Chapter 102 Chapter 102 Changes and Changes and HighlightsHighlights

Municipal UpdateMunicipal Update

Coordinating Coordinating PermitsPermits

Changes and HighlightsChanges and Highlights When permits are and are not requiredWhen permits are and are not required Ability to create general permitsAbility to create general permits AntidegradationAntidegradation Changes to administrative mechanismsChanges to administrative mechanisms FeesFees Changed or additional permit requirementsChanged or additional permit requirements Coordination with local governmentsCoordination with local governments E&S PlansE&S Plans PCSM requirementsPCSM requirements Riparian buffer requirementsRiparian buffer requirements StabilizationStabilization 102 Related activities102 Related activities

Situations Requiring a Situations Requiring a PermitPermit

Any earth disturbance (with a few exceptions) Any earth disturbance (with a few exceptions) must have an NPDES if they disturb more must have an NPDES if they disturb more than 1 acrethan 1 acre

Timber harvesting and road maintenance Timber harvesting and road maintenance activities greater than 25 acres must have an activities greater than 25 acres must have an E&S permitE&S permit

Oil and gas activities greater than 5 acres Oil and gas activities greater than 5 acres must have an E&S permitmust have an E&S permit

All permits (NPDES and E&S) must contain All permits (NPDES and E&S) must contain PCSM plans unless provided for in other ways PCSM plans unless provided for in other ways (discussed later)(discussed later)

When permits are not When permits are not required required

Person proposing earth disturbance Person proposing earth disturbance under another Pa. Code chapter permit under another Pa. Code chapter permit (other than 92 or 102) – no NPDES(other than 92 or 102) – no NPDES

Person proposing discharging dredged or Person proposing discharging dredged or fill material which is required to obtain a fill material which is required to obtain a 404 permit – no NPDES404 permit – no NPDES

Person proposing agricultural plowing or Person proposing agricultural plowing or tilling or animal heavy use areas – no tilling or animal heavy use areas – no E&S permit or NPDES permitE&S permit or NPDES permit

AntidegradationAntidegradation Part of water quality standards that ensures that Part of water quality standards that ensures that

waters maintain their quality and useswaters maintain their quality and uses Applicants have to examine no discharge Applicants have to examine no discharge

alternatives (no net change)alternatives (no net change) If no discharge alternative is not feasible, then If no discharge alternative is not feasible, then

they must use ABACTthey must use ABACT ABACT – Antidegradation Best Available ABACT – Antidegradation Best Available

Combination of TechnologiesCombination of Technologies ABACT must be environmentally sound and cost ABACT must be environmentally sound and cost

effective treatment, land disposal, pollution effective treatment, land disposal, pollution prevention and stormwater reuse BMPs that prevention and stormwater reuse BMPs that individually or collectively manage the change in individually or collectively manage the change in rate, volume and water quality from storm events rate, volume and water quality from storm events up to and including the 2-year/24-hour storm when up to and including the 2-year/24-hour storm when comparing pre to postcomparing pre to post

Permit feesPermit fees

General PermitsGeneral Permits $500 + $100/acre disturbance fee$500 + $100/acre disturbance fee

Individual PermitsIndividual Permits $1500 + $100/acre disturbance fee$1500 + $100/acre disturbance fee Includes E&S permits and ESCPGP-1Includes E&S permits and ESCPGP-1

More laterMore later

Preconstruction MeetingPreconstruction Meeting Meeting is required unless the DEP or Meeting is required unless the DEP or

CD inform the permittee in writingCD inform the permittee in writing Permittee will invite DEP and CD to Permittee will invite DEP and CD to

meeting and give at least 7 days notice meeting and give at least 7 days notice of the meetingof the meeting

Attendants must include permittees, Attendants must include permittees, copermittees, operators, and licensed copermittees, operators, and licensed professionals (or designees)professionals (or designees) Licensed professionals should be the person Licensed professionals should be the person

doing the critical stages of BMP installation doing the critical stages of BMP installation

Coordination with local Coordination with local governmentgovernment

If a municipality or county issues If a municipality or county issues building permits or other permits and building permits or other permits and receives an application for a project of receives an application for a project of over 1 acre, they shall notify the CD or over 1 acre, they shall notify the CD or DEP within 5 daysDEP within 5 days

A municipality or county may not issue A municipality or county may not issue a building or other permit or approval a building or other permit or approval until the DEP or CD has issued the until the DEP or CD has issued the NPDES permit for the projectNPDES permit for the project

E&S RequirementsE&S Requirements

BMPs must be installed to minimize BMPs must be installed to minimize erosion and sedimentationerosion and sedimentation

For areas over 1(one) ftFor areas over 1(one) ft22, a written , a written E&S plan is requiredE&S plan is required

Written E&S plan is required when Written E&S plan is required when the receiving water is special the receiving water is special protection protection

Wayne County is 95% special Wayne County is 95% special protectionprotection

PCSM RequirementsPCSM Requirements

Codification of existing requirementsCodification of existing requirements Grandfathering provision of some of the Grandfathering provision of some of the

PCSM responsiblitiesPCSM responsiblities Long-term O&M deeding restrictions, etc.Long-term O&M deeding restrictions, etc. Mandatory use of riparian buffers as a PCSM BMPMandatory use of riparian buffers as a PCSM BMP

Licensed professional must be present for Licensed professional must be present for critical stages of construction and must critical stages of construction and must signoff on record drawingssignoff on record drawings

PCSM plan must include a riparian buffer PCSM plan must include a riparian buffer plan (if applicable)plan (if applicable)

Riparian BuffersRiparian Buffers

Required as a PCSM buffer in Required as a PCSM buffer in special protection watershedsspecial protection watersheds

A number of exemptions and waivers A number of exemptions and waivers are included for special situationsare included for special situations

Function as ABACT in special Function as ABACT in special protection watershedsprotection watersheds

Trading or offsetting is allowedTrading or offsetting is allowed Change made to 102.14(a)(2)Change made to 102.14(a)(2)

Temporary StabilizationTemporary Stabilization

If cessation will be at least 4 days, If cessation will be at least 4 days, the site must be stabilizedthe site must be stabilized

Temporary stabilization includesTemporary stabilization includes Minimum uniform coverage of mulch Minimum uniform coverage of mulch

and seed of appropriate density to and seed of appropriate density to resist erosionresist erosion

An acceptable BMP which temporarily An acceptable BMP which temporarily minimizes accelerated erosionminimizes accelerated erosion

Permanent StabilizationPermanent Stabilization Shall be done on final completion or Shall be done on final completion or

completion of any stage or phasecompletion of any stage or phase Immediate restoration of topsoil, seeded, Immediate restoration of topsoil, seeded,

mulched and protected from accelerated mulched and protected from accelerated erosionerosion

Permanent stabilization Permanent stabilization A minimum 70% uniform perennial vegetative A minimum 70% uniform perennial vegetative

cover with density able to resist erosioncover with density able to resist erosion An acceptable BMP which permanently An acceptable BMP which permanently

minimizes acceleration erosion and minimizes acceleration erosion and sedimentationsedimentation

EnforcementEnforcement Actions that can be pursued include:Actions that can be pursued include:

Investigations and inspections; response to Investigations and inspections; response to complaints; orders; civil penalty proceedings; complaints; orders; civil penalty proceedings; summary proceedings; suspension, revocation, summary proceedings; suspension, revocation, withholding, or denial of permits or approvals; withholding, or denial of permits or approvals; notices of violation; actions in court; other actions notices of violation; actions in court; other actions authorized by lawauthorized by law

DEP or CD can recover from the responsible DEP or CD can recover from the responsible party costs and expenses incurred in taking party costs and expenses incurred in taking actionsactions

Person aggrieved by an action of a Person aggrieved by an action of a conservation district shall request an informal conservation district shall request an informal hearing with DEP; determination will be made hearing with DEP; determination will be made within 30 days of the request and may be within 30 days of the request and may be appealed to the EHBappealed to the EHB

Questions?Questions?