25 Pa. Code § 250.406 - Relationship to surface water quality requirements
(a) A regulated discharge to surface waters
shall comply with the applicable provisions of Chapters 91-96, 97 (reserved)
and 102-105, including antidegradation requirements.
(b) For point source discharges to surface
water, compliance shall be measured at the point of discharge in accordance
with limits specified in the NPDES permit.
(c) For purposes of determining compliance
with surface water quality standards from a diffuse surface or groundwater
discharge, the person shall determine the expected instream regulated substance
concentrations, that are attributable to releases at the site, using mass
balance techniques and appropriate sampling for groundwater/surface water
mixing at design flow conditions. If the results indicate that surface water
quality standards are being achieved, no action is required. If results
indicate that surface water quality standards are not being achieved,
additional sampling may be performed to help evaluate whether surface water
quality standards are being achieved. If the results of the sampling indicate
the surface water quality standards are being met, no further action is
required. If the results of the modeling, and sampling if any, indicate the
surface water quality standards are not being met, the person shall perform
further remedial action to attain the surface water quality standards, unless a
waiver of the surface water quality standards is obtained under paragraphs (1)
and (2).
(1) In the case of a diffuse surface
or groundwater discharge which existed at the time contamination was
discovered, the Department may waive any otherwise applicable provisions,
including the provisions of Chapter 93 (relating to water quality standards),
under section 902(b) of the act (35 P. S. §
6026.902(b)).
(2) An applicant for a waiver of provisions
in Chapter 93 shall demonstrate to the Department that the proposed remedial
alternative will result in attainment of a concentration in the stream that
does not exceed human health criteria and aquatic life criteria under the
requirements in Chapter 93. The person may propose the use of alternative
site-specific exposure factors or design conditions that will demonstrate
attainment of the human health criteria.
(d) Except if an NPDES permit is required,
for purposes of complying with surface water quality standards in a spring, the
point of compliance is the point of first designated or existing use, as
defined in §§
93.1,
93.4 and
93.9 (relating to definitions;
Statewide water uses; and designated water uses and water quality criteria).
Where the point of first designated or existing use occurs in a surface water
into which a spring flows, compliance with surface water quality standards
shall be determined in the manner specified in subsection (c).
Notes
This section cited in 25 Pa. Code § 245.310 (relating to site characterization report).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.