§ 93.2. Scope.

 (a)  This chapter sets forth water quality standards for surface waters of this Commonwealth, including wetlands. These standards are based upon water uses which are to be protected and will be considered by the Department in implementing its authority under The Clean Streams Law and other statutes that authorize protection of surface water quality. Nothing in this chapter shall be construed to diminish or expand the authority of the Department to regulate surface water quality as authorized by statute.

 (b)  When an interstate or international agency under an interstate compact or international agreement establishes water quality standards regulations applicable to surface waters of this Commonwealth, including wetlands, more stringent than those in this title, the more stringent standards apply.

Authority

   The provisions of this §  93.2 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).

Source

   The provisions of this §  93.2 amended through March 8, 1985, effective February 16, 1985, 15 Pa.B. 907; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B.1197. Immediately preceding text appears at serial page (289917).

Notes of Decisions

   Application

   The pollution to which the chapter refers must affect protected uses of the water. That standard was properly applied by the Environmental Hearing Board. People United To Save Homes v. Department of Environmental Protection, 789 A.2d 319 (Pa. Cmwlth. 2001).

   Denial of an application for a mine drainage permit cannot be based solely on the ground that the watershed has been designated a conservation area as defined in this section. Doraville Enterprises v. Commonwealth, 73 Pa. D.&C.2d 635 (1975).



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