BAN MODIFICATION OR REMOVAL
§ 94.41. Elimination of overload.
A ban may be removed by the Department, in the exercise of its discretion, in accordance with the following conditions:
(1) If the permittee has demonstrated that steps have been taken which have resulted in the reduction of the actual loading to the plant to less than the capacity provided in the permit or, in the case of a sewer system, to eliminate the hydraulic overload, the ban may be removed to allow connections up to capacity.
(2) If it is affirmatively demonstrated, through the submission by the permittee and approval by the Department of an application for an amendment to the permit, that the actual capacity of the plant is in excess of the capacity provided in the existing permit and is sufficient to prevent an overload until additional capacity is made available, the ban may be removed to allow connections up to the new capacity.
Authority The provisions of this § 94.41 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).
Source The provisions of this § 94.41 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial pages (35310) and (35311).
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