§ 92.11. Duration of standards for certain new sources.

 Any point source the construction of which is commenced after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.A. § §  1281 and 1361) (October 18, 1972) and which is so constructed as to meet the applicable standards of performance, may not be subject to any more stringent treatment technology standard of performance during a 10-year period beginning on the date of completion of the construction during the period of depreciation or amortization of the facility for the purpose of section 167 or section 169, or both, of the Internal Revenue Code of 1954 (26 U.S.C.A. § §  167 and 169), or 10 years from the date the source begins to discharge process or other nonconstruction related wastewater, whichever period ends first. A more stringent standard may be imposed if the imposition is allowed under section 510 of the Federal Act (33 U.S.C.A. §  1370). This section does not apply to water quality based effluent limitations.

   The provisions of this §  92.11 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.11 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial page (228250).