§ 92.41. Monitoring.

 (a)  The Department may impose reasonable monitoring requirements on any discharge.

 (b)  Each person who discharges pollutants, with the exception of sewage discharges from single family residence sewage treatment plants, may be required to monitor and report all toxic, conventional, nonconventional and other pollutants in its discharge, at least once a year, and on a more frequent basis if required by a permit condition. The results of this monitoring shall be submitted to the Department as required by a permit condition.

 (c)  Except for stormwater discharges subject to the requirements of subsection (g), a discharge authorized by an NPDES permit which is not a minor discharge or contains toxic pollutants for which an effluent standard has been established by the Administrator under section 307(a) of the Federal Act shall be monitored by the permittee for at least the following:

   (1)  Flow (in gallons per day or million gallons per day).

   (2)  All of the following pollutants:

     (i)   Pollutants (either directly or indirectly through the use of accepted correlation coefficients or equivalent measurements) which are subject to abatement under the terms and conditions of the permit.

     (ii)   Pollutants which the Department finds, on the basis of information available to it, could have an impact on the quality of this Commonwealth’s waters.

     (iii)   Pollutants specified by the Administrator, in regulations issued under the Federal Act, as subject to monitoring.

     (iv)   Pollutants in addition to those in subparagraphs (i)—(iii) which the Regional Administrator requests, in writing to be monitored.

 (d)  Each effluent flow or pollutant required to be monitored under subsections (b) and (c) shall be monitored at intervals sufficiently frequent to yield data which reasonably characterize the nature of the discharge of the monitored effluent flow or pollutant. Variable effluent flows and pollutant levels shall be monitored at more frequent intervals than relatively constant effluent flows and pollutant levels which may be monitored at less frequent intervals.

 (e)  The permittee shall maintain records of the information resulting from any monitoring activities required of it in its NPDES permit as follows:

   (1)  Records of monitoring activities and results shall include for all samples:

     (i)   The date, exact place and time of sampling.

     (ii)   The dates analyses were performed.

     (iii)   Who performed the analyses.

     (iv)   The analytical techniques/methods used.

     (v)   The results of the analyses.

   (2)  The permittee shall also be required to retain for a minimum of 3 years any records of monitoring activities and results including all original strip chart recordings for continuous monitoring instrumentation and calibration and maintenance records. This period of retention may be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Department or Regional Administrator.

 (f)  The permittee shall periodically report, at a frequency of at least once per year, on the proper NPDES reporting form monitoring results obtained by a permittee pursuant to monitoring requirements. In addition to the NPDES reporting form, the Department may require submission of other information regarding monitoring results it determines to be necessary.

 (g)  Requirements to report monitoring results from stormwater discharges associated with industrial activity (including a construction activity), except those subject to an effluent limitation guideline or an NPDES general permit, shall be established in a case-by-case basis with a frequency dependent on the nature and effect of the discharge.

 (h)  The monitoring requirements under this section shall be consistent with any National monitoring, recording and reporting requirements specified by the Administrator in regulations issued under the Federal Act.

   The provisions of this §  92.41 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 §  92.41 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (228254) to (228256).

   This section cited in 25 Pa. Code §  92.81 (relating to general NPDES permits).