§ 92.81. General NPDES permits.

 (a)  Coverage and purpose. The Department may issue a general NPDES permit, in lieu of issuing individual NPDES permits, for a clearly and specifically described category of point source discharges, if the point sources meet the following conditions:

   (1)  Involve the same, or substantially similar, types of operations.

   (2)  Discharge the same types of wastes.

   (3)  Require the same effluent limitations or operating conditions, or both.

   (4)  Require the same or similar monitoring.

   (5)  Do not discharge toxic or hazardous pollutants as defined in sections 307 and 311 of the Federal Act (33 U.S.C.A. § §  1317 and 1321) or any other substance which—because of its quantity; concentration; or physical, chemical or infectious characteristics—may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into the surface waters.

   (6)  In the opinion of the Department, are more appropriately controlled under a general permit than under individual permits.

   (7)  Individually and cumulatively do not have the potential to cause significant adverse environmental impact.

   (8)  Do not discharge to waters classified as ‘‘special protection’’ under Chapter 93 (relating to water quality standards).

 (b)  Administration of general permits. General permits may be issued, amended, suspended, revoked, reissued or terminated under this chapter. Issuance of a general NPDES permit does not exempt a person from compliance with this title. General NPDES permits shall have a fixed term not to exceed 5 years, and shall comply with § §  92.31, 92.41, 92.51, 92.57 and 92.59 and other applicable provisions of this title.

 (c)  Department specification. The Department may specify in the general permit that an eligible person who has submitted a timely and complete notice of intent is authorized to discharge in accordance with the terms of the permit under one of the following:

   (1)  After a waiting period following receipt of the notice of intent by the Department as specified in the general permit.

   (2)  Upon receipt of notification of approval of coverage under a general NPDES permit from the Department.

 (d)  Department notification. The Department will, as applicable, notify a discharger that it is or is not covered by a general permit. A discharger so notified may request an individual permit.

   The provisions of this §  92.81 issued 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 §  92.81 adopted July 20, 1984, effective July 21, 1984, 14 Pa.B. 2672; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial page (228266).

   This section cited in 25 Pa. Code §  92.82 (relating to public notice and public hearing); 25 Pa. Code §  92.83 (relating to inclusion of individual dischargers in general NPDES permits); and 25 Pa. Code §  271.902 (relating to permits and direct enforceability).