![]()
Subchapter E. PERMIT REQUIREMENTS
Sec.
109.501. General permit requirements.
109.502. Permitting of currently operating systems; compliance deadlines.
109.503. Public water system construction permits.
109.504. Public water system operation permits.
109.505. Requirements for noncommunity water systems.
109.506. Emergency permits.
109.507. Permits for innovative technology.
109.508. [Reserved].
109.509. [Reserved].
109.510. [Reserved].
Cross References This subchapter cited in 25 Pa. Code § 109.5 (relating to organization of chapter); and 25 Pa. Code § 109.301 (relating to general monitoring requirements).
§ 109.501. General permit requirements.
(a) A person may not construct a public water system without first having obtained a construction permit from the Department under § 109.503 (relating to public water system construction permits) except as provided in § § 109.502 and 109.505 (relating to permitting of currently operating systems; compliance deadlines; and requirements for noncommunity water systems).
(b) A person may not substantially modify a permitted public water system without first obtaining an amended construction permit from the Department under § 109.503(b).
(c) A person may not operate a public water system without first having obtained an operation permit from the Department under § 109.504 (relating to public water system operation permits) except as provided in § § 109.502 and 109.505.
(d) A person may not operate a substantially modified facility without first obtaining an amended operation permit from the Department under § 109.504.
Source The provisions of this § 109.502 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136307) to (136308).
Cross References The provisions of this § 109.503 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1762; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial pages (290533) to (290534), (303191) to (303192), (290537) to (290538) and (303193) to (303194).
Notes of Decision Challenge Untimely
Private individual who only challenged issuance of operation permit that merely confirmed water authoritys use of hydrofluorosilicic acid to fluoridate city water as permitted in construction permit issued by Department of Environmental Protection, waived his right to challenge the use given that appeal period for challenge to construction permit had expired. Potratz v. Department of Environmental Protection, 897 A.2d 16 (Pa. Cmwlth 2006).
Cross References This section cited in 25 Pa. Code § 109.501 (relating to general permit requirements); 25 Pa. Code § 109.502 (relating to permitting of currently operating systems; compliance deadlines); 25 Pa. Code § 109.505 (relating to requirements for noncommunity water systems); 25 Pa. Code § 109.506 (relating to emergency permits); 25 Pa. Code § 109.507 (relating to permits for innovative technology); 25 Pa. Code § 109.609 (relating to reserved capacity and finished water storage); 25 Pa. Code § 109.712 (relating to control of POE devices); 25 Pa. Code § 109.1005 (relating to permit requirements); 25 Pa. Code § 109.1105 (relating to permit requirements); and 52 Pa. Code § 3.501 (relating to certificate of public convenience as a water or wastewater collection, treatment and disposal supplier).
§ 109.504. Public water system operation permits.
(a) To obtain a operation permit for a new system or an amended operation permit for system modifications, the public water supplier shall submit a certification of construction to the Department upon completion of the applicable construction or modification. The certification shall state that the work was completed in accordance with the approved plans and specifications and shall be signed by the professional engineer or other person responsible for the work.
(b) The Department will not issue an operation permit or an amended operation permit, unless the following conditions are satisfied:
(1) Construction of the new or modified facilities has been approved by the Department.
(2) The water supplier has demonstrated to the Department that adequate operation and maintenance information for the new or modified facilities is available onsite for use by the public water systems personnel.
(3) The water supplier has demonstrated to the Department that personnel required under § 109.704 (relating to operator certification) have been retained.
(c) Issuance of an operation permit authorizes only the operation included in the permit. The permits continuing validity is conditioned upon satisfaction of all provisions of the permit.
Source The provisions of this § 109.504 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (139089) to (139090).
Cross References The provisions of this § 109.505 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (234622) and (207245) to (207246).
Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.501 (relating to general permit requirements); and 25 Pa. Code § 109.502 (relating to permitting of currently operating systems; compliance deadlines).
§ 109.506. Emergency permits.
(a) In emergency circumstances, the Department may issue permits for construction, operation or modifications to a public water system as the Department determines may be necessary to assure that potable drinking water is available to the public. Emergency permits shall be limited in duration and at the Departments discretion be conditioned on additional monitoring, reporting and implementation of appropriate emergency response measures. The Department may revoke an emergency permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit. Authorization for construction, operation or modifications obtained under an emergency permit will not extend beyond the expiration of the permit.
(b) State and Federal agencies conducting emergency response bulk water hauling operations are not required to obtain a permit under this subchapter, if a Department approved source is utilized and adequate monitoring is conducted to assure compliance with the microbiological MCL specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
(c) Water suppliers having to comply with § 109.603(d) (relating to source quality and quantity) because of chronic water quantity problems shall apply for an amendment to their construction permit in accordance with § 109.503(b) (relating to public water system construction permits) to incorporate additional sources.
Source The provisions of this § 109.506 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial page (290543).
Cross References The provisions of this § 109.507 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial page (207247).
Cross References This section cited in 25 Pa. Code § 109.503 (relating to public water system construction permits); and 25 Pa. Code § 109.602 (relating to acceptable design).
§ 109.508. [Reserved].
Source The provisions of this § 109.508 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (139092) and (136315).
§ 109.509. [Reserved].
Source The provisions of this § 109.509 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136315) to (136316).
§ 109.510. [Reserved].
Source The provisions of this § 109.510 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (136316).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.