§ 91.34. Activities utilizing pollutants.

 (a)  Persons engaged in an activity which includes the impoundment, production, processing, transportation, storage, use, application or disposal of pollutants shall take necessary measures to prevent the substances from directly or indirectly reaching waters of this Commonwealth, through accident, carelessness, maliciousness, hazards of weather or from another cause.

 (b)  The Department may require a person to submit a report or plan for activities described in subsection (a). Upon notice from the Department and within the time specified in the notice, the person shall submit to the Department the report or plan setting forth the nature of the activity and the nature of the preventative measures taken to comply with subsection (a). The Department will encourage the use of pollution prevention measures that minimize or eliminate the generation of the pollutant over measures which involve pollutant handling or treatment. The Department will encourage consideration of the following pollution prevention measures, in descending order of preference, for environmental management of wastes: reuse, recycling, treatment and disposal.


   The provisions of this §  91.34 issued under section 5 of The Clean Streams Law (35 P.S. §  691.5); and section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20).


   The provisions of this §  91.34 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

Cross References

   This section cited in 25 Pa. Code §  78.55 (relating to control and disposal planning); 25 Pa. Code §  78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code §  95.2 (relating to effluent standards for industrial wastes).

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