§ 92a.12. Treatment requirements.
(a) Specific treatment requirements and effluent limitations for each discharge must be established based on the more stringent of the following:
(1) Requirements specified in Chapters 16, 77, 87—90, 93, 95, 96 and 102.
(2) The applicable treatment requirements and effluent limitations to which a discharge is subject under this chapter and the Federal Act.
(3) The treatment requirements and effluent limitations of this title.
(b) When interstate or international agencies under an interstate compact or international agreement establish applicable effluent limitations or standards for dischargers of this Commonwealth to surface waters that are more stringent than those required by this title, the more stringent standards and limitations apply.
(c) If the Department has confirmed the presence or critical habitat of endangered or threatened species under Federal or State law or regulation, the Department will limit discharges to these waters to ensure protection of these species and critical habitat.
(d) New or changed water quality standards or treatment requirements may result from revisions to Chapters 16, 77, 87—90, 92a, 93, 95, 96 or 102, or other plans or determinations approved by the Department. Upon notice from the Department, a permittee of an affected facility shall promptly take the steps necessary to plan, obtain a permit or other approval, and construct facilities or undertake other actions that are necessary to comply with the new water quality standards or treatment requirements.
(e) Within 180 days of the receipt of the notice, the permittee shall submit to the Department either a report establishing that its existing facilities are capable of meeting the new water quality standards or treatment requirements, or a schedule setting forth the nature and date of completion of steps that are necessary to plan, obtain a permit or other approval, and construct facilities or undertake other actions that are necessary to comply with the new water quality standards or treatment requirements. The permittee shall comply with the schedule approved by the Department.
(f) Whenever a point of projected withdrawal for a new potable water supply not previously considered is identified by the Department, the Department will notify a discharger if more stringent effluent limitations are needed to protect the point of withdrawal. The discharger shall meet the more stringent effluent limitations in accordance with a schedule approved by the Department. The Department will issue orders directing dischargers to achieve compliance or will impose permit modifications with compliance schedules, when necessary.
Cross References This section cited in 25 Pa. Code § 92a.49 (relating to CAFO); and 25 Pa. Code § 92a.51 (relating to schedules of compliance).
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