§ 271.902. Permits and direct enforceability.
(a) Permits. The requirements in this subchapter may be implemented through an individual land application of sewage sludge permit or a land application of sewage sludge general permit. An individual land application of sewage sludge permit will be issued to, and a land application of sewage sludge general permit will provide coverage for, persons who prepare sewage sludge or persons who land apply residential septage, or both. For a land application of sewage sludge permit to be issued to or provide coverage for a person who prepares sewage sludge other than residential septage, that person shall have one or more of the following:
(1) A permit for operation of the facility issued by the Department under the procedures and requirements of Chapter 91 or 92 (relating to general provisions; and National Pollutant Discharge Elimination System permitting, monitoring and compliance) or this chapter, as applicable.
(2) A permit for operation of the facility issued or modified by the state in which the facility is located or by the EPA, from which the Department may determine that the sewage sludge to be land applied will meet the standards in 40 CFR Part 503 (relating to standards for the use or disposal of sewage sludge).
(b) Direct enforceability. A person may not land apply sewage sludge through any practice for which requirements are established in this subchapter except in accordance with these requirements.
(c) Persons seeking to land apply sewage sludge shall obtain a land application of sewage sludge permit under the procedures and requirements in Chapters 91 and 92, as applicable, and this subchapter.
(d) A land application of sewage sludge permit requires compliance with Chapters 91 and 92, as applicable, this subchapter, and the terms and conditions of the permit.
(e) The Department is authorized to issue a land application of sewage sludge general permit if the permit meets the applicable requirements in § § 92.81—92.83 (relating to NPDES permits), as modified by subsection (f). The Department may issue a land application of sewage sludge general permit for an activity related to the land application of sewage sludge which may result in a discharge of pollutants to waters of this Commonwealth. The site specific review and approval requirements of § § 92.81—92.83 are not applicable to general permits issued under this subchapter.
(f) The restrictions contained in § § 92.81(a)(8) and 92.83(b)(8) are not applicable to the land application of sewage sludge to the extent the restrictions would prohibit general permit coverage in watersheds designated as ‘‘high quality waters’’ under Chapter 93 (relating to water quality standards).
(g) A person may not apply sewage sludge in a way that will cause surface or groundwater pollution, cause or allow the attraction, harborage or breeding of vectors, cause or allow emissions of any malodorous air contaminants under § 123.31(b) (relating to limitations), adversely affect private or public water supplies, or cause any public nuisance.
(h) Applications for individual land application of sewage sludge permits issued under this subchapter, or for coverage under land application of sewage sludge general permits issued under this subchapter, shall be accompanied by a nonrefundable fee of $500 made payable to the ‘‘Commonwealth of Pennsylvania.’’
Cross References This section cited in 25 Pa. Code § 271.821 (relating to application for general permit).
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