Current through Register Vol. 55, No. 13, March 29, 2025
(a) If the
annual report establishes or if the Department determines that the sewerage
facilities or any portions thereof are either hydraulically or organically
overloaded, the permittee of the sewerage facilities shall comply with the
following program:
(1) Prohibit new
connections to the overloaded sewerage facilities except as approved by the
permittee under the standards for granting exceptions contained in §§
94.55-94.57 (relating to building permit
issued prior to ban; replacement of a discharge; and other exceptions). No
building permit may be issued by a governmental entity which may result in a
connection to overloaded sewerage facilities or increase the load to those
sewerage facilities from an existing connection. The permittee shall retain
records of exceptions granted and make the records available to the Department
upon request.
(2) Immediately begin
work for the planning, design, financing, construction and operation of the
sewerage facilities that may be necessary to provide required capacities to
meet anticipated demands for a reasonable time in the future and resulting in a
project that is consistent with the applicable official plans approved under
the Pennsylvania Sewage Facilities Act (35 P. S. §§
750.1-750.20) and the regulations thereunder
in Chapter 71 (relating to administration of the sewage facilities planning
program) and consistent with the requirements of the Department and the Federal
Government regarding areawide planning and sewerage facilities.
(3) Submit to the Regional Office, for the
review and approval of the Department, a written CAP to be submitted with the
annual report or within 90 days of notification of the Department's
determination of overload, setting forth the actions to be taken to reduce the
overload and to provide the needed additional capacity. The written CAP shall
include, but not be limited, to limitations on and a program for control of new
connections to the overloaded sewerage facilities and a schedule showing the
dates each step toward compliance with paragraph (2) shall be
completed.
(b) Upon
receipt of an acceptable CAP submitted in accordance with subsection (a)(3),
the Department may modify or lift the requirement to prohibit new connections
and the issuance of building permits contained in subsection (a)(1). In
determining whether the requirement to prohibit new connections shall be
modified or lifted, the Department will consider the extent to which the
permittee plans to limit new connections; the timing for provisions of
additional capacity and reduction of the existing overload; and the impact of
the overload on treatment plant effluent quality, water quality degradation and
public health.
(c) The Department
may approve permits for extensions to overloaded sewerage facilities when the
following conditions are met:
(1) The
proposed extension is consistent with an acceptable CAP submitted under
subsection (a)(3).
(2) The proposed
extension is consistent with the applicable official plan approved under the
Pennsylvania Sewage Facilities Act and the regulations adopted thereunder at
Chapter 71.
(3) The additional load
from the proposed extension will not have a significant adverse impact on the
water quality of the receiving waters.
(4) The proposed extension is in accordance
with any other applicable requirement of this title.
(5) The connections to the extension are
controlled in accordance with the CAP submitted in accordance with subsection
(a)(3); provided that, no connections to an extension may be allowed when the
approved CAP is not being implemented in accordance with the schedule contained
therein.
The provisions of this § 94.21 issued under section 9 of
the act of January 24, 1966 (P. L. 1535(1965), No. 537) (35 P. S. §
750.9).
This section cited in 25 Pa. Code §
94.11 (relating to sewer
extensions); 25 Pa. Code §
94.12 (relating to annual report);
and 25 Pa. Code §
94.31 (relating to organic or
hydraulic overload).
