§ 92.4. Exclusions from permit requirements.

 (a)  The following are excluded from the requirement of obtaining an NPDES permit under this chapter:

   (1)  Introduction of pollutants from nonpoint source agricultural activities and irrigation return flows. As used in this paragraph, ‘‘irrigation return flows’’ means pollutants discharged into surface waters from a discernible, confined and discrete conveyance which results from the controlled application of water by any person to land used primarily for crops, forage growth or nursery operations.

   (2)  Silviculture activities, except that this exclusion does not apply to silvicultural point sources.

   (3)  Sewage from vessels within the meaning of section 312 of the Federal Act (33 U.S.C.A. §  1322).

   (4)  Water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well is used either to facilitate production or for disposal purposes, is approved by authority of the Department, and if the Department determines that the injection or disposal will not result in the degradation of ground or surface water resources.

   (5)  Discharges of dredged or fill material into waters of the United States which are regulated under section 404 of the Federal Act (33 U.S.C.A. §  1344).

   (6)  Indirect discharges subject to the following requirements:

     (i)   Except as provided in subparagraph (ii), the discharge of sewage, industrial wastes or other pollutants into a POTW or privately owned treatment works which is, or will be when connected, conveying and treating the discharge into the treatment works, and is operated and maintained in accordance with the State Act, rules and regulations promulgated thereunder, the permit and any applicable orders.

     (ii)   The Department may require that an indirect discharger of sewage, industrial waste or other pollutants obtain a permit under the State Act to discharge into a POTW or privately owned treatment works where necessary to assure protection of waters of this Commonwealth in situations including, but not limited to, one or more of the following:

       (A)   When the indirect discharger has failed to take adequate measures to prevent, reduce or otherwise eliminate the discharge.

       (B)   When the indirect discharger has failed to take adequate measures to pretreat its discharge prior to conveying the discharge to the POTW.

       (C)   When the discharge would otherwise result in interference with proper operations of the POTW, upsets at the POTW or pass-throughs of pollutants.

   (7)  A discharge in compliance with the instructions of the Department in an environmental emergency cleanup situation remediating a one time spill or release of pollutants, or the instructions of an on-scene coordinator under 40 CFR Part 300 or 33 CFR Part 153 (relating to National Oil and Hazardous Substances Pollution Contingency Plan; and control of pollution by oil and hazardous substances, discharge removal), where necessary to abate an imminent threat to the public health or safety.

 (b)  The specification of exclusion under subsection (a) may not relieve any person of any requirement imposed by the State Act or the regulations, other than this chapter, promulgated thereunder, including State permit requirements.

   The provisions of this §  92.4 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 §  92.4 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial page (228248).