Current through Register Vol. 54, No. 44, November 2, 2024
The following shall be considered minimum activities in the
Water Pollution Control Program:
(1)
Administration of The Clean Streams Law. Local health
departments may choose to do application processing or surveillance and
monitoring, or both; local health departments carrying out surveillance and
monitoring must also carry out the enforcement activities.
(i)
Application processing.
Local health departments:
(A) Shall, in
accordance with DER policies and procedures, evaluate applications for permits
for sewer extensions, sewage treatment plants and industrial waste treatment
facilities for conformance with DER rules and regulations and
standards.
(B) Shall make
recommendations to DER relative to permit issuance.
(ii)
Surveillance and
monitoring. Surveillance and monitoring shall conform with the
following:
(A) In order to determine if
dischargers are complying with established rules, regulations, standards and
permit conditions and to see if stream quality is improving, local health
departments shall inspect and sample all discharges, shall evaluate the
operation of treatment facilities, and shall sample surface and groundwater
within their jurisdiction on a timely basis. In addition, local health
departments shall evaluate operations reports submitted by permittees. All
surveillance and monitoring shall be carried out in accordance with DER
policies and procedures.
(B) Local
health departments shall carry out a pollution incident response program to
investigate spills and to evaluate public health and safety hazards. This
activity shall be coordinated with DER and other appropriate agencies in
accordance with DER rules and regulations and policies and
procedures.
(C) Local health
departments shall participate in or conduct special studies or surveys as
necessary to identify and evaluate problems relating to water
pollution.
(iii)
Enforcement. Local health departments shall carry out any
necessary enforcement activities within the scope of the act, The Clean Streams
Law (35 P. S. §§ 691.1-691.1001), and other applicable laws to
ensure compliance on the part of dischargers or potential dischargers to the
waters of this Commonwealth.
(2)
Administration of Pennsylvania
Sewage Facilities Act. County health departments and such other local
health departments as may have been designated as a local agency in accordance
with the provisions of the Pennsylvania Sewage Facilities Act (35 P. S.
§§ 750.1-750.20) shall review
official plans, revisions, and supplements for completeness and accuracy. Final
approval or disapproval of official plans or revisions thereto will be made by
DER after receipt of the comments from the county health department or the
designated local agency.
(i) The county or
other local health departments described in this paragraph shall administer
section 7 of the Pennsylvania Sewage Facilities Act (35 P. S. §
750.7) and 25 Pa. Code Chapter 71, Subchapter
B (relating to official plan requirements). Each staff member engaged in the
issuance of permits must be certified by the State Board for Certification of
Sewage Enforcement Officers.
(ii)
Inspections and surveys of existing malfunctioning sewage disposal systems
shall be made in those areas where malfunctioning is occurring and where
complaints are received from the public. Appropriate action shall be taken to
eliminate or minimize the malfunctions.
(iii) Enforcement procedures shall be
implemented in accordance with sections 12, 13, 14 and 16 of the Pennsylvania
Sewage Facilities Act (35 P. S. §§
750.12,
750.13,
750.14 and
750.16).
(3)
General. General
provisions shall be as follows:
(i)
Comprehensive water quality management plan implementation.
Local health departments shall initiate efforts within their jurisdiction to
promote the implementation of comprehensive water quality management in
accordance with the act, the Pennsylvania Sewage Facilities Act, The Clean
Streams Law, the Federal Water Pollution Control Act and DER rules and
regulations and policies and procedures.
(ii)
Laboratory services.
Adequate laboratory services acceptable to DER must be readily available to
make analytical determinations. These services may be provided by the local
health department, DER or private laboratories. DER will be available for
consultation.
(iii)
Rules
and regulations. Local health departments shall enforce the rules and
regulations of DER, or shall, in accordance with applicable laws, adopt
ordinances or regulations which are at least as stringent as and are consistent
in intent and purpose with the DER rules and regulations.
(iv)
Meetings. Local health
departments are required to attend periodic meetings with DER for the purpose
of program planning, development, reporting, evaluation, and coordination to
provide an orderly, efficient delivery of this environmental health program on
a Statewide basis.
This section cited in 28 Pa. Code §
17.3 (relating to
meetings).
