§ 92.21. Applications.

 (a)  Persons wishing to commence discharges of pollutants shall file a complete application not less than 180 days before the date on which it is desired to commence the discharge of pollutants or within another period of time which the Department determines is sufficient to insure compliance with State and Federal law, including applicable water quality standards and applicable effluent limitations or standards.

 (b)  At a minimum, the following are required to be submitted by all applicants for an individual permit, except as otherwise specified:

   (1)  A permit application fee and other fees as set forth in §  92.22 (relating to application fees).

   (2)  Except for mining activity water quality permits, proof that written notice of an application has been submitted to the municipality in which the activity is or will be located at least 30 days before the Department may take action on the application.

   (3)  For discharges of industrial waste, including process wastewaters, CCWs and noncontact cooling waters, proof that public notice of the application has been published in a newspaper of general circulation in the locality in which the activity is or will be located once a week during a consecutive 4-week period.

   (4)  A description of the activities conducted by the applicant which require an NPDES permit; name, mailing address and location of the facility; up to four standard industrial codes (SIC) which best reflect the principal products or services provided by the facility; the operator’s name, address, telephone number, ownership status and entity status; a listing of all Department and EPA environmental quality permits for the facility; a topographic or other map extending 1 mile beyond the boundaries of the facility or activity; and a brief description of the nature of the business.

   (5)  Documentation that the applicant is in compliance with all existing Department permits, regulations, orders and schedules of compliance, or that any noncompliance with an existing permit has been resolved by an appropriate compliance action or by the terms and conditions of the permit (including a compliance schedule set forth in the permit) consistent with §  92.55 (relating to schedules of compliance) and other applicable Department regulations.

 (c)  In addition to the information required under subsection (b), the Department may require an applicant to submit other information or data the Department may need to assess the discharges of the facility and any impact on receiving waters, and to determine whether to issue an NPDES permit, or what conditions or effluent limitations (including water quality based effluent limitations) to place in the permit. The additional information may include, but is not limited to:

   (1)  The results of an effluent assessment (or estimate for new dischargers or new sources), including a list of the mass and concentration of pollutants found (or estimated to be for new discharges or new sources) in the wastewater discharge, under Department protocols.

   (2)  The results of any pollutant source or waterbody monitoring conducted under this title.

   (3)  Information relating to the biological, physical and chemical characteristics of waters and habitat immediately upstream and downstream of the proposed discharge conducted under a Department approved protocol.

 (d)  In addition to the information required under subsections (b) and (c), the Department may require an applicant for a modification, renewal or reissuance of a permit under §  92.13 (relating to reissuance or renewal of permits) or when required under 40 CFR Part 122 (relating to EPA administered programs: the National Pollutant Discharge Elimination System), to provide the following information:

   (1)  The results of a waterbody assessment, under Department protocols, setting forth the impact (or potential impact) of the discharges on surface waters of this Commonwealth.

   (2)  The results of whole effluent toxicity testing, an instream cause/effect survey, or other tests or surveys as needed to determine the impact of a discharge on a waterbody conducted under a Department-approved protocol.

   (3)  Additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life, and to determine the cause of the toxicity, and information relating to the biological, physical and chemical characteristics of waters and habitat immediately upstream and downstream of the facility conducted under a Department-approved protocol.

 (e)  Three copies of complete applications shall be submitted, one of which shall be attested by a notary public, justice of the peace, alderman or district justice. The Department may require additional copies of the application to be filed.

 (f)  The Department will publish at least annually a list of addresses to which applications and their accompanying papers shall be submitted.

 (g)  A person required to file an application shall also file additional modules, forms and applications, and supply data as specified by the Department. Additional modules, forms, applications and data shall be considered a part of the application.

   The provisions of this §  92.21 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 §  92.21 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (263059) to (263060).

   Although a coordinated review may be generally desirable, there is nothing in the National Pollutant Discharge Elimination System regulations which requires that review of NPDES permit applications be coordinated with review of other required permits. Del-Aware Unlimited, Inc. v. Department of Environmental Resources, 508 A.2d 348. (Pa. Cmwlth. 1986); appeal denied 523 A.2d 1132 (Pa. 1986).

   This section cited in 25 Pa. Code §  92.83 (relating to inclusion of individual dischargers in general NPDES permits).