requirements
The paperwork requirements might be reduced for activities which would be covered by general permits which could be issued under the provisions of § 91.27. Additional paperwork might be required in the case of applicants for a water quality management permit being required to submit information regarding pollution prevention activities under § 91.6. A new CAFO water quality management part II permit has been developed for new or modified CAFOs housing more than 1,000 AEUs. It is estimated that less than 10 facilities per year would use these forms. A copy of this document is available from the contact persons listed in Section B of this Preamble.
G. Pollution Prevention
Pollution prevention approaches to environmental management often provide environmentally sound and longer-term solutions to environmental protection because pollution is prevented at the source. Pollution prevention is defined by the EPA as measures taken to avoid or reduce the generation of all types of pollution--solid/hazardous waste, wastewater discharges and air emissions--at their point of origin; however, it does not include activities undertaken to treat, control or dispose of pollution once it is created. The Federal Pollution Prevention Act of 1990 established a National policy and environmental management hierarchy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The hierarchy is as follows:
a. Pollution should be prevented or reduced at the source.
b. Pollution that cannot be prevented should be recycled in an environmentally safe manner whenever feasible.
c. Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible to render it less hazardous, toxic or harmful to the environment.
d. Disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.
The short- and long-term health of the economy of this Commonwealth depends on clean air, pure water and the preservation of the natural, scenic, historic and aesthetic values of the environment. The Commonwealth spends over $1 billion per year in efforts to control pollutants through regulation of both industrial point discharges and nonpoint sources. To meet the Commonwealth's economic development and environmental protection goals successfully, the Commonwealth needs to adopt programs that not only protect the environment, but also significantly reduce costs and increase the competitiveness of the regulated community. When pollution is prevented up front, it can reduce a company's bottom line costs and overall environmental liabilities often by getting the company out of the regulatory loop. It can also get the Department out of the business of regulating pollution that may not need to be generated in the first place.
In keeping with Governor Ridge's interest in encouraging pollution prevention solutions to environmental problems, these final-form regulations incorporated the following provisions and incentives to meet that goal:
Definitions of ''pollution prevention'' and ''pollution prevention measures'' were added to § 91.1.
Regulations currently in § 97.14 (relating to measure to be used) were transferred to new § 91.6 and was renamed ''pollution prevention'' to more clearly identify its intent. In addition, language was added to provide some guidance regarding the consideration of pollution prevention measures.
Section 91.11 was revised to include a discussion of pollution prevention as an alternative to treating wastes.
Section 91.13 was revised to emphasize that pollution prevention is a key factor to be used when options to abate pollution are being considered by a permittee.
Section 91.34 requires any person engaged in an activity involving the use of a pollutant to submit a report or plan describing the nature of the preventative measures to be taken to keep these pollutants from the waters of this Commonwealth. It also provides management for the use of pollution prevention measures.
H. Sunset Review
This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 12, 1997, the Department submitted a copy of the proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In compliance with section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC and the public. These comments are addressed in the comment and response document and Section E of this Preamble. The Committees did not provide comments on the proposed rulemaking.
These final-form regulations were deemed approved by the House Environmental Resources and Energy Committee on October 12, 1999, and were deemed approved by the Senate Environmental Resources and Energy Committee on October 21, 1999. IRRC met on October 21, 1999, and approved the final-form regulations in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.5a(e)).
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments received during the public comment period for the proposed rulemaking were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 27 Pa.B. 4343.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
K. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 91, 97 and 101, are amended by amending §§ 91.1, 91.11--91.15, 91.21, 91.22, 91.25, 91.27, 91.31--91.33; adding §§ 91.6, 91.27, 91.34--91.38 and 91.51 and 91.52 and deleting §§ 97.14, 97.61, 97.71--97.76, 101.1--101.6 and 101.8 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of the Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication.
JAMES M. SEIF,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 5777 (November 6, 1999).)
Fiscal Note: Fiscal Note 7-323 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25 ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subject C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 91. GENERAL PROVISIONS
GENERAL § 91.1. Definitions.
The definitions in section 1 of the act of June 22, 1937 (P. L. 187, No. 394) (35 P. S. § 691.1) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
Act--The Clean Streams Law (35 P. S. §§ 691.1--691.801).
Agricultural operations--The management and use of farming resources for the production of crops, livestock or poultry as defined in section 3 of the Nutrient Management Act (3. P. S. § 1703).
Animal equivalent unit--One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit, as defined in section 3 of the Nutrient Management Act.
Application--The Department's form for requesting approval to construct and operate a wastewater collection, conveyance or treatment facility under a new water quality management permit, or the modification, revision or transfer of an existing water quality management permit.
Facility--A structure built to collect, convey or treat wastewater which requires coverage under a water quality management permit.
Federal Act--The Federal Water Pollution Control Act (33 U.S.C.A. §§ 1251--1387).
General water quality management permit or general permit--A water quality management permit that is issued for a clearly described category of wastewater treatment facilities, which are substantially similar in nature.
Manure storage facility--A permanent structure or facility or a portion of a structure or facility, utilized for the purpose of containing manure as defined in § 83.201 (relating to definitions).
NOI--Notice of Intent--A complete form submitted as a request for general water quality management permit coverage.
Operator--A person or other legal entity responsible for the operation or maintenance of a facility or activity subject to this chapter.
Owner--The person or other legal entity holding legal title to a facility or activity subject to this chapter.
Pollutant--A contaminant or other alteration of the physical, chemical or biological properties of surface water which causes or has the potential to cause pollution as defined in section 1 of the act (35 P. S. § 691.1).
Pollution prevention--Source reduction and other practices (for example, direct reuse or in-process recycling) that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources, or protection of natural resources by conservation.
Pollution prevention measures--Practices that reduce the use of hazardous materials, energy, water or other resources and that protect natural resources and human health through conservation, more efficient use, or effective pollutant release minimization prior to reuse, recycling, treatment or disposal.
Schedule of compliance--A schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with effluent limitations, other limitations, prohibitions or standards.
Single residence sewage treatment plant--A system of piping, tanks or other facilities serving a single family residence located on a single family residential lot which collects, disposes and treats solely direct or indirect sewage discharges from the residences into waters of this Commonwealth.
Stormwater--Runoff from precipitation, snow melt runoff and surface runoff and drainage.
Wastewater impoundment--A depression, excavation or facility situated in or upon the ground, whether natural or artificial and whether lined or unlined, used to store wastewater including sewage, animal waste or industrial waste.
Water quality management permit--A permit or equivalent document (Part II Permit) issued by the Department to authorize one of the following:
(i) The construction, erection and location of a wastewater collection, conveyance or treatment facility.
(ii) A discharge of wastewater to groundwaters of this Commonwealth.
§ 91.6. Pollution prevention.
The Department will encourage pollution prevention by providing assistance to the permittee and users of the permittee's facilities in the consideration of pollution prevention measures such as process changes, materials substitution, reduction in volume of water use, in-process recycling and reuse of water, and by general measures of ''good housekeeping'' within the plant or facility. The Department will encourage consideration of the following measures, in descending order of preference, for environmental management of wastes: reuse, recycling, treatment and disposal.
ADMINISTRATION AND ENFORCEMENT § 91.11. Compliance conferences.
(a) The Department will confer with the representatives of organizations required to abate their pollution of the waters of this Commonwealth and offer advice and suggestions regarding possible means for abatement of the pollution in question through pollution prevention measures or treating the waste if pollution prevention is not possible.
(b) One or more conferences will be held in the interests of attaining a better understanding of the pollution problems involved and of expediting solutions to specific pollution problems. If applicable, the conferences will be held prior to the preparation of plans.
§ 91.12. Conference procedure.
(a) Employes of the Department may not act as consulting engineers for a party or recommend the employment of a particular consultant, gather the data for the design of his treatment plant, prepare plans or act as an inspector on the construction of the project.
(b) Employes of the Department will not guarantee directly or by implication the efficacy of a proposed method of pollution abatement.
(c) Employes of the Department shall exercise their best judgment in assisting the party and his engineers, but the responsibility for abating pollution shall rest entirely upon the one causing the pollution.
§ 91.13. Abatement or treatment required.
The Department will require either abatement of the pollution or the submission of a plan and schedule for bringing the source's pollutants into compliance through pollution prevention measures, treatment or other means by a specific date, and shall require progress reports thereon, usually at monthly or bimonthly intervals as the Department will deem appropriate.
§ 91.14. Time for constructing treatment works.
(a) If, in lieu of abatement, a notified party elects to provide waste treatment works and submits plans therefore, the Department, upon approving the plans will set a time within which the treatment works shall be constructed and placed in operation or will notify the party to be prepared to construct the plant upon notice from the Department, depending upon the status of the Department's program of construction for the basin in which the receiving stream lies as specified in § 91.15 (relating to basin-wide compliance).
(b) In some cases, time may be required within which to prepare plans and construct treatment works by a party responsible for stream pollution before abatement can be consummated. The Department, upon application by the party and when in its judgment the public interest warrants, may grant a limited extension of time during which the discharge of waste shall be permitted, if the party responsible therefor continues work on corrective measures.
§ 91.15. Basin-wide compliance.
(a) In general, the Department will require sources of pollutants in a basin, watershed or surface waters as defined in Chapter 93 (relating to water quality standards) to concurrently comply with the water quality standards and protection levels in Chapters 16, 93 and 95 (relating to water quality toxics management strategy--statement of policy; water quality standards; and wastewater treatment requirements).
(b) Notwithstanding subsection (a), if certain sources of pollutants especially affect the public interests, the Department may act to require the abatement of the sources of pollution individually in the general order of degree of adverse effect upon the public interest.
(c) It is the policy of the Department to require concurrent similar action by all parties in the same category with respect to stream pollution.
(d) Each case of pollution will be considered by itself, without reference to other alleged or actual polluters.
APPLICATIONS AND PERMITS § 91.21. Applications for permits.
(a) Applications for approval of projects by the Department shall be made upon the appropriate form, which will be supplied upon request without charge.
(b) Applications shall be in triplicate, one copy of which shall be attested by a notary public, justice of the peace, alderman or district justice. The Department may require additional copies of applications to be filed.
(c) Applications and their accompanying papers shall be submitted to the Department's regional office covering the area where the project will be located.
(d) To qualify for coverage under a general water quality management permit under this chapter, an administratively complete NOI shall be submitted to and approved by the Department in accordance with § 91.27 (relating to general water quality management permit).
§ 91.22. Fees.
(a) Applications for water quality management permits from parties except agencies of the Commonwealth shall be accompanied by a check payable to ''Commonwealth of Pennsylvania,'' in the following amounts:
(1) For applications for single residence sewage treatment plant permits--$25.
(2) For applications for sewer extension permits--$100.
(3) For applications for other water quality management permits--$500.
(b) An NOI for coverage under a general water quality management permit shall be accompanied by a check payable to the ''Commonwealth of Pennsylvania,'' in the amount no greater than $500 as set forth in the public notice for the general water quality management permit as described in § 91.27(b)(1) (relating to general water quality management permit).
§ 91.25. Experimental projects.
If the suitability of a proposed device or method of treatment has not been demonstrated by actual field use in this Commonwealth or another state with similar climatic conditions, only conditional approval will be given to it until the effectiveness of the device or treatment has been demonstrated to the satisfaction of the Department by ample field experience.
§ 91.27. General water quality management permit.
(a) Coverage and purpose. The Department may issue a general water quality management permit, in lieu of issuing individual water quality management permits, for a specific category of wastewater treatment facilities if the wastewater treatment facilities meet the following:
(1) Involve the same, or substantially similar, type of operations.
(2) Treat the same types of wastes.
(3) Require the same operating conditions.
(4) Are, in the judgment of the Department, more appropriately managed under a general permit than under individual permits.
(b) Administration of general permits.
(1) Proposed general permits and amendments. The Department will publish a notice in the Pennsylvania Bulletin of its intent to issue or amend a general permit, including the text of the proposed general permit or amendment, proposed review fees and an opportunity for interested persons to provide written comments on the proposed general permit or amendment in accordance with § 91.16 (relating to notification of actions).
(2) Issuance of general permits. General permits, subsequently issued, will be published in the Pennsylvania Bulletin and include the effective date of the general permit and review fees.
(3) Effective date of a general permit. The Department will specify in the general permit that an applicant who has submitted a timely and complete notice of intent for coverage is authorized to construct, erect and locate a wastewater treatment facility or discharge to groundwaters of this Commonwealth, in accordance with the terms and conditions of the general permit. Coverage under the general permit shall become effective:
(i) After a waiting period following receipt of the notice of intent by the Department as specified in the general permit.
(ii) Upon receipt of notification of coverage by the Department.
(4) Notice of intent for coverage under a general permit. A person who desires to have a wastewater treatment facility covered under a general permit shall submit a notice of intent to the Department in accordance with §§ 91.21 and 91.22 (relating to applications for permits; and fees) and the written instructions of the notice of intent. The Department will review the information provided in the notice of intent for completeness or to determine if the wastewater treatment facility qualifies under the provisions of the general permit except as provided in subsection (c)(1), (2) or (5).
(c) Denial of coverage. The Department may deny coverage under the general permit when one or more of the following conditions exist:
(1) The NOI is not complete or timely.
(2) The applicant has not obtained permits required by Chapter 92 (relating to National Pollutant Discharge Elimination System) when required.
(3) The applicant is not, or will not be, in compliance with one or more of the conditions of the general permit.
(4) The applicant has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a prior permit issued by the Department.
(5) The treatment facility proposed for coverage under the general permit is not capable of treating wastewater to a degree which will result in compliance with applicable effluent limitations and water quality standards as described in Chapter 93 (relating to water quality standards).
(6) The Department determines that the action is necessary to ensure compliance with the Federal Act, the act or this title.
(d) Requiring an individual permit. The Department may revoke, or suspend coverage under a general water quality management permit, and require that an individual water quality management permit be obtained when the permittee has violated one or more of the conditions of the general permit or has violated a provision of this title. Upon notification by the Department that an individual water quality management permit is required for the facility, the owner shall submit a complete water quality management permit application, in conformance with this chapter, within 90 days of receipt of the notification, unless the owner is already in possession of a valid individual water quality management permit for the applicable functions. Failure to submit the application within 90 days shall result in automatic termination of coverage under the general permit. Timely submission of a complete application shall result in continuation of coverage of the applicable facilities under the general permit, when the facility demonstrates that it has undertaken efforts to address the reasons for the revocation or suspension of coverage, until the Department takes final action on the pending individual permit application.
(e) Termination of coverage under a general permit. When an individual water quality management permit is issued for a facility which is covered under a general water quality management permit, the applicability of the general permit to that facility is automatically terminated on the effective date of the individual permit.
MANAGEMENT OF OTHER WASTES § 91.31. Wells other than oil and gas.
(a) Each well-drilling operation shall have a sump or other receptacle large enough to receive all drill cuttings, sand bailings, water having a turbidity in excess of 1,000 nephelometric turbidity units (NTU) or other pollutant resulting from the well drilling operations.
(b) Surface water shall be excluded from the sump or receptacle by means of diversion ditches on the uphill sides, or by other appropriate measures.
(c) After completion of the well, the sump or receptacle shall be covered over or otherwise protected or the contents of the receptacle disposed of, so that the contents will not be washed into the waters of this Commonwealth.
(d) Waste oil, coal, spent materials or other pollutants shall be disposed of so that they will not be washed into the waters of this Commonwealth.
§ 91.32. (Reserved).
§ 91.33. Incidents causing or threatening pollution.
(a) If, because of an accident or other activity or incident, a toxic substance or another substance which would endanger downstream users of the waters of this Commonwealth, would otherwise result in pollution or create a danger of pollution of the waters, or would damage property, is discharged into these waters--including sewers, drains, ditches or other channels of conveyance into the waters--or is placed so that it might discharge, flow, be washed or fall into them, it is the responsibility of the person at the time in charge of the substance or owning or in possession of the premises, facility, vehicle or vessel from or on which the substance is discharged or placed to immediately notify the Department by telephone of the location and nature of the danger and, if reasonably possible to do so, to notify known downstream users of the waters.
(b) In addition to the notices in subsection (a), a person shall immediately take or cause to be taken steps necessary to prevent injury to property and downstream users of the waters from pollution or a danger of pollution and, in addition thereto, within 15 days from the incident, shall remove from the ground and from the affected waters of this Commonwealth to the extent required by this title the residual substances contained thereon or therein.
(c) Compliance with this section does not affect the civil or criminal liability to which the person or municipality may be subject as a result of an activity or incident under the act, 30 Pa.C.S. (relating to the Fish and Boat Code) or another statute, ordinance or regulation.
§ 91.34. Activities utilizing pollutants.
(a) Persons engaged in an activity which includes the impoundment, production, processing, transportation, storage, use, application or disposal of pollutants shall take necessary measures to prevent the substances from directly or indirectly reaching waters of this Commonwealth, through accident, carelessness, maliciousness, hazards of weather or from another cause.
(b) The Department may require a person to submit a report or plan for activities described in subsection (a). Upon notice from the Department and within the time specified in the notice, the person shall submit to the Department the report or plan setting forth the nature of the activity and the nature of the preventative measures taken to comply with subsection (a). The Department will encourage the use of pollution prevention measures that minimize or eliminate the generation of the pollutant over measures which involve pollutant handling or treatment. The Department will encourage consideration of the following pollution prevention measures, in descending order of preference, for environmental management of wastes: reuse, recycling, treatment and disposal.
§ 91.35. Wastewater impoundments.
(a) Except as otherwise provided under subsections (c)--(e), a person may not operate, maintain or use or permit the operation, maintenance or use of a wastewater impoundment for the production, processing, storage, treatment or disposal of pollutants unless the wastewater impoundment is structurally sound, impermeable, protected from unauthorized acts of third parties, and is maintained so that a freeboard of at least 2 feet remains at all times. The person owning, operating or possessing a wastewater impoundment has the burden of satisfying the Department that the wastewater impoundment complies with these requirements.
(b) A person owning, operating or in possession of an existing wastewater impoundment containing pollutants, or intending to construct or use a wastewater impoundment, shall promptly submit to the Department a report or plan setting forth the location, size, construction and contents of the wastewater impoundment and other information as the Department may require.
(c) Except when a wastewater impoundment is already approved under an existing permit from the Department, a permit from the Department is required approving the location, construction, use, operation and maintenance of a wastewater impoundment subject to subsection (a) in the following cases:
(1) If a variance is requested from the requirements in subsection (a).
(2) If the capacity of one wastewater impoundment or of two or more interconnected wastewater impoundments exceeds 250,000 gallons.
(3) If the total capacity of polluting substances contained in wastewater impoundments on one tract or related tracts of land exceeds 500,000 gallons.
(4) If the impoundment is a new or expanded manure storage facility at an agricultural operation with more than 1,000 animal equivalent units, regardless of the capacity of the impoundment.
(5) If the Department determines that a permit is necessary for effective regulation to insure that pollution will not result from the use, operation or maintenance of the wastewater impoundment.
(d) The following types of agricultural operations are not subject to subsections (b) and (c) or the freeboard requirements of subsection (a), but shall provide a 12-inch freeboard for all waste storage ponds as defined in the ''Pennsylvania Technical Guide'' and a 6-inch freeboard for all waste storage structures at all times:
(1) An agricultural operation which contains less than 1,001 animal equivalent units.
(2) An agricultural operation in existence prior to January 29, 2000, and designed in accordance with the ''Pennsylvania Technical Guide'' and addenda or amendments thereto.
(e) This section does not apply to residual waste processing, disposal, treatment, collection, storage or transportation.
§ 91.36. Pollution control and prevention at agricultural operations.
(a) Animal manure storage facilities. Except as provided in paragraphs (1) and (2), animal manure storage facilities do not require a water quality management permit from the Department if the design and operation of the storage facilities are in accordance with the Department approved manure management practices as described in the publication entitled ''Manure Management for Environmental Protection'' and addenda or amendments thereto prepared by the Department, ''The Pennsylvania Technical Guide'' and addenda and amendments thereto, and when applicable, § 83.351 (relating to minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities) and each animal manure storagefacility is designed to prevent discharges to surface waters during a storm event of less than a 25-year/24-hour storm. In addition, in the case of animal manure storage facilities located at animal operations with over 1,000 animal equivalent units on or before January 29, 2000, a water quality management permit is not required if a registered professional engineer certifies that the design and construction of each manure storage facility is consistent with the ''Pennsylvania Technical Guide.''
(1) A permit is required under § 91.35 (relating to wastewater impoundments) for the design, construction and operation of any new or expanded animal manure storage facility at an agricultural operation with more than 1,000 animal equivalent units. In addition to the requirements of § 91.35, the permit shall incorporate the requirements of this section.
(2) If a person chooses to design or construct manure storage facilities using criteria other than those described in ''Manure Management for Environmental Protection'' prepared by the Department and the ''Pennsylvania Technical Guide'' and addenda or amendments to those publications, approval of the Department or a permit under § 91.35 will be required. Operations which are required to or volunteer to submit nutrient management plans shall comply with the nutrient management regulations in Chapter 83 (relating to State Conservation Commission).
(b) Land application of animal manure. The land application of animal manures does not require a permit from the Department if the land application of manure is in accordance with the Department approved manure management practices as described in the publication entitled ''Manure Management for Environmental Protection'' and addenda or amendments thereto prepared by the Department. If a person chooses to apply animal manure using criteria other than those described in ''Manure Management for Environmental Protection'' and addenda or amendments thereto prepared by the Department, approval of the Department or a permit will be required. Operations which are required to or volunteer to submit nutrient management plans shall comply with Chapter 83.
§ 91.37. Private projects.
(a) The Department will not approve applications for sewerage permits for private sewerage projects to be located within the built-up parts of cities, boroughs and first and second-class townships unless the applicant can demonstrate a compelling public need for the project.
(b) Issuance of the sewerage permits will be limited to private sewerage projects located in the rural parts of first and second class townships, and for which areas there appears to be no present necessity for public sewerage.
§ 91.38. Algicides, herbicides and fish control chemicals.
Except when the use of an algicide, herbicide or fish control chemical would be in violation of a specific order or permit, the use is authorized only in the following instances:
(1) Copper sulfate required to control algae in a source of public water supply when the use is under and in accordance with approval given by the Department.
(2) Chemicals required to control aquatic plants in surface waters and chemicals required for the management of fish populations where the use is under and in accordance with joint approval given by the Department and the Fish and Boat Commission.
UNDERGROUND DISPOSAL § 91.51. Potential pollution resulting from underground disposal.
(a) The Department will, except as otherwise provided in this section, consider the disposal of wastes, including stormwater runoff, into the underground as potential pollution, unless the disposal is close enough to the surface so that the wastes will be absorbed in the soil mantle and be acted upon by the bacteria naturally present in the mantle before reaching the underground or surface waters.
(b) The following underground discharges are prohibited:
(1) Discharge of inadequately treated wastes, except coal fines, into the underground workings of active or abandoned mines.
(2) Discharge of wastes into abandoned wells.
(3) Disposal of wastes into underground horizons unless the disposal is for an abatement of pollution and the applicant can show by the log of the strata penetrated and by the stratigraphic structure of the region that it is improbable that the disposal would be prejudicial to the public interest and is acceptable to the Department. Acceptances by the Department do not relieve the applicant of responsibility for any pollution of the waters of this Commonwealth which might occur. If pollution occurs, the disposal operations shall be stopped immediately.
(c) New wells constructed for waste disposal shall be subject to this section.
§ 91.52. Procedural requirements for underground disposal.
A permit issued under § 91.51 (relating to potential pollution resulting from underground disposal) shall be issued in accordance with the requirements of Chapter 92 (relating to National pollutant discharge elimination system) when applicable.
CHAPTER 97. INDUSTRIAL WASTES § 97.14. (Reserved).
§ 97.61. (Reserved).
§§ 97.71--97.76. (Reserved).
CHAPTER 101. (Reserved). §§ 101.1--101.6. (Reserved).
§ 101.8. (Reserved).
[Pa.B. Doc. No. 00-166. Filed for public inspection January 28, 2000, 9:00 a.m.]
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