Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

Pennsylvania Code



Subchapter E. TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, TERMINATION OF PERMITS, REISSUANCE OF EXPIRING PERMITS AND CESSATION OF DISCHARGE


Sec.


92a.71.    Transfer of permits.
92a.72.    Modification or revocation and reissuance of permits.
92a.73.    Minor modification of permits.
92a.74.    Termination of permits.
92a.75.    Reissuance of expiring permits.
92a.76.    Cessation of discharge.

§ 92a.71. Transfer of permits.

 (a)  The provisions of 40 CFR 122.61 (relating to transfer of permits (applicable to State programs, see 123.25)) are incorporated by reference.

 (b)  A new permittee shall be in compliance with existing Department issued permits, regulations, orders and schedules of compliance, or demonstrate that any noncompliance with the existing permits has been resolved by an appropriate compliance action or by the terms and conditions of the permit (including a compliance schedule set forth in the permit), consistent with §  92a.51 (relating to schedules of compliance) and other appropriate Department regulations.

Cross References

   This section cited in 25 Pa. Code §  92a.3 (relating to incorporation of Federal regulations by reference).

§ 92a.72. Modification or revocation and reissuance of permits.

 The provisions of 40 CFR 122.62 (relating to modification or revocation and reissuance of permits (applicable to State programs, see 123.25)) are incorporated by reference.

Cross References

   This section cited in 25 Pa. Code §  92a.3 (relating to incorporation of Federal regulations by reference).

§ 92a.73. Minor modification of permits.

 The provisions of 40 CFR 122.63 (relating to minor modification of permits) are incorporated by reference.

Cross References

   This section cited in 25 Pa. Code §  92a.3 (relating to incorporation of Federal regulations by reference).

§ 92a.74. Termination of permits.

 The provisions of 40 CFR 122.64 (relating to termination of permits (applicable to State programs, see 123.25)) are incorporated by reference.

Cross References

   This section cited in 25 Pa. Code §  92a.3 (relating to incorporation of Federal regulations by reference).

§ 92a.75. Reissuance of expiring permits.

 (a)  A permittee who wishes to continue to discharge after the expiration date of its NPDES permit shall submit an application for reissuance of the permit at least 180 days prior to the expiration of the permit unless permission has been granted for a later date by the Department. The application fees specified in §  92a.26 (relating to application fees) apply.

 (b)  Upon completing review of the application, the Department may reissue a permit if, based on up-to-date information on the permittee’s wastewater treatment practices and the nature, contents and frequency of the permittee’s discharge, the Department determines that:

   (1)  The permittee is in compliance with existing Department-issued permits, regulations, orders and schedules of compliance, or that any noncompliance with an existing permit has been resolved by an appropriate compliance action.

   (2)  The discharge is, or will be under a compliance schedule issued under §  92a.51 (relating to schedules of compliance) and other applicable regulations, consistent with the applicable water quality standards, effluent limitations or standards and other legally applicable requirements established under this title, including revisions or modifications of the standards, limitations and requirements that may have occurred during the term of the existing permit.

Cross References

   This section cited in 25 Pa. Code §  92a.7 (relating to duration of permits and continuation of expiring permits).

§ 92a.76. Cessation of discharge.

 If a permittee intends to cease operations or cease a discharge for which a permit has been issued under this chapter, the permittee shall notify the Department in writing of its intent at least 90 days prior to the cessation of operations or the cessation of the discharge, unless permission has been granted for a later date by the Department. The 90-day notice is not required to cease mining activities and related discharges that are terminated in accordance with procedures for mine reclamation and bond release established in § §  86.170—86.175 (relating to release of bonds) or § §  77.241—77.243 (relating to release of bonds).



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