1401 Pennsylvania's proposed certification under section 401 of the Federal Clean Water Act of 1977 and coastal zone management consistency determination regional permit for recreational boat docks

Pennsylvania's Proposed Certification under Section 401 of the Federal Clean Water Act of 1977 and Coastal Zone Management Consistency Determination Regional Permit for Recreational Boat Docks

[28 Pa.B. 4289]

   The Department of Environmental Protection (Department), proposes to certify under Section 401 of the Clean Water Act (CWA), 33 U.S.C.A. § 1341, subject to the conditions listed, that the construction and maintenance of recreational boat docks authorized by the Pittsburgh District of the Army Corps of Engineers (Corps) and public notice on May 5, 1998 (Notice No. 98-R2), which may result in a discharge into waters of the United States in the Commonwealth will comply with the applicable provisions of sections 301--303, 306 and 307 of the CWA, 33 U.S.C.A. §§ 1311--1313, 1316 and 1317, and are consistent with Pennsylvania's Coastal Zone Management Program. This Regional Permit is proposed to be applicable only in those areas of Pennsylvania which are under the jurisdiction of the Pittsburgh Corps District. In addition, the Commonwealth proposes to certify, subject to the conditions listed, that there is a reasonable assurance that the construction and maintenance of the activities referenced in the Regional permit set forth in the May 5, 1998 notice will comply with applicable Federal and State water quality standards.

   The proposed certification is subject to the following conditions:

   Conditions

   1.  Prior to commencing any activity covered by the Regional Permit, the applicant must obtain all necessary permits or approvals from the Pennsylvania Department of Environmental Protection, including, but not limited to, those required by the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et. seq., the Dam Safety and Encroachments Act, 32 P. S. § 693.1 et. seq., the Solid Waste Management Act, 35 P. S. § 6018.101 et. seq., the Hazardous Sites Cleanup Act, 35 P. S. § 6020.101 et. seq., and the regulations promulgated thereunder including 25 Pa. Code Chapters 75, 91--93, 95, 101, 102, 105 and 260--299. All environmental assessments required under these regulations, in addition to other regulatory requirements, must be complied with as a condition of Section 401 water quality certification for the Regional Permit.

   2.  The Department retains the right, on an individual activity basis, to withdraw or modify 401 water quality certification for an activity subject to a Regional Permit which it determines may adversely impact water quality.

   Persons wishing to comment on this application for 401 water quality certification and coastal management consistency are invited to submit comments by October 21, 1998. Prior to final action on this application, consideration will be given to any comments, suggestions or objections which are submitted in writing by October 21, 1998. Comments should be submitted to Ken Reisinger, Chief, Bureau of Water Quality Protection, Division of Waterways, Wetlands and Erosion Control, P. O. Box 8775, Harrisburg, PA 17105-8775.

   Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments are addressed and a concise statement of comments, objections or suggestions. Persons with a disability may use the AT&T Relay Service by calling [phone] (TDD users) or [phone] (voice users). No comments submitted by facsimile transmission will be accepted. The Department may conduct a fact-finding hearing or an informal conference in response to any given comments if deemed necessary.

   Electronic Comments--Comments may be sub- mitted electronically to the Department at [e-mail]. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Department by October 21, 1998.

   For more information concerning the Proposed Regional Permit for Recreational Boat Docks within the Commonwealth of Pennsylvania, contact the U. S. Army Corps of Engineers, Pittsburgh District, 1000 Liberty Avenue, Pittsburgh, PA 15222-4186.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 98-1401. Filed for public inspection August 28, 1998, 9:00 a.m.]