25 Pa. Code § 92a.54 - General permits
(a)
Coverage and purpose. The Department may issue a general
permit, in lieu of issuing individual permits, for a clearly and specifically
described category of point source discharges, if the point sources meet the
following conditions:
(1) Involve the same, or
substantially similar, types of operations.
(2) Discharge the same types of
wastes.
(3) Require the same
effluent limitations or operating conditions, or both.
(4) Require the same or similar
monitoring.
(5) Do not discharge
toxic or hazardous pollutants as defined in sections 307 and 311 of the Federal
Act (33 U.S.C.A.
§§
1317 and
1321) or any other substance
that-because of its quantity; concentration; or physical, chemical or
infectious characteristics-may cause or contribute to an increase in mortality
or morbidity in either an individual or the total population, or pose a
substantial present or future hazard to human health or the environment when
discharged into surface waters.
(6)
Are more appropriately controlled under a general permit than under individual
permits, in the opinion of the Department.
(7) Individually and cumulatively do not have
the potential to cause or contribute to a violation of an applicable water
quality standard established under Chapter 93 (relating to water quality
standards) or cause significant adverse environmental impact.
(8) Do not discharge to a surface water
classified as a High Quality Water or an Exceptional Value Water under Chapter
93.
(b)
Administration of general permits. General permits may be
issued, amended, suspended, revoked, reissued or terminated under this chapter.
Issuance of a general permit does not exempt a person from compliance with this
title. General permits have a fixed term not to exceed 5 years.
(c)
Department specification
. The Department may specify in the general permit that an eligible person who
has submitted a timely and complete NOI is authorized to discharge in
accordance with the terms of the permit under one of the following:
(1) Immediately upon submission of the
NOI.
(2) After a waiting period
following receipt of the NOI by the Department as specified in the general
permit.
(3) Upon receipt of
notification of approval of coverage under a general permit from the
Department.
(d)
Department notification. The Department will, as applicable,
notify a discharger that it is or is not covered by a general permit. A
discharger so notified may request an individual permit.
(e)
Denial of coverage. The
Department will deny coverage under a general permit when one or more of the
following conditions exist:
(1) The discharge,
individually or in combination with other similar discharges, is or has the
potential to be a contributor of pollution, as defined in the State Act, which
is more appropriately controlled under an individual permit.
(2) The discharger is not, or will not be, in
compliance with any one or more of the conditions of the general permit.
(3) The applicant has failed and
continues to fail to comply or has shown a lack of ability or intention to
comply with a regulation, permit, schedule of compliance or order issued by the
Department.
(4) A change has
occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source.
(5) Categorical point source effluent
limitations are promulgated by the EPA for those point sources covered by the
general permit.
(6) The discharge
is not, or will not, result in compliance with an applicable effluent
limitation or water quality standard.
(7) Other point sources at the facility
require issuance of an individual permit, and issuance of both an individual
and a general permit for the facility would constitute an undue administrative
burden on the Department.
(8) The
Department determines that the action is necessary for any other reason to
ensure compliance with the Federal Act, the State Act or this title.
(9) The discharge would be to a surface water
classified as a High Quality Water or an Exceptional Value Water under Chapter
93.
(f)
Requiring
an individual permit. The Department may revoke or terminate coverage
under a general permit, and require the point source discharger to apply for
and obtain an individual permit for any of the reasons in subsection (e). An
interested person may petition the Department to take action under this
subsection. Upon notification by the Department under this subsection that an
individual permit is required for a point source, the discharger shall submit a
complete NPDES application, in conformance with this chapter, within 90 days of
receipt of the notification, unless the discharger is already in possession of
a valid individual permit. Failure to submit the application within 90 days
will result in automatic termination of coverage of the applicable point
sources under the general permit. Timely submission of a complete application
will result in continuation of coverage of the applicable point sources under
the general permit, until the Department takes final action on the pending
individual permit application.
(g)
Action of the Department. Action of the Department denying
coverage under a general permit under subsection (e), or requiring an
individual permit under subsection (f), is not a final action of the Department
until the discharger submits and the Department takes final action on an
individual permit application.
(h)
Termination of general permit. When an individual permit is
issued for a point source that is covered under a general permit, the
applicability of the general permit to that point source is automatically
terminated on the effective date of the individual permit.
(i)
Coverage under general
permit. A point source excluded from a general permit solely because
it already has an individual permit may submit an NOI under §
92a.23 (relating to NOI for
coverage under an NPDES general permit). If the NOI is acceptable, the
Department will revoke the individual permit and notify the source that it is
covered under the general permit.
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