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 surface water intake and discharge 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 for a facility that is not a minor facility 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 or 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.
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference).
§ 92a.62. Annual fees.
(a) Permittees shall pay an annual fee in the amount indicated in the following schedule to the Commonwealth of Pennsylvania. The annual fee for permits issued before August 28, 2021, is due on each anniversary of the effective date of the last permit issuance or reissuance until the Department terminates the permit. The annual fee for permits issued for the first time after August 28, 2021, is due on each anniversary of the effective date of the initial permit until the Department terminates the permit. The flows listed in this section are total annual average design flows for all discharges at a facility in million gallons per day (MGD).
(b) Annual fees for individual NPDES permits are as follows:
Category Annual Fee Single Residence Sewage Treatment Plant $100 Small Flow Treatment Facility $250 Minor Sewage Facility ‹ 0.05 MGD $500 Minor Sewage Facility ›= 0.05 MGD and ‹ 1.0 MGD $1,000 Minor Sewage Facility with CSO $2,500 Major Sewage Facility ›= 1.0 MGD and ‹ 5.0 MGD $3,750 Major Sewage Facility ›= 5.0 MGD $5,000 Major Sewage Facility with CSO $7,500 Minor Industrial Waste Facility not covered by ELG $1,500 Minor Industrial Waste Facility covered by ELG $3,000 Major Industrial Waste Facility ‹ 250 MGD $7,500 Major Industrial Waste Facility ›= 250 MGD $50,000 Industrial Stormwater $1,500 CAFO $500 MS4 $2,500 CAAP $1,500 Pesticides $1,500 Mining Activity $0 Stormwater Associated with Construction Activities $500 (c) (Reserved).
(d) (Reserved).
(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.
(f) Any Federal or State agency or independent state commission that provides funding to the Department for the implementation of the NPDES Program through terms and conditions of a mutual agreement and any municipality that is currently designated as a financially distressed municipality by the Department of Community and Economic Development under the Municipalities Financial Recovery Act (53 P.S. § § 11701.101—11701.712) may be exempt from the fees in this section.
Authority The provisions of this § 92a.62 amended under sections 5(b)(1) and 6 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 1920-A).
Source The provisions of this § 92a.62 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (352656) to (352657).
Cross References This section cited in 25 Pa. Code § 92a.26 (relating to application fees).
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