25 Pa. Code § 92a.21 - Application for a permit
(a) The
provisions of 40 CFR
122.21(b), (g)(1)-(7), (9)-(13), (h), (i), (j), (k), (l),
(m)(1) and (6), (p), (q) and (r) (relating to
application for a permit (applicable to State programs, see §
123.25) ) are incorporated by
reference.
(b)
Duty to
apply. Persons wishing to discharge pollutants shall file a complete
application for an individual permit at least 180 days before the date on which
it is desired to commence the discharge of pollutants or within another period
of time that the Department determines is sufficient to ensure compliance with
the Federal Act and the State Act, including applicable water quality standards
and effluent limitations or standards.
(c)
Application forms.
Applicants for permits shall submit applications on Department permit
application forms. At a minimum, the following are required to be submitted by
applicants for a permit, except as otherwise specified:
(1) One original and two copies of the
complete application. The Department may require additional copies, if needed
to complete the review process.
(2)
The applicable permit application fee and other fees as set forth in §
92a.26 (relating to application
fees).
(3) If required by the
application, proof that a written notice of an application has been submitted
to the municipality and county in which the activity is or will be located at
least 30 days before the Department may take action on the application. This
notice must satisfy the notification requirements of section 1905-A of The
Administrative Code of 1929 (71 P. S. §
510-5) and the Pennsylvania Municipalities
Planning Code (53 P. S. §§
10101-11107) if required.
(4) If required by the application, proof
that public notice of the application has been published in a newspaper of
general circulation in the locality in which the activity is or will be located
once a week during a consecutive 4-week period.
(5) A description of the activities conducted
by the applicant that require an NPDES permit; name, mailing address and
location of the facility; up to four standard industrial codes (SIC) or North
American Industry Classification System (NAICS) code that best reflect the
principal products or services provided by the facility; the operator's name,
address, telephone number, ownership status and entity status; a listing of all
Department and EPA environmental quality permits for the facility; a
topographic or other map extending 1 mile beyond the boundaries of the facility
or activity; and a brief description of the nature of the business.
(6) Documentation that the applicant is in
compliance with all existing Department permits, regulations, orders and
schedules of compliance, or that any noncompliance with an existing permit has
been resolved by an appropriate compliance action or by the terms and
conditions of the permit (including a compliance schedule set forth in the
permit) consistent with §
92a.51 (relating to schedules of
compliance) and other applicable Department regulations.
(d)
Additional information.
The Department may require other information or data needed to assess the
discharges from the facility and any impact on receiving waters, and to
determine whether to issue an NPDES permit, or what conditions or effluent
limitations (including water quality based effluent limitations) to place in
the permit. The additional information may include, but is not limited to:
(1) The results of an effluent assessment (or
estimate for new dischargers or new sources), including a list of the mass and
concentration of pollutants found (or estimated to be for new discharges or new
sources) in the wastewater discharge, under Department protocols.
(2) Information and data relating to the
biological, physical and chemical characteristics of waters and habitat
immediately upstream and downstream of the proposed discharge, performed under
a Department-approved protocol.
(3)
The results of a waterbody assessment, under Department protocols, setting
forth the impact (or potential impact) of the discharges on surface waters of
this Commonwealth.
(4) The results
of whole effluent toxicity testing, an instream cause/effect survey, or other
tests or surveys as needed to determine the impact of a discharge on a
waterbody performed under a Department-approved protocol.
(e)
Addresses. The
Department will publish at least annually a list of addresses to which
applications and their accompanying papers shall be submitted.
(f)
Supporting documentation
. A person required to file an application shall also file additional modules,
forms and applications, and supply data as specified by the Department.
Additional modules, forms, applications and data are considered a part of the
application.
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