§ 92.83. Inclusion of individual dischargers in general NPDES permits.

 (a)  NOI for coverage under the general permit.

   (1)  Eligible dischargers, who wish to be covered by the general permit, shall file an NOI which complies with § §  92.21(b)(4) and (5), 92.22 and 92.23 (relating to applications; application fees; and identity of signatories to NPDES forms). At a minimum, the NOI shall identify each point source for which coverage under the general permit is requested; demonstrate that each point source meets the eligibility requirements for inclusion in the general permit; demonstrate that the discharge from the point sources, individually or cumulatively, will not result in a violation of an applicable water quality standard established under Chapter 93 (relating to water quality standards) and include other information the Department may require. The NOI shall be accompanied by a signed and notarized statement that the discharger agrees to accept all conditions and limitations imposed by the general NPDES permit.

   (2)  If the NOI is acceptable for one or more point sources, the Department, except as provided in §  92.81(c) and (d) (relating to general permits), will formally notify the discharger of the coverage for each point source, and shall transmit a copy of the general permit to each discharger covered. Each copy of the general permit issued to a discharger shall bear an individual identification number.

   (3)  The Department will indicate in the publication of the notice of availability of a general permit in the Pennsylvania Bulletin whether it will provide one of the following:

     (i)   Notice in the Pennsylvania Bulletin of each NOI under an applicable general NPDES permit, and of each approval for coverage under a general NPDES permit.

     (ii)   Notice of every approval of coverage only.

 (b)  Denial of coverage. The Department will deny any NOI when one or more of the following conditions exist:

   (1)  The discharge, individually or in combination with other similar discharges, is or has the potential to be a contributor of pollution, as defined in the State Act, which is more appropriately controlled under an individual permit.

   (2)  The discharger is not, or will not be, in compliance with any of the conditions of the general permit.

   (3)  The applicant has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a regulation, permit, schedule of compliance or order issued by the Department.

   (4)  A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source.

   (5)  Categorical point source effluent limitations are promulgated by the EPA for those point sources covered by the general permit.

   (6)  The discharge is not, or will not, result in compliance with applicable effluent limitation or water quality standard.

   (7)  Other point sources at the facility require issuance of an individual NPDES permit, and issuance of both an individual and a general NPDES permit for the facility would constitute an undue administrative burden on the Department.

   (8)  The Department determines that the action is necessary for any other reason to ensure compliance with the Federal Act, the State Act or this title.

   (9)  The discharge would be to waters classified as ‘‘special protection’’ under Chapter 93.

 (c)  Requiring an individual permit. The Department may amend, revoke, suspend or terminate previously issued coverage under a general NPDES permit, and require the point source discharger to apply for and obtain an individual NPDES permit for any of the reasons in subsection (b). An interested person may petition the Department to take action under this subsection. Upon notification by the Department under this subsection that an individual NPDES permit is required for a point source, the discharger shall submit a complete NPDES application, in conformance with this chapter, within 90 days of receipt of the notification, unless the discharger is already in possession of a valid individual NPDES permit. Failure to submit the application within 90 days shall result in automatic termination of coverage of the applicable point sources under the general permit. Timely submission of a complete application shall result in continuation of coverage of the applicable point sources under the general permit, until the Department takes final action on the pending individual permit application.

 (d)  Action of the Department. Action of the Department denying coverage under a general permit under subsection (b), or requiring an individual NPDES permit under subsection (c), is not a final action of the Department until the discharger submits and the Department takes final action on an individual NPDES permit application.

 (e)  Termination of general permit. When an individual NPDES permit is issued for a point source which is covered under a general NPDES permit, the applicability of the general permit to that point source is automatically terminated on the effective date of the individual permit.

 (f)  Coverage under general permit. A point source excluded from a general permit solely because it already has an individual permit may submit an NOI under subsection (a). If the NOI is acceptable, the Department will revoke the individual permit and notify the source that it is covered under the general permit.

   The provisions of this §  92.83 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 §  92.83 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 pages (228267) to (228269).

   This section cited in 25 Pa. Code §  92.1 (relating to definitions); 25 Pa. Code §  92.22 (relating to application fees); and 25 Pa. Code §  271.902 (relating to permits and direct enforceability).