PENNSYLVANIA, February 23 - Community [Affairs] and Economic Development, and approve all

watershed plans and revisions thereto.

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(c) On an annual basis, the department shall conduct active

water quality testing of surface waters within a watershed storm

water plan in accordance with 40 CFR Pt. 136 (relating to

guidelines establishing test procedures for the analysis of

pollutants). The following shall apply:

(1) If the department does not have the resources to

conduct the water quality testing required under this

subsection, the department shall rely on the following to

calculate the water quality standards of surface waters

within a watershed storm water plan:

(i) Water quality testing from the county

conservation district, the Pennsylvania Fish and Boat

Commission, the Department of Conservation and Natural

Resources, the Pennsylvania Game Commission, an

institution of higher education that receives State

funding or a private laboratory accredited by the

department to perform water quality testing.

(ii) If the department has not received water

quality testing specified under subparagraph (i), a water

quality testing model.

(2) The department shall grant a National Pollutant

Discharge Elimination System permit waiver to a small

municipal separate storm sewer system that is in compliance

with the criteria specified under 40 CFR 122.32(d) or (e)

(relating to as an operator of a small MS4, am I regulated

under the NPDES storm water program?).

Section 5. Sections 17(a) introductory paragraph and (c) and

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