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 102.5 - Permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Other
						than agricultural plowing or tilling activities, animal heavy use areas, timber
						harvesting activities or road maintenance activities, a person proposing an
						earth disturbance activity that involves equal to or greater than 1 acre (0.4
						hectare) of earth disturbance, or an earth disturbance on any portion, part, or
						during any stage of, a larger common plan of development or sale that involves
						equal to or greater than 1 acre (0.4 hectare) of earth disturbance, shall
						obtain an individual NPDES Permit or coverage under a general NPDES permit for
						Stormwater Discharges Associated With Construction Activities prior to
						commencing the earth disturbance activity. In addition to other applicable
						requirements, persons required to obtain an Individual NPDES Permit for
						Stormwater Discharges Associated With Construction Activities for projects
						proposed in special protection watersheds shall evaluate and use BMPs in
						accordance with antidegradation requirements in §§
												102.4(b)(6) and
						102.8(h)
						(relating to erosion and sediment control requirements; and PCSM requirements)
						regardless of whether the discharge is new, additional or increased.
(b) A person proposing a timber harvesting or
						road maintenance activity involving 25 acres (10 hectares) or more of earth
						disturbance shall obtain an E&S Permit under this chapter prior to
						commencing the earth disturbance activity.
(c) A person proposing oil and gas activities
						that involve 5 acres (2 hectares) or more of earth disturbance over the life of
						the project shall obtain an E&S Permit under this chapter prior to
						commencing the earth disturbance activity.
(d) Other than agricultural plowing or
						tilling activities, animal heavy use areas, timber harvesting or road
						maintenance activities, a person proposing earth disturbance activities that
						involve 5 acres (2 hectares) or more of earth disturbance over the life of the
						project that do not require a permit under subsections (a), (b), and (c), shall
						obtain an E&S Permit under this chapter prior to commencing the earth
						disturbance activity.
(e) For earth
						disturbance activities authorized by a permit under this chapter, a
						preconstruction meeting is required unless the permittee has been notified
						otherwise in writing by the Department or conservation district. The permittee
						shall invite the Department or conservation district to attend the
						preconstruction meeting and provide at least 7 days notice of the
						preconstruction meeting to all invited attendees. Permittees, co-permittees,
						operators, and licensed professionals or designees responsible for the earth
						disturbance activity, including implementation of E&S and PCSM Plans and
						critical stages of implementation of the approved PCSM Plan, shall attend a
						preconstruction meeting.
(f) A
						person proposing earth disturbance activities requiring a permit or permit
						coverage under this chapter shall be responsible to ensure implementation of
						the PCSM Plan.
(g) A person
						proposing or conducting an earth disturbance activity approved under a
						Department permit issued under a chapter other than Chapter 92 (relating to
						National Pollutant Discharge Elimination System permitting, monitoring and
						compliance) or this chapter, which includes requirements to comply with Chapter
						92 and this chapter, need not obtain an additional E&S Permit or NPDES
						Permit for Stormwater Discharges Associated With Construction
						Activities.
(h) Operators who are
						not the permittee shall be co-permittees.
(i) A person proposing or conducting an earth
						disturbance activity associated with discharging dredged or fill material to
						waters of the United States which is required to obtain a permit or coverage
						under a permit under section 404 of the Federal Clean Water Act (33 U.S.C.A. §
													1344) need not obtain an additional E&S
						Permit or NPDES Permit for Stormwater Discharges Associated With Construction
						Activities for the area of disturbance covered by the Clean Water Act section
						404 permit.
(j) A person proposing
						or conducting agricultural plowing or tilling activities or animal heavy use
						areas is not required to obtain an E&S Permit, or an NPDES Permit for
						Stormwater Discharges Associated With Construction Activities, for these
						activities under this chapter.
(k)
						A person proposing or conducting an earth disturbance activity who is not
						required to obtain a permit under this chapter shall comply with the other
						provisions of this chapter.
(l) A
						person shall prepare and implement a PPC Plan when storing, using or
						transporting materials including: fuels, chemicals, solvents, pesticides,
						fertilizers, lime, petrochemicals, wastewater, wash water, core drilling
						wastewater, cement, sanitary wastes, solid wastes or hazardous materials onto,
						on or from the project site during earth disturbance activities. The PPC Plan
						shall be available upon request by the Department or conservation
						district.
(m) The Department may
						issue general permits for activities not subject to NPDES requirements.
(1)
Authorization.
The
						Department may issue a general permit on a regional or Statewide basis or
						limited to specific watersheds, particular categories of streams or designated
						geographic regions, for a category of activities not subject to the NPDES
						requirements, but regulated under this chapter, if the Department determines
						the following:
(i) The projects in the
						category are similar in nature.
(ii) The projects in the category can be
						adequately regulated utilizing standardized specifications and conditions,
						including reference to specific criteria and requirements adopted by another
						Federal or State agency which adequately regulate the particular category of
						activities.
(iii) The projects
						which are in the category and meet the specifications and conditions will
						comply with this chapter.
(iv) The
						projects which are in the category in the opinion of the Department are more
						appropriately controlled under a general permit than under individual
						permits.
(v) The projects which are
						in the category individually and cumulatively do not have the potential to
						cause significant adverse environmental impact.