Section 91.27. General water quality management permit

(a) Coverage and purpose. The Department may issue a general water quality management permit, in lieu of issuing individual water quality management permits, for a specific category of wastewater treatment facilities if the wastewater treatment facilities meet the following:

(1) Involve the same, or substantially similar, type of operations.

(2) Treat the same types of wastes.

(3) Require the same operating conditions.

(4) Are, in the judgment of the Department, more appropriately managed under a general permit than under individual permits.

(b) Administration of general permits.

(1) Proposed general permits and amendments. The Department will publish a notice in the Pennsylvania Bulletin of its intent to issue or amend a general permit, including the text of the proposed general permit or amendment, proposed review fees and an opportunity for interested persons to provide written comments on the proposed general permit or amendment in accordance with § 91.16 (relating to notification of actions).

(2) Issuance of general permits. General permits, subsequently issued, will be published in the Pennsylvania Bulletin and include the effective date of the general permit and review fees.

(3) Effective date of a general permit. The Department will specify in the general permit that an applicant who has submitted a timely and complete notice of intent for coverage is authorized to construct, erect and locate a wastewater treatment facility or discharge to groundwaters of this Commonwealth, in accordance with the terms and conditions of the general permit. Coverage under the general permit shall become effective:

(i) After a waiting period following receipt of the notice of intent by the Department as specified in the general permit.

(ii) Upon receipt of notification of coverage by the Department.

(4) Notice of intent for coverage under a general permit. A person who desires to have a wastewater treatment facility covered under a general permit shall submit a notice of intent to the Department in accordance with § § 91.21 and 91.22 (relating to applications for permits; and fees) and the written instructions of the notice of intent. The Department will review the information provided in the notice of intent for completeness or to determine if the wastewater treatment facility qualifies under the provisions of the general permit except as provided in subsection (c)(1), (2) or (5).

(c) Denial of coverage. The Department may deny coverage under the general permit when one or more of the following conditions exist:

(1) The NOI is not complete or timely.

(2) The applicant has not obtained permits required by Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) when required.

(3) The applicant is not, or will not be, in compliance with one or more of the conditions of the general permit.

(4) The applicant has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a prior permit issued by the Department.

(5) The treatment facility proposed for coverage under the general permit is not capable of treating wastewater to a degree which will result in compliance with applicable effluent limitations and water quality standards as described in Chapter 93 (relating to water quality standards).

(6) The Department determines that the action is necessary to ensure compliance with the Federal Act, the act or this title.

(d) Requiring an individual permit. The Department may revoke, or suspend coverage under a general water quality management permit, and require that an individual water quality management permit be obtained when the permittee has violated one or more of the conditions of the general permit or has violated a provision of this title. Upon notification by the Department that an individual water quality management permit is required for the facility, the owner shall submit a complete water quality management permit application, in conformance with this chapter, within 90 days of receipt of the notification, unless the owner is already in possession of a valid individual water quality management permit for the applicable functions. Failure to submit the application within 90 days shall result in automatic termination of coverage under the general permit. Timely submission of a complete application shall result in continuation of coverage of the applicable facilities under the general permit, when the facility demonstrates that it has undertaken efforts to address the reasons for the revocation or suspension of coverage, until the Department takes final action on the pending individual permit application.

(e) Termination of coverage under a general permit. When an individual water quality management permit is issued for a facility which is covered under a general water quality management permit, the applicability of the general permit to that facility is automatically terminated on the effective date of the individual permit.

The provisions of this § 91.27 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

Notation

Authority

The provisions of this § 91.27 issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Cross References

This section cited in 25 Pa. Code § 91.21 (relating to applications for permits).