§ 92.51. Standard conditions in all permits.

 The issued NPDES permit shall provide for and insure the following:

   (1)  That all discharges authorized by the NPDES permit shall be consistent with the terms and conditions of the permit; that facility expansions, production increases or process modifications which result in new or increased discharges of pollutants shall be reported by submission of a new application or, if the discharge does not violate effluent limitations specified in the NPDES permit, by submission to the Department of notice of the new or increased discharges of pollutants, that the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit shall constitute a violation of the terms and conditions of the permit.

   (2)  That the permit may be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to, the following:

     (i)   Violation of any terms or conditions of the permit.

     (ii)   Obtaining a permit by misrepresentation or failure to disclose fully relevant facts.

     (iii)   A change in a condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

   (3)  That the permittee shall permit the Director or an authorized representative, upon presentation of that representative’s credentials, to:

     (i)   Enter upon permittee’s premises in which an effluent source is located or in which records are required to be kept under terms and conditions of the permit.

     (ii)   Have access to and copy records required to be kept under terms and conditions of the permit.

     (iii)   Inspect monitoring equipment or method required in the permit.

     (iv)   Sample a discharge of pollutants.

   (4)  That the permittee shall maintain in good working order and operate as efficiently as possible facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit.

   (5)  That if a toxic effluent standard or prohibition, including any schedule of compliance specified in the effluent standard or prohibition, is established under section 301(b)(2)(C) or (D), 304(b) or 307(a) of the Federal Act (33 U.S.C.A. § §  1311(b)(2)(C) or (D), 1314(b) or 1317(a)) for a toxic pollutant which is present in the permittee’s discharge and the standard or prohibition is more stringent than any limitation upon the pollutant in the NPDES permit, the Department will revise or modify the permit in accordance with the toxic effluent standard or prohibition and so notify the permittee.

   (6)  That the discharger may not discharge floating materials, oil, grease, scum, foam, sheen and substances which produce color, taste, turbidity or settle to form deposits in concentrations or amounts sufficient to be, or creating a danger of being, inimical to the water uses to be protected or to human, animal, plant or aquatic life.

   (7)  That dischargers comply with applicable water quality standards.

   The provisions of this §  92.51 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 §  92.51 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (228256) to (228257).

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