Subchapter E. PERMIT REQUIREMENTS
Sec.
109.501. General permit requirements.
109.502. Permitting of currently operating systems; compliance deadlines.
109.503. Public water system construction permits.
109.504. Public water system operation permits.
109.505. Requirements for noncommunity water systems.
109.506. Emergency permits.
109.507. Permits for innovative technology.
109.508. [Reserved].
109.509. [Reserved].
109.510. [Reserved].
109.511. General Permits.
Cross References This subchapter cited in 25 Pa. Code § 109.5 (relating to organization of chapter); 25 Pa. Code § 109.301 (relating to general monitoring requirements); and 25 Pa. Code § 109.1105 (relating to permit requirements).
§ 109.501. General permit requirements.
(a) A person may not construct a public water system without first having obtained a construction permit from the Department under § 109.503 (relating to public water system construction permits) except as provided in § § 109.502 and 109.505 (relating to permitting of currently operating systems; compliance deadlines; and requirements for noncommunity water systems).
(b) A person may not substantially modify a permitted public water system without first obtaining an amended construction permit from the Department under § 109.503(b).
(c) A person may not operate a public water system without first having obtained an operation permit from the Department under § 109.504 (relating to public water system operation permits) except as provided in § § 109.502 and 109.505.
(d) A person may not operate a substantially modified facility without first obtaining an amended operation permit from the Department under § 109.504.
Source The provisions of this § 109.501 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (136307).
§ 109.502. Permitting of currently operating systems; compliance deadlines.
(a) A public water system operating under a valid permit issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. § § 711—716) (Repealed), may continue to operate in accordance with the terms and conditions of the prior permit as long as the public water system is operated in compliance with this chapter and the act. A condition in a prior permit which is inconsistent with this chapter is void, except for conditions concerning construction of facilities which have been completed. Substantial modifications of facilities operated under a prior permit require an amended construction permit under § 109.503(b) (relating to public water system construction permits).
(b) A community water system which was in operation prior to December 8, 1984, which is not operated under a permit issued under the act of April 22, 1905 (P. L. 260, No. 182) may continue to operate on an interim basis if the water supplier files a brief description of the system on a form approved by the Department by June 8, 1985, and files a complete construction permit application under § 109.503 within 6 months of receipt of a notice from the Department to file an application, or in any event, by December 8, 1989. The Department will establish a schedule for notifying community water systems to apply for permits based upon factors such as compliance histories and results of monitoring or inspections.
(c) A bottled water system operating under a valid permit issued under the act of April 30, 1929 (P. L. 897, No. 396) (35 P. S. § § 1001—1006) (Repealed) prior to December 8, 1984, may continue to operate under the terms and conditions of the permit on an interim basis, if the water supplier submits a complete application for a permit under § 109.503 by December 8, 1985.
(d) A bulk water hauling system operating prior to December 8, 1984, may continue to operate on an interim basis if the water supplier submits a complete application for a permit under § 109.503 by December 8, 1985.
(e) A noncommunity water system operating under a permit or license issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13) or the Seasonal Farm Labor Act (43 P. S. § § 1301.101—1301.606) may continue to operate on an interim basis if the water supplier submits complete information to the licensing authority describing the drinking water facilities on a form provided by the Department. The completed form shall be submitted by March 8, 1985.
(f) A noncommunity water system operating prior to December 8, 1984, may continue to operate on an interim basis if the public water supplier files a com-plete construction permit application or otherwise complies with § 109.505 (relating to requirements for noncommunity water systems) by December 8, 1985.
(g) A noncommunity water system operating prior to May 16, 1992, which has not complied with § 109.505 and is required to comply with § 109.505 because it is now considered to be providing water for human consumption, may continue to operate on an interim basis if the water supplier, by May 16, 1993, either complies with § 109.505, or signs with the Department a consent order and agreement, including a compliance schedule.
(h) Authorization for interim operation under this section is only valid until the Department makes a final decision to issue or deny an operation permit under this chapter.
(i) The authorization to operate on an interim basis does not relieve the water supplier of other duties or obligations under the act or this chapter.
Source The provisions of this § 109.502 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136307) to (136308).
Cross References This section cited in 25 Pa. Code § 109.501 (relating to general permit requirements).
§ 109.503. Public water system construction permits.
(a) Permit application requirements. An application for a public water system construction permit shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer’s report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of Safe Drinking Water, Post Office Box 8467, Harrisburg, Pennsylvania 17105 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory accredited under this chapter.
(1) General requirements. An application must include:
(i) Permit application signatures. A Department permit application signed as follows:
(A) In the case of corporations, by a principal executive officer of at least the level of vice president, or an authorized representative, if the representative is responsible for the overall operation of the facility.
(B) In the case of a partnership, by a general partner.
(C) In the case of a sole proprietorship, by the proprietor.
(D) In the case of a municipal, State or other public facility, by either a principal executive officer, ranking elected official or other authorized employee.
(ii) Plans, specifications and engineer’s report. Plans, specifications and engineer’s reports must comply with the following:
(A) The drawings, specifications and engineer’s report shall be prepared by or under the supervision of a professional engineer registered to practice in this Commonwealth or in the state in which the public water system is located.
(B) The front cover or flyleaf of each set of drawings, of each copy of the engineer’s report and of each copy of specifications shall bear the signature and imprint of the seal of the registered engineer. Drawings shall bear an imprint or a legible facsimile of the seal.
(iii) Information describing new sources. Information describing new sources must include the items specified in clauses (A)—(F). The information specified in clauses (C) and (D) may not be more than 2 years old from the date the permit application is submitted unless the Department approves the use of data more than 2 years old. The Department may accept approval of an out-of-State source by the agency having jurisdiction over drinking water in that state if the supplier submits adequate proof of the approval and the agency’s standards are at least as stringent as this chapter:
(A) A source water assessment of each new raw water source.
(B) A pre-drilling plan for a new groundwater source prepared and signed by a professional geologist licensed to practice in this Commonwealth. The pre-drilling plan shall be submitted and approved by the Department prior to well construction and conducting an aquifer test. At a minimum, the pre-drilling plan must include preliminary results of the source water assessment, a hydrogeologic description, an aquifer test monitoring plan and the proposed well construction design.
(C) An evaluation of the quantity of the raw water from each new source. Flow data shall be submitted for springs, infiltration galleries or surface water sources. Aquifer test data, including drawdown and recovery data and the derivation of hydraulic conductivity, transmissivity and storage coefficient of the aquifer, shall be submitted for wells. At the discretion of the Department, these requirements may be altered for wells or wellfields pumping less than 100,000 gallons per day. The Department may require additional information to evaluate the safe or sustainable yield of the source. The safe or sustainable yield is the amount of water that can be withdrawn from an aquifer without causing an undesired result, such as adverse dewatering of an aquifer, induced potential health threats or impacts upon stream uses.
(D) An evaluation of the quality of the raw water from each new source. For groundwater sources, the evaluation shall be conducted at the conclusion of the constant rate aquifer test. This clause does not apply when the new source is finished water obtained from an existing permitted community water system unless the Department provides written notice that an evaluation is required. The evaluation must include analysis of all of the following:
(I) VOCs for which MCLs have been established by the EPA in 40 CFR 141.61(a) (relating to maximum contaminant levels for organic contaminants). Vinyl chloride monitoring is required only if one or more of the two-carbon organic compounds specified in § 109.301(5)(i) (relating to general monitoring requirements) are detected. Samples for VOCs shall be collected in accordance with § 109.303(d) (relating to sampling requirements).
(II) IOCs, including asbestos, for which MCLs have been established by the EPA in 40 CFR 141.62 (relating to maximum contaminant levels for inorganic contaminants).
(III) Lead.
(IV) Copper.
(V) Total coliform and E. coli concentration.
(VI) SOCs, including dioxin and PCBs, for which MCLs have been established by the EPA in 40 CFR 141.61(c).
(VII) Gross Alpha ([prop ]), radium-226, radium-228, uranium and Gross Beta (ß).
(VIII) Aluminum, chloride, color, foaming agents, iron, manganese, pH, silver, sulfate, total dissolved solids and zinc for which MCLs have been established by the EPA in 40 CFR 143.3 (relating to secondary maximum containment levels).
(IX) Alkalinity.
(X) Hardness.
(XI) Temperature.
(XII) For surface water or GUDI sources, E. coli or Cryptosporidium, or both, as specified in § 109.1202 (relating to monitoring requirements).
(XIII) Turbidity.
(XIV) For groundwater sources, the monitoring specified in § 109.302(f) (relating to special monitoring requirements) if the Department determines that the source is susceptible to surface water influence.
(XIV.1) PFAS for which MCLs have been established under § 109.202(a) (relating to State MCLs, MRDLs and treatment technique requirements).
(XV) Other contaminants that the Department determines necessary to evaluate the potability of the source.
(E) A hydrogeologic report for a new groundwater source. For wells, springs or infiltration galleries, this information must include a description of the geology of the area including the source aquifers, overlying formations, hydrogeologic boundaries, aquifer porosity estimates, water table contour or potentiometric surface maps depicting prepumping conditions and other information deemed necessary to evaluate the hydraulic characteristics of the aquifer and demonstrate the suitability of the proposed source and a Department approved delineation of the Zone 1 and Zone II wellhead protection areas. All information included in the source water assessment, in addition to the results of the water quantity and quality evaluations as specified in clauses (C) and (D), must be included in a hydrogeological report prepared and signed by a professional geologist licensed to practice in this Commonwealth.
(F) A description of the watershed topography and land uses within the watershed for a new surface water source.
(iv) Chapter 102 requirements. An erosion and sedimentation control plan which meets the requirements contained in Chapter 102 (relating to erosion and sediment control) when earth-moving activities are involved.
(2) Special requirements for public water suppliers proposing to use POE devices. Permit applications which propose the use of POE devices shall, in addition to the information required in paragraph (1), include the following:
(i) Documentation that each POE device to be used meets the certification requirements of § 109.612 (relating to POE devices).
(ii) Manufacturer’s design and engineering information, including blueprints or similar drawings, which provide detailed information about the construction and operation of the treatment device and its components.
(iii) A detailed monitoring plan, subject to the Department’s approval, which includes a list of the contaminants to be monitored and the frequency of monitoring.
(iv) An operation and maintenance plan, as outlined in § 109.702 (relating to operation and maintenance plan), which includes a schedule of routine maintenance to be performed and the parameters to be monitored to determine the performance and condition of the devices.
(v) A drawing of the water supply distribution system showing each house, building or facility where POE devices are to be installed.
(vi) Proof of the right-of-access for every house, building or facility to be served by a POE device.
(3) Business plan requirements for new community water systems. Permit applications submitted to the Department on or after October 1, 1996, for new community water systems shall, in addition to the information required in paragraph (1), include a business plan. A new community water system is a proposed community water system or an existing system not otherwise subject to the act which becomes a community water system subject to the act as a result of an increase in the number of year-round residents or residences served. The business plan shall be submitted on forms approved by the Department. To be considered complete, the business plan shall conform to the guidelines contained in the Department’s Public Water Supply Manual and shall consist of the following three parts:
(i) Facilities plan. The facilities plan shall identify the scope of the water service to be provided. In addition to the requirements of paragraph (1)(ii), the facilities plan shall include the following:
(A) An assessment of current and reasonably foreseeable compliance requirements that are applicable under the act based on monitoring data from the proposed sources of supply.
(B) A description of the alternatives considered and the rationale for the approach selected to providing water service. This description shall include the technical, managerial, financial, operational and local decision making rationale for the selected approach. Unless the new system is a consecutive water system, the plan shall include the rationale for creating a separate system.
(C) An engineering description of the facilities to be constructed, including the construction phases and future plans for expansion. This description shall include an estimate of the full cost of any required construction, operation and maintenance.
(ii) Management plan. The management plan shall specify the commitments that are needed to provide for effective management and operation of the system and shall include the following:
(A) Documentation that the applicant has the legal right and authority to take the measures necessary for the construction, operation and maintenance of the system. The evidence shall include, but is not limited to, indices of ownership where the applicant is the owner of the system or, where the applicant is not the owner, legally enforceable management contracts or agreements.
(B) An operating plan to define the tasks to be performed in managing and operating the system. The operating plan shall consist of the following:
(I) Part 1. A management and administrative plan.
(II) Part 2. An operation and maintenance plan which conforms with § 109.702.
(C) Assurances that the commitments needed for proper operation and management of the system will be carried out. These assurances can be given in the form of documentation of the credentials of management and operations personnel, cooperative agreements or service contracts.
(iii) Financial plan. The financial plan shall describe the system’s revenues and cash flow for meeting the costs of construction and the costs of operation and maintenance for at least 5 full years from the date the applicant anticipates initiating system operation. At a minimum, the financial plan shall include pro forma statements for each of the 5 years including the following:
(A) Balance sheet.
(B) Income statement.
(C) Statement of cash flow.
(b) Amendments. A water supplier operating under a public water system permit shall obtain an amended construction permit before making a substantial modification to the public water system.
(1) A water supplier shall submit an application for an amended construction permit under the application requirements in subsection (a), if the proposed modification constitutes a major change to the public water system. Typical modifications which may be considered major changes are proposed new sources, additions or deletions of treatment techniques or processes, pumping stations and storage reservoirs.
(2) A water supplier shall submit a written request to the Department if the proposed modification constitutes a relatively minor change to the public water system. A request for an amended construction permit under this paragraph shall describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal. Typical modifications which may be considered minor changes are changes in treatment chemicals; replacement of tank or reservoir linings or similar materials in contact with the water supply; interconnections; covering of reservoirs; construction of covered storage tanks and standpipes designed to standard specifications; transmission mains; and changes in legal status, such as transfers of ownership, incorporation or mergers. Additionally, requests to change the permitted availability category of a source, purchased interconnect, treatment plant or entry point identified in the comprehensive monitoring plan in accordance with § 109.718 (relating to comprehensive monitoring plan) may be considered a minor change.
(3) The Department determines whether a particular modification is a substantial modification and requires the construction permit to be amended under paragraph (1) or (2). A substantial modification is a modification which may affect the quality or quantity of water served to the public or may be prejudicial to the public health or safety. The Department’s determination of whether the substantial modification is a major or minor change will include consideration of the expected amount of staff time required to review and process the proposal, the magnitude and complexity of the proposed change and the compliance history of the public water system.
(c) Permit fees. An application for a permit from the Department under this subchapter must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water fees).
(d) Department’s review.
(1) The Department will publish a notice in the Pennsylvania Bulletin of the applications submitted under subsection (a) or (b)(1) or § 109.507 (relating to permits for innovative technology), providing at least 30 days for public comment from the date of publication.
(2) The Department will not accept an application for review until the application is determined to be complete. A complete application is one which includes all the information specified in this chapter and other relevant information the Department determines is necessary to enable the Department to undertake a technical review of the application.
(3) If the Department determines the permit application is incomplete, it will request the additional information in writing from the applicant within 90 calendar days of receipt of the application.
(4) The Department will grant or deny a permit within 120 calendar days of receipt of the application, or when an incomplete application was submitted, within 120 calendar days of receipt of the applicant’s written response to the Department’s request for additional information.
(5) Applications will be reviewed in accordance with accepted engineering and hydrogeological practices. The approval of plans, specifications, hydrogeological reports and engineer’s reports is limited to the sanitary features of design and other features of public health significance.
(6) In reviewing a permit application under this chapter, the Department may consider the following:
(i) Adherence to standards in Subchapter F (relating to design and construction standards).
(ii) Compliance by the proposed project with applicable statutes administered by the Commonwealth, river basin commissions created by interstate compact, or Federal environmental statutes or regulations.
(iii) Consistency with the environmental rights and values secured by PA. CONST. art. I, § 27 and with the Commonwealth’s duties as trustee to conserve and maintain this Commonwealth’s public natural resources.
(iv) Present conditions and the effects of reasonably foreseeable future development within the area of the project, including wellhead protection areas.
(e) Issuance and conditions.
(1) Issuance of a construction permit authorizes only the construction or modifications included in the permit. The permit’s continuing validity is conditioned upon satisfaction of the provisions of the permit.
(2) The plans, specifications, reports and supporting documents submitted as part of the permit application become part of the permit.
(3) A permit authorizing construction or modification of water facilities shall expire within 2 years from the date of issuance unless substantial work is initiated. A permit may be renewed by the Department if the water supplier makes a written request for renewal prior to the expiration date.
Authority The provisions of this § 109.503 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 109.503 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1762; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 333. Immediately preceding text appears at serial pages (393292) to (393299).
Notes of Decision Challenge Untimely
Private individual who only challenged issuance of operation permit that merely confirmed water authority’s use of hydrofluorosilicic acid to fluoridate city water as permitted in construction permit issued by Department of Environmental Protection, waived his right to challenge the use given that appeal period for challenge to construction permit had expired. Potratz v. Department of Environmental Protection, 897 A.2d 16 (Pa. Cmwlth 2006).
Cross References This section cited in 25 Pa. Code § 109.501 (relating to general permit requirements); 25 Pa. Code § 109.502 (relating to permitting of currently operating systems; compliance deadlines); 25 Pa. Code § 109.505 (relating to requirements for noncommunity water systems); 25 Pa. Code § 109.506 (relating to emergency permits); 25 Pa. Code § 109.507 (relating to permits for innovative technology); 25 Pa. Code § 109.609 (relating to reserved capacity and finished water storage); 25 Pa. Code § 109.703 (relating to facilities operation); 25 Pa. Code § 109.712 (relating to control of POE devices); 25 Pa. Code § 109.1005 (relating to permit requirements); 25 Pa. Code § 109.1105 (relating to permit requirements); 25 Pa. Code § 109.1404 (relating to community and noncommunity water system permitting fees); and 52 Pa. Code § 3.501 (relating to certificate of public convenience as a water or wastewater collection, treatment and disposal supplier).
§ 109.504. Public water system operation permits.
(a) To obtain an operation permit for a new system or an amended operation permit for system modifications, the public water supplier shall submit a certification of construction to the Department upon completion of the applicable construction or modification. The certification shall state that the work was completed in accordance with the approved plans and specifications and shall be signed by the professional engineer or other person responsible for the work.
(b) The Department will not issue an operation permit or an amended operation permit, unless the following conditions are satisfied:
(1) Construction of the new or modified facilities has been approved by the Department.
(2) The water supplier has demonstrated to the Department that adequate operation and maintenance information for the new or modified facilities is available onsite for use by the public water system’s personnel.
(3) The water supplier has demonstrated to the Department that they are in compliance with § 109.704 (relating to operator certification).
(c) Issuance of an operation permit authorizes only the operation included in the permit. The permit’s continuing validity is conditioned upon satisfaction of all provisions of the permit.
Source The provisions of this § 109.504 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119. Immediately preceding text appears at serial pages (320518) to (320519) and (313683).
Cross References This section cited in 25 Pa. Code § 109.501 (relating to general permit requirements); 25 Pa. Code § 109.505 (relating to requirements for noncommunity water systems); 25 Pa. Code § 109.506 (relating to emergency permits); 25 Pa. Code § 109.609 (relating to reserved capacity and finished water storage); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); 25 Pa. Code § 109.1105 (relating to permit requirements); 25 Pa. Code § 109.1107 (relating to system management responsibilities); 25 Pa. Code § 109.1306 (relating to information describing 4-log treatment and compliance monitoring); and 25 Pa. Code § 109.1404 (relating to community and noncommunity water system permitting fees).
§ 109.505. Requirements for noncommunity water systems.
(a) A noncommunity water system shall obtain a construction permit under § 109.503 (relating to public water system construction permits) and an operation permit under § 109.504 (relating to public water system operation permits), unless the noncommunity water system satisfies paragraph (1) or (2). The Department retains the right to require a noncommunity water system that meets the requirements of paragraph (1) or (2) to obtain a construction and an operation permit, if, in the judgment of the Department, the noncommunity water system cannot be adequately regulated through standardized specifications and conditions. A noncommunity water system which is released from the obligation to obtain a construction and an operation permit shall comply with the other requirements of this chapter, including design, construction and operation requirements described in Subchapters F and G (relating to design and construction standards; and system management responsibilities).
(1) A noncommunity water system which holds a valid permit or license issued after December 8, 1984, under one or more of the following acts satisfies the permit requirement under the act. The licensing authority will review the drinking water facilities under this chapter when issuing permits under the following acts:
(i) The act of May 23, 1945 (P.L. 926, No. 369) (35 P.S. § § 655.1—655.13) (Repealed).
(ii) The Seasonal Farm Labor Act (43 P.S. § § 1301.101—1301.606).
(iii) The Public Bathing Law (35 P.S. § § 672—680d).
(2) A noncommunity water system not covered under paragraph (1) is not required to obtain a construction and an operation permit if it satisfies the following specifications and conditions:
(i) The sources of supply for the system are groundwater sources requiring treatment no greater than hypochlorite or ultraviolet light disinfection to reduce total coliform bacteria concentrations to undetectable levels in the finished water, and otherwise provide water of a quality that meets the primary MCLs established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
(ii) The water supplier submits a noncommunity water system application, including raw source water quality data, on forms acceptable to the Department, and receives Department approval of the facilities prior to construction or operation. The water supplier shall also submit a noncommunity water system application to the Department for proposed modifications to the system or a change of ownership, and receive Department approval prior to construction or operation.
(3) A noncommunity water system which satisfies the requirements of paragraphs (1) and (2) shall provide the Department with the following information describing new sources, including an evaluation of the quality of the raw water from each new source. Water quality analyses shall be conducted by a laboratory certified under this chapter. This paragraph does not apply when the new source is finished water obtained from an existing permitted community water system or an existing permitted or approved noncommunity water system unless the Department provides written notice that one or more of the provisions of this paragraph apply.
(i) For transient noncommunity water systems, the evaluation must include analysis of the following:
(A) Nitrate (as nitrogen) and nitrite (as nitrogen).
(B) Total coliform concentration and, if total coliform-positive, analyze for the presence of E. coli.
(C) Any other contaminant which the Department determines is necessary to evaluate the potability of the source or which the Department has reason to believe is present in the source water and presents a health risk to the users of the system.
(ii) For nontransient noncommunity water systems, the evaluation must include the information required under § 109.503(a)(1)(iii)(D).
(b) A noncommunity water system providing 4-log treatment of a groundwater source under § 109.1302(b) (relating to treatment technique requirements) that has not obtained a construction permit under § 109.503 and an operations permit under § 109.504 shall obtain a noncommunity water system 4-log treatment of groundwater permit under § 109.1306 (relating to information describing 4-log treatment and compliance monitoring) and comply with subsection (a)(2)(ii).
Authority The provisions of this § 109.505 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. § 510-20(b)).
Source The provisions of this § 109.505 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (383444) to (383446).
Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.501 (relating to general permit requirements); 25 Pa. Code § 109.502 (relating to permitting of currently operating systems; compliance deadlines); 25 Pa. Code § 109.605 (relating to minimum treatment design standards); 25 Pa. Code § 109.715 (relating to seasonal systems); 25 Pa. Code § 109.1302 (relating to treatment technique requirements); 25 Pa. Code § 109.1306 (relating to information describing 4-log treatment and compliance monitoring); and 25 Pa. Code § 109.1408 (relating to noncommunity water system application for approval).
§ 109.506. Emergency permits.
(a) In emergency circumstances, the Department may issue permits for construction, operation or modifications to a public water system as the Department determines may be necessary to assure that potable drinking water is available to the public. Emergency permits shall be limited in duration and at the Department’s discretion be conditioned on additional monitoring, reporting and implementation of appropriate emergency response measures. The Department may revoke an emergency permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit. Authorization for construction, operation or modifications obtained under an emergency permit will not extend beyond the expiration of the permit.
(b) State and Federal agencies conducting emergency response bulk water hauling operations are not required to obtain a permit under this subchapter, if a Department approved source is utilized and adequate monitoring is conducted to assure compliance with the microbiological MCL specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
(c) Water suppliers having to comply with § 109.603(d) (relating to source quality and quantity) because of chronic water quantity problems shall apply for an amendment to their construction permit in accordance with § 109.503(b) (relating to public water system construction permits) to incorporate additional sources.
Source The provisions of this § 109.506 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial page (290543).
Cross References This section cited in 25 Pa. Code § 109.703 (relating to facilities operation); and 25 Pa. Code § 1404 (relating to community and noncommunity water system permitting fees).
§ 109.507. Permits for innovative technology.
The Department may consider proposals for innovative water treatment processes, methods or equipment and may issue an innovative technology construction or operation permit if the applicant demonstrates to the Department’s satisfaction that the proposal will provide drinking water that complies with Subchapters B, L and M (relating to MCLs, MRDLs or treatment technique requirements; long-term 2 enhanced surface water treatment rule; and additional requirements for groundwater sources). Applications for innovative technology construction permits must satisfy the requirements of § 109.503 (relating to public water system construction permits). The Department may condition innovative technology operation permits on duration, additional monitoring, reporting or other requirements as it deems necessary to protect the public health. The Department may revoke an innovative technology construction or operation permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit or if there is a significant change in the source water quality which could affect the reliability and operability of the treatment facility. Authorization for construction, operation or modifications obtained under an innovative technology permit will not extend beyond the expiration date of the permit.
Source The provisions of this § 109.507 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial pages (313685) to (313686).
Cross References This section cited in 25 Pa. Code § 109.503 (relating to public water system construction permits); and 25 Pa. Code § 109.602 (relating to acceptable design).
§ 109.508. [Reserved].
Source The provisions of this § 109.508 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (139092) and (136315).
§ 109.509. [Reserved].
Source The provisions of this § 109.509 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136315) to (136316).
§ 109.510. [Reserved].
Source The provisions of this § 109.510 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (136316).
§ 109.511. General permits.
(a) The Department may issue a general permit, instead of issuing a construction and operation permit under this subchapter, for a specific category of modifications if all of the following conditions are met:
(1) The modifications in the category are the same or substantially similar in nature.
(2) The modifications in the category are not prejudicial to the public health and can be adequately regulated utilizing standardized specifications and conditions.
(3) The modifications in the category will comply with the design and construction standards under Subchapter F (relating to design and construction standards).
(b) The Department may suspend, revoke, modify, reissue or terminate coverage under a general permit issued under this chapter for noncompliance with a condition of the permit, or upon a finding of a condition prejudicial to the public health.
(c) Issuance of a general permit does not exempt a person from compliance with this chapter.
Authority The provisions of this § 109.511 issued under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. § 510-20(b)).
Source The provisions of this § 109.511 adopted August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974.
Cross References This section cited in 25 Pa. Code § 109.1405 (relating to permitting fees for general permits).
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