§ 95.9. [Reserved].
Source The provisions of this § 95.9 added February 15, 1985, effective February 16, 1985, 15 Pa.B. 544; reserved November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (266236) to (228309).
Notes of Decisions Regulations removing specific numeric phosphorus content limits in favor of evaluation by a general model must be challenged on a case-by-case basis by individual phosphorus discharges; said challenges do not cause direct and immediate harm to a petitioner and are deemed more efficient than judicial speculation as to how DER will implement amended regulations. Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979 (Pa. 1986).
Petition filed under Commonwealth Court’s original jurisdiction, challenging new regulations which removed specific numeric phosphorus content limits in favor of evaluation by a general model, was premature since petitioner would ‘‘not suffer direct and immediate harm which would render the statutory administrative review, process inadequate.’’ Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979 (Pa. 1986).
Regulations contemplate that DER will evaluate the degree to which phosphorus contributes to the impairment designed uses on a case-by-case basis and may impose more stringent limitations where necessary. Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979 (Pa. 1986).
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