| OCR Text |
Show 640 PENNSYLVANIA control program pursuant to the provision of the act and the policies and regulations adopted to effectuate it.12 The department reviews and acts upon applications for permits to discharge wastes into water, considers complaints filed with the department, and issues such orders as may be necessary to assure compliance with the act and the regu- lations of the department. Inspections are also made to the extent the department deems necessary to assure compliance with all appli- cable water quality controls. Aside from specific duties, the depart- ment may perform such other duties as necessary to carry out its statutory mandate.13 The Clean Streams Act does not require establishment of water quality for streams within the State, as the water pollution acts of many other States do, but it contemplates a very extensive permit system. The permit system has a somewhat novel provision to the effect that, in issuing a permit, the department may accept payments into the clean water fund in lieu of requiring the permit holder to treat its wastes-if the department finds that use of the funds re- ceived would provide a greater benefit to the State than would be realized by requiring the permittee to build and operate the needed treatment facilities. The act provides some guidelines as to when the "in-lieu" payments would be appropriate, and provides that any payments so received must be used for water pollution abatement programs.14 With respect to sewage effluent, the act provides that no munici- pality or person shall discharge or permit the discharge of sewage in any manner into the waters of the State unless (1) the discharge is authorized by the rules and regulations of the Department or (2) a permit is first obtained from the Department. This requirement applies not only to discharges made directly into the waters of the State but also to discharges into sewer systems or other facilities owned and operated by another person or municipality.15 The department may determine that water quality considerations require that a municipality acquire or construct treatment facilities, or alter or repair existing sewer systems or treatment facilities, and may order such municipality to do so, specifying the time in which the appropriate actions must be completed. If the officers of the municipality do not proceed with due diligence to comply with the order, or if they fail to comply within the time specified by the order, they may be found guilty of contempt and punished accordingly by the court.16 The department may also order a municipality to prepare reports, undertake studies, and submit such plans as the department con- siders necessary.17 and all plans, designs, and other relevant data relating to any new construction or the modification or enlargement of any existing sewer system or treatment facility must be submitted to the department for review, and a permit approving any such pro- posal must be issued before the facilities may be constructed, altered, "35 P.S., sec. 691.5(e). "35 P.S., sec. 691.5 (d). " 35 P.S., sec. 691.8. 16 35 P.S., sec. 691.202. 18 35 P.S., sec. 691.210. "35 P.S., sec. 691.203. |
