§ 92.73. Prohibition of certain discharges.

 A permit will not be issued, modified, renewed or reissued under any of the following conditions:

   (1)  Authorizing the discharge of any radiological, chemical, biological warfare agent or high-level radioactive waste.

   (2)  Authorizing any discharge which is in conflict with a plan or amendment thereto approved under section 208(b) of the Federal Act (33 U.S.C.A. §  1288(b)).

   (3)  When the applicant is required to obtain a State water quality certification or other appropriate certification under section 401 of the Federal Act (33 U.S.C.A. §  1341) and that certification has not been obtained or waived.

   (4)  When the Regional Administrator has objected to the issuance of a permit.

   (5)  When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states.

   (6)  When, in the judgment of the Administrator, a district engineer of the Army Corps of Engineers or the Department, anchorage and navigation in or on any surface waters would be substantially impaired by the discharge.

   (7)  To a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards.

   (8)  For a sanitary sewer overflow, except as provided for in the Federal regulations.

   The provisions of this §  92.73 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 §  92.73 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial page (258040).

   This section cited in 25 Pa. Code §  92.2c (relating to minimum sewage and industrial waste treatment requirements).