Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 102 - EROSION AND SEDIMENT CONTROL › GENERAL PROVISIONS › Section 102.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
ABACT-Antidegradation best available
						  combination of technologies
- Environmentally sound and cost effective
						  treatment, land disposal, pollution prevention and stormwater reuse BMPs that
						  individually or collectively manage the difference in the net change in
						  stormwater volume, rate, and quality for storm events up to and including the
						  2-year/24-hour storm when compared to the stormwater rate, volume and quality
						  prior to the earth disturbance activities to maintain and protect the existing
						  quality of the receiving surface waters of this Commonwealth.
Accelerated erosion
-The removal of the
						  surface of the land through the combined action of human activities and the
						  natural processes, at a rate greater than would occur because of the natural
						  process alone.
Act 167
-The Storm Water Management Act
						  (32
						  P.S. §§
													680.1-680.17)
Agricultural operation
-The management
						  and use of farming resources for production of crops, livestock, or poultry, or
						  for equine activity.
Agricultural plowing
or
tilling activity
-
(i)
						Earth disturbance activity involving the preparation and maintenance of soil
						for the production of agricultural crops.
(ii) The term includes no-till cropping
						methods, the practice of planting crops with minimal mechanical
						tillage.
Along
-Touching or contiguous; to be
						  in contact with; to abut upon.
Animal heavy use area
-
(i) Barnyard, feedlot, loafing area, exercise
						lot, or other similar area on an agricultural operation where due to the
						concentration of animals it is not possible to establish and maintain
						vegetative cover of a density capable of minimizing accelerated erosion and
						sedimentation by usual planting methods.
(ii) The term does not include entrances,
						pathways and walkways between areas where animals are housed or kept in
						concentration.
BMPs-Best management practices
-Activities, facilities, measures, planning or procedures used to minimize
						  accelerated erosion and sedimentation and manage stormwater to protect,
						  maintain, reclaim, and restore the quality of waters and the existing and
						  designated uses of waters within this Commonwealth before, during, and after
						  earth disturbance activities.
Channel
-A natural or manmade water
						  conveyance.
Conservation district
-A conservation
						  district, as defined in section 3(c) of the Conservation District Law
						  (3
						  P.S. §
													851(c)), which
						  has the authority under a delegation agreement executed with the Department to
						  administer and enforce all or a portion of the erosion, sediment, and
						  stormwater management program in this Commonwealth.
Conservation plan
-A plan that
						  identifies conservation practices and includes site specific BMPs for
						  agricultural plowing or tilling activities and animal heavy use areas.
Disturbed area
-Unstabilized land area
						  where an earth disturbance activity is occurring or has occurred.
Earth disturbance activity
-A
						  construction or other human activity which disturbs the surface of the land,
						  including land clearing and grubbing, grading, excavations, embankments, land
						  development, agricultural plowing or tilling, operation of animal heavy use
						  areas, timber harvesting activities, road maintenance activities, oil and gas
						  activities, well drilling, mineral extraction, and the moving, depositing,
						  stockpiling, or storing of soil, rock or earth materials.
Erosion
-The natural process by which
						  the surface of the land is worn away by water, wind or chemical action.
E&S Permit-Erosion and Sediment Control
						  Permit
-A permit required for earth disturbance activities where the
						  earth disturbance is associated with timber harvesting, road maintenance
						  activities, or oil and gas activities.
E&S Plan-Erosion and Sediment Control
						  Plan
-A site-specific plan consisting of both drawings and a narrative
						  that identifies BMPs to minimize accelerated erosion and sedimentation before,
						  during and after earth disturbance activities.
Intermittent stream
-A body of water
						  flowing in a channel or bed composed primarily of substrates associated with
						  flowing water, which, during periods of the year, is below the local water
						  table and obtains its flow from both surface runoff and groundwater
						  discharges.
Licensed professional
-Professional
						  engineers, landscape architects, geologists and land surveyors licensed to
						  practice in this Commonwealth.
Long-term operation and maintenance
-The routine inspection, maintenance, repair or replacement of a BMP to ensure
						  proper function for the duration of time that the BMP is needed.
Municipality
-A county, city, borough,
						  town, township, school district, institution or authority or another public
						  body created by or pursuant to State law. For purposes of this definition, town
						  includes an incorporated town.
NOI-Notice of Intent
-A request, on a
						  form provided by the Department, for coverage under a General NPDES Permit for
						  Stormwater Discharges Associated With Construction Activities or an E&S
						  Permit.
NPDES-National Pollutant Discharge Elimination
						  System
-The National system for the issuance of permits under section
						  402 of the Federal Clean Water Act (33 U.S.C.A. §
													1342) including
						  a state or interstate program which has been approved in whole or in part by
						  the EPA, including the regulations codified in Chapter 92 (relating to National
						  Pollutant Discharge Elimination System permitting, monitoring and compliance),
						  and as specified in this chapter.
NPDES Permit for Stormwater Discharges
						  Associated With Construction Activities
-A permit required for the
						  discharge or potential discharge of stormwater into waters of this Commonwealth
						  from construction activities, including clearing and grubbing, grading and
						  excavation activities involving 1 acre (0.4 hectare) or more of earth
						  disturbance activity or an earth disturbance activity on any portion, part, or
						  during any stage of, a larger common plan of development or sale that involves
						  1 acre (0.4 hectare) or more of earth disturbance activity over the life of the
						  project.
Nondischarge
						  alternative
-Environmentally sound and cost-effective BMPs that
						  individually or collectively eliminate the net change in stormwater volume,
						  rate and quality for storm events up to and including the 2-year/24-hour storm
						  when compared to the stormwater rate, volume and quality prior to the earth
						  disturbance activities to maintain and protect the existing quality of the
						  receiving surface waters of this Commonwealth.
Normal pool elevation
-
(i) For bodies of water which have no
						structural measures to regulate height of water, the height of water at
						ordinary stages of low water unaffected by drought.
(ii) For structurally regulated bodies of
						water, the elevation of the spillway, outlet control, or dam crest which
						maintains the body of water at a specified height.
(iii) The term does not apply to
						wetlands.
Notice of termination
-A request, on a
						  form provided by the Department, to terminate coverage under a General or
						  Individual NPDES Permit for Stormwater Discharges Associated With Construction
						  Activities or other permits under this chapter.
Oil and gas activities
-Earth
						  disturbance associated with oil and gas exploration, production, processing, or
						  treatment operations or transmission facilities.
Operator
-A person who has one or more
						  of the following:
(i) Oversight
						responsibility of earth disturbance activity on a project site or a portion
						thereof who has the ability to make modifications to the E&S Plan, PCSM
						Plan or site specifications.
(ii)
						Day-to-day operational control over earth disturbance activity on a project
						site or a portion thereof to ensure compliance with the E&S Plan or PCSM
						Plan.
PCSM
-Post construction stormwater
						  management.
PCSM plan
-A site-specific plan
						  consisting of both drawings and a narrative that identifies BMPs to manage
						  changes in stormwater runoff volume, rate and water quality after earth
						  disturbance activities have ended and the project site is permanently
						  stabilized.
PPC plan-Preparedness, Prevention and
						  Contingency Plan
-A written plan that identifies an emergency response
						  program, material and waste inventory, spill and leak prevention and response,
						  inspection program, housekeeping program, security and external factors, and
						  that is developed and implemented at the construction site to control potential
						  discharges of pollutants other than sediment into waters of this
						  Commonwealth.
Perennial stream
-A body of water
						  flowing in a channel or bed composed primarily of substrates associated with
						  flowing waters and capable, in the absence of pollution or other manmade stream
						  disturbances, of supporting a benthic macro-invertebrate community which is
						  composed of two or more recognizable taxonomic groups of organisms which are
						  large enough to be seen by the unaided eye and can be retained by a United
						  States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live
						  at least part of their life cycles within or upon available substrates in a
						  body of water or water transport system.
Perimeter BMPs
-BMPs placed or
						  constructed along the perimeter of an earth disturbance area to prevent runoff
						  from entering the disturbed area, or to capture and treat sediment runoff prior
						  to leaving a disturbed area.
Permanent stabilization
-Long-term
						  protection of soil and water resources from accelerated erosion.
Person
-Any operator, individual,
						  public or private corporation, partnership, association, municipality or
						  political subdivision of this Commonwealth, institution, authority, firm,
						  trust, estate, receiver, guardian, personal representative, successor, joint
						  venture, joint stock company, fiduciary; Department, agency or instrumentality
						  of State, Federal or local government, or an agent or employee thereof; or any
						  other legal entity.
Pollutant
-Any contaminant or other
						  alteration of the physical, chemical, biological or radiological integrity of
						  surface water which causes or has the potential to cause pollution as defined
						  in section 1 of The Clean Streams Law (35 P. S. §
													691.1).
Post construction
						  stormwater
-Stormwater associated with a project site after the earth
						  disturbance activity has been completed and the project site is permanently
						  stabilized.
Project site
-The entire area of
						  activity, development, lease or sale including:
(i) The area of an earth disturbance
						activity.
(ii) The area planned for
						an earth disturbance activity.
(iii) Other areas which are not subject to an
						earth disturbance activity.
Riparian buffer
-A BMP that is an area
						  of permanent vegetation along surface waters.
Riparian forest buffer
-A type of
						  riparian buffer that consists of permanent vegetation that is predominantly
						  native trees, shrubs and forbs along surface waters that is maintained in a
						  natural state or sustainably managed to protect and enhance water quality,
						  stabilize stream channels and banks, and separate land use activities from
						  surface waters.
Road maintenance activities
-
(i) Earth disturbance activities within the
						existing road cross-section or railroad right-of-way including the following:
(A) Shaping or restabilizing unpaved
						roads.
(B) Shoulder
						grading.
(C) Slope
						stabilization.
(D) Cutting of
						existing cut slopes.
(E) Inlet and
						endwall cleaning.
(F) Reshaping and
						cleaning drainage ditches and swales.
(G) Pipe cleaning.
(H) Pipe replacement.
(I) Support activities incidental to
						resurfacing activities such as minor vertical adjustment to meet grade of
						resurfaced area.
(J) Ballast
						cleaning.
(K) Laying additional
						ballast.
(L) Replacing ballast,
						ties and rails.
(M) Other similar
						activities.