§ 9.123. Antidegradation.
(a) The highest quality streams of the Commonwealth are unique and ecologically valuable resources. The natural characteristics of watersheds which maintain high quality streams are frequently vulnerable to development activities which may disrupt ecological relationships resulting in the degradation of water quality.
(b) It shall be the environmental policy of the Commonwealth to protect the high quality streams of the Commonwealth by discouraging land use and development activities that degrade or threaten to degrade water quality.
Notes of Decisions Federal Regulation
Although Congress has placed primary responsibility to comply with the Clean Water Act with the states, this fact did not change the mandatory duty of the Environmental Protection Agency’s Administrator referred to in 33 U.S.C.A. § 1313(c). Section 1313(c) requires the Administrator to approve a state’s revised water quality standard within 60 days or to reject it within 90 days. Thus, a 19-month delay in preparing and publishing proposed regulations was not fulfilling a public duty ‘‘promptly,’’ as commanded by Congress. Raymond Profitt Found. v. U.S.E.P.A., 930 F. Supp. 1088 (E. D. Pa. 1996).
Prompt Action Required
Nothing in the Clean Water Act prevents Pennsylvania from engaging in a comprehensive review of its antidegradation program. Indeed, the state’s evaluation of its water quality standard through a reg -neg process will educate interested parties as to the Act’s requirements and enable Pennsylvania to submit a more informed Triennial Review package. However, the fact that Pennsylvania has opted to undertake this consensus-building approach can not trump Congress’s clear mandate that the EPA promptly prepare and publish a water quality standard for the state if the EPA has disapproved the state’s standard. The Raymond Profitt Found. v. The United States Environmental Protection Agency, 930 F. Supp. 1088 (E. D. Pa. 1996).
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