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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

25 Pa. Code § 103.8. Water pollution control.

§ 103.8. Water pollution control.

 (a)  The number of points for water pollution control shall be based on the extent to which project implementation will eliminate detrimental effects of pollution and public health hazards from existing discharges of untreated or inadequately treated sewage.

 (b)  The following point values shall be used to determine rating points for this factor.

   (1)  Community environment and aesthetics—Use matrix in assigning points as follows:

     (i)   Category A—24 points maximum—Documented evidence or technical evaluation conducted or approved by the Department confirming that a majority of onlot disposal systems in the rated area are malfunctioning or otherwise inadequate with numerous instances of untreated or inadequately treated sewage found in publicly accessible areas; or untreated or inadequately treated sewage is being discharged to surface streams from sewers, storm drains, or overloaded sewage conveyance facilities in dry weather.

     (ii)   Category B—16 points maximum—The rated area has a documented history of a significant number of malfunctioning onlot disposal systems—this includes deficiently designed onlot systems and visual evidence of malfunctioning onlot systems primarily found in residential yards or adjacent areas; or documented intermittent discharges to surface streams from sewers, storm drains, or overloaded sewage conveyance facilities; or documented evidence of discharges of inadequately treated sewage from treatment plants to water quality limitation segments.

     (iii)   Category C—10 points maximum—Existing onlot systems in the rated area are shown to occasionally malfunction; major portions of the rated area have physical condition which limit the application of onlot disposal systems; or there is visual evidence in the project area of discharges of untreated or inadequately treated sewage from sewage conveyance facilities primarily in wet weather or other periods of peak sewage flows; or documented evidence of discharges of inadequately treated sewage from treatment plants to effluent limitation segments.

     (iv)   Category D—6 points maximum—Discharges of sewage receiving at least secondary treatment but less than NPDES requirements prior to discharge.

     (v)   Category E—0 points—Present sewerage facilities are adequate.

 Matrix for Community Environment and Aesthetics Category


    —% of total project equivalent population in Category A
    —% of total project equivalent population in Category B
    —% of total project equivalent population in Category C
    —% of total project equivalent population in Category D
    —% of total project equivalent population in Category E
     TOTAL 100%

Category/% 01-3031-7071-100
A061224
B04816
C02410
D0136
E0000
(Maximum total points 24)

   (2)  Domestic water supply. Points awarded in the domestic water supply category shall be assigned as follows:

     (i)   18 points—Documented evidence provided by laboratory analysis that public drinking water sources or a significant number of private drinking water sources are contaminated by malfunctioning onlot disposal systems or that downstream drinking water sources are subject to water quality standards violations due to discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation.

     (ii)   10 points—Documented contamination of public or private groundwater drinking water sources supported by known subsurface soil and hydrogeologic conditions and evidence of periodic water source contamination or documentation that downstream drinking water sources are periodically subject to contamination by existing discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation, based on water quality analyses or evaluation of the stream’s physical characteristics, or both.

     (iii)   5 points—Suspected contamination of public or private groundwater drinking water sources based on knowledge of subsurface soil and hydrogeologic conditions or a downstream drinking water source is shown to be affected by periodic water quality standards violations from discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation based on evaluation of the stream’s physical characteristics.

     (iv)   0 points—No downstream drinking water sources or no documentation or evidence that drinking water sources are affected by the sewage treatment need which would be eliminated or upgraded by project implementation.

   (3)  Fish and aquatic life. Points awarded in the fish and aquatic life category shall be assigned as follows:

     (i)   14 points—Surface waters are capable of supporting a cold or warm water fishery but documented evidence shows that they are not because of pollution caused by discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation.

     (ii)   8 points—Surface waters currently supporting a depressed cold or warm water fishery shown through documentation to be caused by untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation.

     (iii)   5 points—Surface waters currently supporting a cold or warm water fishery documented to be periodically affected or threatened by discharge of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation based on evaluation of the stream’s physical characteristics.

     (iv)   0 points—No documentation or evidence that fish and aquatic life are affected by untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

   (4)  Public bathing. Points awarded in the public bathing category shall be assigned as follows:

     (i)   8 points—A downstream permitted public bathing beach has been closed due to contamination as a result of water quality standards violations due to discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation.

     (ii)   3 points—A downstream permitted public bathing beach is shown through water quality analysis and an evaluation of stream and bathing area’s physical characteristics to be subject to contamination by untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

     (iii)   1 point—A public bathing place permit has been denied because of violations of water quality standards resulting from discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation.

     (iv)   0 points—No downstream public bathing uses are documented or there is no documented effect of discharges of untreated or inadequately treated sewage on downstream public bathing uses which would be eliminated or upgraded by project implementation.

   (5)  Boating and recreation. Points awarded in the boating and recreation category shall be assigned as follows:

     (i)   5 points—Documentation shows that discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation prevent the use of a stream or impoundment for boating and other nonswimming and nonfishing recreational purposes due to excessive aquatic growth or other material posing a danger to the user or his equipment.

     (ii)   3 points—Discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation are shown to adversely affect, but not prevent, the use of the stream or impoundment for boating and other nonswimming and nonfishing recreational purposes.

     (iii)   1 point—Discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation are shown to potentially affect the use of the stream or impoundment for boating or other nonswimming and nonfishing recreational purposes.

     (iv)   0 points—No downstream boating and recreation uses are documented or there is no documented effect of untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation on downstream boating or other nonswimming and nonfishing recreational purposes.

   (6)  Industrial water supply. Points awarded in the industrial water supply category shall be assigned as follows:

     (i)   5 points—Documented evidence that water supply intakes for industries which process foods or make fine papers are shown to be directly affected as a result of water quality standards violations due to untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

     (ii)   3 points—The use of water supplies for industries which use water in a way that persons are exposed to untreated water is shown to be limited or restricted as a result of water quality standards violations due to untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

     (iii)   1 point—Industrial water supply intakes are shown to be adversely affected by discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation based on evaluation of the stream’s physical characteristics.

     (iv)   0 points—No downstream industrial water supply intakes are documented or there is no documented effect on downstream industrial water supply uses caused by untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

   (7)  Irrigation. Points awarded in the irrigation category shall be assigned as follows:

     (i)   3 points—Irrigation water sources for crops grown or prepared for human consumption are shown to be adversely affected as a result of water quality standards violations due to discharges of untreated or inadequately treated sewage which would be eliminated or upgraded by project implementation.

     (ii)   2 points—Irrigation water sources for crops other than those grown or prepared for human consumption are shown to be adversely affected as a result of water quality standards violations due to untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

     (iii)   1 point—Irrigation sources are shown to be affected by untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation based on evaluation of the stream’s physical characteristics.

     (iv)   0 points—No downstream irrigation uses are documented or there is no effect on downstream irrigation uses by untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

   (8)  Stock watering. Points awarded in the stock watering category shall be assigned as follows:

     (i)   3 points—Water sources used to wash and water dairy animals are documented to be adversely affected as a result of water quality standards violations due to untreated or inadequately treated sewage from discharges which would be eliminated or upgraded by project implementation.

     (ii)   2 points—Water sources used to water livestock other than dairy animals are documented to be in violation of water quality standards as a result of untreated or inadequately treated sewage from discharges which would be eliminated or upgraded by project implementation.

     (iii)   1 point—Water sources used to water livestock are shown to be contaminated by untreated or inadequately treated sewage from discharges which would be eliminated or upgraded by project implementation based on evaluation of the stream’s physical characteristics.

     (iv)   0 points—No downstream stock watering is documented or there is no documented effect on downstream stock watering uses caused by untreated or inadequately treated sewage discharges which would be eliminated or upgraded by project implementation.

SUMMARY OF WATER POLLUTION CONTROL
RATING USE FACTOR RATINGS


No
Effect
Slight
Effect
Moderate
Effect
Great
Effect
Community Environment and
Aesthetics
0(See Matrix)24
Domestic Water Supply051018
Fish and Aquatic Life05 814
Public Bathing01 3 8
Boating and Recreation01 3 5
Industrial Water Supply01 3 5
Irrigation01 2 3
Stock Watering01 2 3



Authority

   The provisions of this §  103.8 amended under The Clean Streams Law (35 P. S. § §  691.1—691.1001); section 16(2) of the act (32 P. S. §  5116(2)); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  103.8 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended April 29, 1977, effective May 16, 1977, 7 Pa.B. 1171; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4158; amended January 2, 1998, effective January 3, 1998, 28 Pa.B. 18. Immediately preceding text appears at serial pages (233558) to (233563).

Cross References

   This section cited in 25 Pa. Code §  103.5 (relating to preparation of project lists); and 25 Pa. Code §  103.11 (relating to small municipality projects).



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