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

28 Pa. Code § 17.132. Minimum program activities.

§ 17.132. Minimum program activities.

 The following shall be considered minimum activities in the Water Pollution Control Program:

   (1)  Administration of The Clean Streams Law. Local health departments may choose to do application processing or surveillance and monitoring, or both; local health departments carrying out surveillance and monitoring must also carry out the enforcement activities.

     (i)   Application processing. Local health departments:

       (A)   Shall, in accordance with DER policies and procedures, evaluate applications for permits for sewer extensions, sewage treatment plants and industrial waste treatment facilities for conformance with DER rules and regulations and standards.

       (B)   Shall make recommendations to DER relative to permit issuance.

     (ii)   Surveillance and monitoring. Surveillance and monitoring shall conform with the following:

       (A)   In order to determine if dischargers are complying with established rules, regulations, standards and permit conditions and to see if stream quality is improving, local health departments shall inspect and sample all discharges, shall evaluate the operation of treatment facilities, and shall sample surface and groundwater within their jurisdiction on a timely basis. In addition, local health departments shall evaluate operations reports submitted by permittees. All surveillance and monitoring shall be carried out in accordance with DER policies and procedures.

       (B)   Local health departments shall carry out a pollution incident response program to investigate spills and to evaluate public health and safety hazards. This activity shall be coordinated with DER and other appropriate agencies in accordance with DER rules and regulations and policies and procedures.

       (C)   Local health departments shall participate in or conduct special studies or surveys as necessary to identify and evaluate problems relating to water pollution.

     (iii)   Enforcement. Local health departments shall carry out any necessary enforcement activities within the scope of the act, The Clean Streams Law (35 P. S. § §  691.1—691.1001), and other applicable laws to ensure compliance on the part of dischargers or potential dischargers to the waters of this Commonwealth.

   (2)  Administration of Pennsylvania Sewage Facilities Act. County health departments and such other local health departments as may have been designated as a local agency in accordance with the provisions of the Pennsylvania Sewage Facilities Act (35 P. S. § §  750.1—750.20) shall review official plans, revisions, and supplements for completeness and accuracy. Final approval or disapproval of official plans or revisions thereto will be made by DER after receipt of the comments from the county health department or the designated local agency.

     (i)   The county or other local health departments described in this paragraph shall administer section 7 of the Pennsylvania Sewage Facilities Act (35 P. S. §  750.7) and 25 Pa. Code Chapter 71, Subchapter B (relating to official plan requirements). Each staff member engaged in the issuance of permits must be certified by the State Board for Certification of Sewage Enforcement Officers.

     (ii)   Inspections and surveys of existing malfunctioning sewage disposal systems shall be made in those areas where malfunctioning is occurring and where complaints are received from the public. Appropriate action shall be taken to eliminate or minimize the malfunctions.

     (iii)   Enforcement procedures shall be implemented in accordance with sections 12, 13, 14 and 16 of the Pennsylvania Sewage Facilities Act (35 P. S. § §  750.12, 750.13, 750.14 and 750.16).

   (3)  General. General provisions shall be as follows:

     (i)   Comprehensive water quality management plan implementation. Local health departments shall initiate efforts within their jurisdiction to promote the implementation of comprehensive water quality management in accordance with the act, the Pennsylvania Sewage Facilities Act, The Clean Streams Law, the Federal Water Pollution Control Act and DER rules and regulations and policies and procedures.

     (ii)   Laboratory services. Adequate laboratory services acceptable to DER must be readily available to make analytical determinations. These services may be provided by the local health department, DER or private laboratories. DER will be available for consultation.

     (iii)   Rules and regulations. Local health departments shall enforce the rules and regulations of DER, or shall, in accordance with applicable laws, adopt ordinances or regulations which are at least as stringent as and are consistent in intent and purpose with the DER rules and regulations.

     (iv)   Meetings. Local health departments are required to attend periodic meetings with DER for the purpose of program planning, development, reporting, evaluation, and coordination to provide an orderly, efficient delivery of this environmental health program on a Statewide basis.

Cross References

   This section cited in 28 Pa. Code §  17.3 (relating to meetings).

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