1. (a) For wastes discharged to waters polluted by abandoned coal mine drainage, so that the applicable water quality criteria are not being met and designated water uses are not being achieved to the extent that aquatic communities are essentially excluded, and where the pollution cannot be remedied by controlling known, active discharges, the following degrees of treatment shall be provided:

   1. (1) Sewage, as defined in The Clean Streams Law (35 P. S. § § 691.1—691.1001), shall receive secondary treatment, as defined by this chapter.

   2. (2) Industrial waste as defined in The Clean Streams Law (35 P. S. § § 691.1—691.1001), shall achieve one of the following degrees of treatment, as appropriate, which are defined under 33 U.S.C.A. § § 1314(b) and 1316(b):

      1. (i) Best Conventional Pollutant Control Technology (BCT).
      2. (ii) Best Available Technology Economically Achievable (BAT).
      3. (iii) Standards of performance for new sources.

2. (b) A greater degree of treatment will be required to the waters where one of the following exists:

   1. (1) The water quality of the receiving water has or is expected to improve significantly.
   2. (2) The minimum degree of treatment required would cause pollution in downstream waters, so that designated stream uses in these downstream waters would not be achievable.

Source

The provisions of this § 95.5 amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 544. Immediately preceding text appears at serial pages (44654) and (44655).