25 Pa. Code § 93.4 - Statewide water uses
(a)
Statewide water uses. Except when otherwise specified in law
or regulation, the uses set forth in Table 2 apply to all surface waters. These
uses shall be protected in accordance with this chapter, Chapter 96 (relating
to water quality standards implementation) and other applicable State and
Federal laws and regulations.
TABLE 2
Symbol | Use |
Aquatic Life | |
WWF | Warm Water Fishes |
Water Supply | |
PWS | Potable Water Supply |
IWS | Industrial Water Supply |
LWS | Livestock Water Supply |
AWS | Wildlife Water Supply |
IRS | Irrigation |
Recreation | |
B | Boating |
F | Fishing |
WC | Water Contact Sports |
E | Esthetics |
(b)
Less restrictive uses.
Less restrictive uses than those currently designated for particular waters
listed in §§
93.9a-93.9z may be adopted when it is
demonstrated that the designated use is more restrictive than the existing use,
the use cannot be attained by implementing effluent limits required under
sections 301(b) and 306 of the Federal Clean Water Act (33 U.S.C.A. §§
1311(b) and
1316) or implementing
cost-effective and reasonable BMPs for nonpoint source control, and one or more
of the following conditions exist:
(1)
Naturally occurring pollutant concentrations (natural quality) prevent the
attainment of the use.
(2) Natural,
ephemeral, intermittent or low flow conditions or water levels prevent the
attainment of the use, unless these conditions may be compensated for by the
discharge of sufficient volume of effluent discharges without violating State
water conservation requirements to enable uses to be met.
(3) Human caused conditions or sources of
pollution prevent the attainment of the use and cannot be remedied or would
cause more environmental damage to correct than to leave in place.
(4) Dams, diversions or other types of
hydrologic modifications preclude the attainment of the use, and it is not
feasible to restore the water body to its original condition or to operate the
modification in a way that would result in the attainment of the use.
(5) Physical conditions related to the
natural features of the water body, such as the lack of a proper substrate,
cover, flow, depth, pools, riffles, and the like, unrelated to water quality,
preclude attainment of aquatic life uses.
(6) Controls more stringent than those
required by sections 301(b) and 306 of the Federal Clean Water Act would result
in substantial and widespread economic and social impact.
(c)
Redesignation of water.
Waters considered for redesignation may not be redesignated to less restrictive
uses than the existing uses.
Notes
The provisions of this § 93.4 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§ 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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