25 Pa. Code § 91.27 - General water quality management permit
(a)
Coverage and purpose.
The Department may issue a general water quality management permit, in lieu of
issuing individual water quality management permits, for a specific category of
wastewater treatment facilities if the wastewater treatment facilities meet the
following:
(1) Involve the same, or
substantially similar, type of operations.
(2) Treat the same types of wastes.
(3) Require the same operating
conditions.
(4) Are, in the
judgment of the Department, more appropriately managed under a general permit
than under individual permits.
(b)
Administration of general
permits.
(1)
Proposed
general permits and amendments. The Department will publish a notice
in the Pennsylvania Bulletin of its intent to issue or amend a
general permit, including the text of the proposed general permit or amendment,
proposed review fees and an opportunity for interested persons to provide
written comments on the proposed general permit or amendment in accordance with
§
91.16 (relating to notification of
actions).
(2)
Issuance of
general permits. General permits, subsequently issued, will be
published in the Pennsylvania Bulletin and include the
effective date of the general permit and review fees.
(3)
Effective date of a general
permit. The Department will specify in the general permit that an
applicant who has submitted a timely and complete notice of intent for coverage
is authorized to construct, erect and locate a wastewater treatment facility or
discharge to groundwaters of this Commonwealth, in accordance with the terms
and conditions of the general permit. Coverage under the general permit shall
become effective:
(i) After a waiting period
following receipt of the notice of intent by the Department as specified in the
general permit.
(ii) Upon receipt
of notification of coverage by the Department.
(4)
Notice of intent for coverage
under a general permit. A person who desires to have a wastewater
treatment facility covered under a general permit shall submit a notice of
intent to the Department in accordance with §§
91.21 and
91.22 (relating to applications
for permits; and fees) and the written instructions of the notice of intent.
The Department will review the information provided in the notice of intent for
completeness or to determine if the wastewater treatment facility qualifies
under the provisions of the general permit except as provided in subsection
(c)(1), (2) or (5).
(c)
Denial of coverage. The Department may deny coverage under the
general permit when one or more of the following conditions exist:
(1) The NOI is not complete or
timely.
(2) The applicant has not
obtained permits required by Chapter 92a (relating to National Pollutant
Discharge Elimination System permitting, monitoring and compliance) when
required.
(3) The applicant is not,
or will not be, in compliance with one or more of the conditions of the general
permit.
(4) The applicant has
failed and continues to fail to comply or has shown a lack of ability or
intention to comply with a prior permit issued by the Department.
(5) The treatment facility proposed for
coverage under the general permit is not capable of treating wastewater to a
degree which will result in compliance with applicable effluent limitations and
water quality standards as described in Chapter 93 (relating to water quality
standards).
(6) The Department
determines that the action is necessary to ensure compliance with the Federal
Act, the act or this title.
(d)
Requiring an individual permit.
The Department may revoke, or suspend coverage under a general water
quality management permit, and require that an individual water quality
management permit be obtained when the permittee has violated one or more of
the conditions of the general permit or has violated a provision of this title.
Upon notification by the Department that an individual water quality management
permit is required for the facility, the owner shall submit a complete water
quality management permit application, in conformance with this chapter, within
90 days of receipt of the notification, unless the owner is already in
possession of a valid individual water quality management permit for the
applicable functions. Failure to submit the application within 90 days shall
result in automatic termination of coverage under the general permit. Timely
submission of a complete application shall result in continuation of coverage
of the applicable facilities under the general permit, when the facility
demonstrates that it has undertaken efforts to address the reasons for the
revocation or suspension of coverage, until the Department takes final action
on the pending individual permit application.
(e)
Termination of coverage under a
general permit. When an individual water quality management permit is
issued for a facility which is covered under a general water quality management
permit, the applicability of the general permit to that facility is
automatically terminated on the effective date of the individual permit.
Notes
The provisions of this § 91.27 issued under section 5 of The Clean Streams Law (35 P.S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); 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. § 510-20).
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