§ 109.502. Permitting of currently operating systems; compliance deadlines.
(a) A public water system operating under a valid permit issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. § § 711—716) (Repealed), may continue to operate in accordance with the terms and conditions of the prior permit as long as the public water system is operated in compliance with this chapter and the act. A condition in a prior permit which is inconsistent with this chapter is void, except for conditions concerning construction of facilities which have been completed. Substantial modifications of facilities operated under a prior permit require an amended construction permit under § 109.503(b) (relating to public water system construction permits).
(b) A community water system which was in operation prior to December 8, 1984, which is not operated under a permit issued under the act of April 22, 1905 (P. L. 260, No. 182) may continue to operate on an interim basis if the water supplier files a brief description of the system on a form approved by the Department by June 8, 1985, and files a complete construction permit application under § 109.503 within 6 months of receipt of a notice from the Department to file an application, or in any event, by December 8, 1989. The Department will establish a schedule for notifying community water systems to apply for permits based upon factors such as compliance histories and results of monitoring or inspections.
(c) A bottled water system operating under a valid permit issued under the act of April 30, 1929 (P. L. 897, No. 396) (35 P. S. § § 1001—1006) (Repealed) prior to December 8, 1984, may continue to operate under the terms and conditions of the permit on an interim basis, if the water supplier submits a complete application for a permit under § 109.503 by December 8, 1985.
(d) A bulk water hauling system operating prior to December 8, 1984, may continue to operate on an interim basis if the water supplier submits a complete application for a permit under § 109.503 by December 8, 1985.
(e) A noncommunity water system operating under a permit or license issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13) or the Seasonal Farm Labor Act (43 P. S. § § 1301.101—1301.606) may continue to operate on an interim basis if the water supplier submits complete information to the licensing authority describing the drinking water facilities on a form provided by the Department. The completed form shall be submitted by March 8, 1985.
(f) A noncommunity water system operating prior to December 8, 1984, may continue to operate on an interim basis if the public water supplier files a com-plete construction permit application or otherwise complies with § 109.505 (relating to requirements for noncommunity water systems) by December 8, 1985.
(g) A noncommunity water system operating prior to May 16, 1992, which has not complied with § 109.505 and is required to comply with § 109.505 because it is now considered to be providing water for human consumption, may continue to operate on an interim basis if the water supplier, by May 16, 1993, either complies with § 109.505, or signs with the Department a consent order and agreement, including a compliance schedule.
(h) Authorization for interim operation under this section is only valid until the Department makes a final decision to issue or deny an operation permit under this chapter.
(i) The authorization to operate on an interim basis does not relieve the water supplier of other duties or obligations under the act or this chapter.
Source The provisions of this § 109.502 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136307) to (136308).
Cross References This section cited in 25 Pa. Code § 109.501 (relating to general permit requirements).
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