25 Pa. Code § 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).
Notes
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).
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