§ 92a.32. Stormwater discharges.
(a) The provisions of 40 CFR 122.26(a), (b), (c)(1), (d), (e)(1), (3)—(9), (f) and (g) (relating to storm water discharges (applicable to State NPDES programs, see § 123.25)) and 122.30—122.37 are incorporated by reference.
(b) No exposure stormwater discharges. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is ‘‘no exposure’’ of industrial materials and activities to stormwater and the discharger satisfies the conditions in 40 CFR 122.26(g). A facility or activity with no stormwater discharges associated with industrial activity may qualify for a conditional exclusion from a permit, provided that the facility or activity does not discharge to a surface water classified as a High Quality Water or an Exceptional Value Water under Chapter 93 (relating to water quality standards). To qualify for the conditional exclusion from a permit, the responsible person shall complete, sign and submit to the Department the appropriate permit application or NOI, including the appropriate application or NOI fee, and a ‘‘No Exposure Certification’’ on forms available from the Department at least once every 5 years.
(c) Municipal separate storm sewer systems. The operator of a discharge from a large, medium or small municipal separate storm sewer shall submit in its permit application or NOI the information required to be submitted under 40 CFR Part 122 (relating to EPA administered permit programs: the National Pollutant Discharge Elimination System). Permits for discharges from municipal separate storm sewer systems are not eligible for a ’’no exposure’’ conditional exclusion from a permit under subsection (b). The operator of a discharge from a small MS4 may seek a waiver from NPDES permit requirements under 40 CFR 122.32(c) (relating to as an operator of a small MS4, am I regulated under the NPDES storm water program?). To request this waiver, the operator of the small MS4 shall complete, sign and submit to the Department the appropriate permit application or NOI, the appropriate permit application or NOI fee and an application for the waiver on forms available from the Department at least once every 5 years.
(d) Stormwater discharges associated with construction activity. Applicants for individual NPDES permits for the discharge of stormwater associated with construction activity shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(g)(7) (relating to application for a permit (applicable to State programs, see § 123.25)) and 122.26(c)(1). In addition, stormwater dischargers shall submit information required in Chapter 102 (relating to erosion and sediment control) as appropriate. Permits for stormwater discharges associated with construction activity are not eligible for a ‘‘no exposure’’ conditional exclusion from a permit under subsection (b).
(e) Stormwater discharges associated with industrial activity. Applicants for individual NPDES permits for the discharge of stormwater associated with industrial activity shall submit the information required to be submitted, as applicable, under 40 CFR 122.21(g)(7) and 122.26(c)(1).
Authority The provisions of this § 92a.32 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 (35 P.S. § 1920-A).
Source The provisions of this § 92a.32 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (352641) to (352642).
Cross References This section cited in 25 Pa. Code § 92a.3 (relating to incorporation of Federal regulations by reference); and 25 Pa. Code § 92a.28 (relating to industrial waste discharges).
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