Chapter 102 Changes and Highlights Municipal Update Coordinating Permits

Changes and Highlights When permits are and are not required When permits are and are not required Ability to create general permits Ability to create general permits Antidegradation Antidegradation Changes to administrative mechanisms Changes to administrative mechanisms Fees Fees Changed or additional permit requirements Changed or additional permit requirements Coordination with local governments Coordination with local governments E&S Plans E&S Plans PCSM requirements PCSM requirements Riparian buffer requirements Riparian buffer requirements Stabilization Stabilization 102 Related activities 102 Related activities

Situations Requiring a Permit Any earth disturbance (with a few exceptions) must have an NPDES if they disturb more than 1 acre Any earth disturbance (with a few exceptions) must have an NPDES if they disturb more than 1 acre Timber harvesting and road maintenance activities greater than 25 acres must have an E&S permit Timber harvesting and road maintenance activities greater than 25 acres must have an E&S permit Oil and gas activities greater than 5 acres must have an E&S permit Oil and gas activities greater than 5 acres must have an E&S permit All permits (NPDES and E&S) must contain PCSM plans unless provided for in other ways (discussed later) All permits (NPDES and E&S) must contain PCSM plans unless provided for in other ways (discussed later)

When permits are not required Person proposing earth disturbance under another Pa. Code chapter permit (other than 92 or 102) – no NPDES Person proposing earth disturbance under another Pa. Code chapter permit (other than 92 or 102) – no NPDES Person proposing discharging dredged or fill material which is required to obtain a 404 permit – no NPDES Person proposing discharging dredged or fill material which is required to obtain a 404 permit – no NPDES Person proposing agricultural plowing or tilling or animal heavy use areas – no E&S permit or NPDES permit Person proposing agricultural plowing or tilling or animal heavy use areas – no E&S permit or NPDES permit

Antidegradation Part of water quality standards that ensures that waters maintain their quality and uses Part of water quality standards that ensures that waters maintain their quality and uses Applicants have to examine no discharge alternatives (no net change) Applicants have to examine no discharge alternatives (no net change) If no discharge alternative is not feasible, then they must use ABACT If no discharge alternative is not feasible, then they must use ABACT ABACT – Antidegradation Best Available Combination of Technologies ABACT – Antidegradation Best Available Combination of Technologies ABACT must be environmentally sound and cost effective treatment, land disposal, pollution prevention and stormwater reuse BMPs that individually or collectively manage the change in rate, volume and water quality from storm events up to and including the 2-year/24-hour storm when comparing pre to post ABACT must be environmentally sound and cost effective treatment, land disposal, pollution prevention and stormwater reuse BMPs that individually or collectively manage the change in rate, volume and water quality from storm events up to and including the 2-year/24-hour storm when comparing pre to post

Permit fees General Permits General Permits $500 + $100/acre disturbance fee $500 + $100/acre disturbance fee Individual Permits Individual Permits $ $100/acre disturbance fee $ $100/acre disturbance fee Includes E&S permits and ESCPGP-1 Includes E&S permits and ESCPGP-1 More later More later

Preconstruction Meeting Meeting is required unless the DEP or CD inform the permittee in writing Meeting is required unless the DEP or CD inform the permittee in writing Permittee will invite DEP and CD to meeting and give at least 7 days notice of the meeting Permittee will invite DEP and CD to meeting and give at least 7 days notice of the meeting Attendants must include permittees, copermittees, operators, and licensed professionals (or designees) Attendants must include permittees, copermittees, operators, and licensed professionals (or designees) Licensed professionals should be the person doing the critical stages of BMP installation Licensed professionals should be the person doing the critical stages of BMP installation

Coordination with local government If a municipality or county issues building permits or other permits and receives an application for a project of over 1 acre, they shall notify the CD or DEP within 5 days If a municipality or county issues building permits or other permits and receives an application for a project of over 1 acre, they shall notify the CD or DEP within 5 days A municipality or county may not issue a building or other permit or approval until the DEP or CD has issued the NPDES permit for the project A municipality or county may not issue a building or other permit or approval until the DEP or CD has issued the NPDES permit for the project

E&S Requirements BMPs must be installed to minimize erosion and sedimentation BMPs must be installed to minimize erosion and sedimentation For areas over 1(one) ft 2, a written E&S plan is required For areas over 1(one) ft 2, a written E&S plan is required Written E&S plan is required when the receiving water is special protection Written E&S plan is required when the receiving water is special protection Wayne County is 95% special protection Wayne County is 95% special protection

PCSM Requirements Codification of existing requirements Codification of existing requirements Grandfathering provision of some of the PCSM responsiblities Grandfathering provision of some of the PCSM responsiblities Long-term O&M deeding restrictions, etc. Long-term O&M deeding restrictions, etc. Mandatory use of riparian buffers as a PCSM BMP Mandatory use of riparian buffers as a PCSM BMP Licensed professional must be present for critical stages of construction and must signoff on record drawings Licensed professional must be present for critical stages of construction and must signoff on record drawings PCSM plan must include a riparian buffer plan (if applicable) PCSM plan must include a riparian buffer plan (if applicable)

Riparian Buffers Required as a PCSM buffer in special protection watersheds Required as a PCSM buffer in special protection watersheds A number of exemptions and waivers are included for special situations A number of exemptions and waivers are included for special situations Function as ABACT in special protection watersheds Function as ABACT in special protection watersheds Trading or offsetting is allowed Trading or offsetting is allowed Change made to (a)(2) Change made to (a)(2)

Temporary Stabilization If cessation will be at least 4 days, the site must be stabilized If cessation will be at least 4 days, the site must be stabilized Temporary stabilization includes Temporary stabilization includes Minimum uniform coverage of mulch and seed of appropriate density to resist erosion Minimum uniform coverage of mulch and seed of appropriate density to resist erosion An acceptable BMP which temporarily minimizes accelerated erosion An acceptable BMP which temporarily minimizes accelerated erosion

Permanent Stabilization Shall be done on final completion or completion of any stage or phase Shall be done on final completion or completion of any stage or phase Immediate restoration of topsoil, seeded, mulched and protected from accelerated erosion Immediate restoration of topsoil, seeded, mulched and protected from accelerated erosion Permanent stabilization Permanent stabilization A minimum 70% uniform perennial vegetative cover with density able to resist erosion A minimum 70% uniform perennial vegetative cover with density able to resist erosion An acceptable BMP which permanently minimizes acceleration erosion and sedimentation An acceptable BMP which permanently minimizes acceleration erosion and sedimentation

Enforcement Actions that can be pursued include: Actions that can be pursued include: Investigations and inspections; response to complaints; orders; civil penalty proceedings; summary proceedings; suspension, revocation, withholding, or denial of permits or approvals; notices of violation; actions in court; other actions authorized by law Investigations and inspections; response to complaints; orders; civil penalty proceedings; summary proceedings; suspension, revocation, withholding, or denial of permits or approvals; notices of violation; actions in court; other actions authorized by law DEP or CD can recover from the responsible party costs and expenses incurred in taking actions DEP or CD can recover from the responsible party costs and expenses incurred in taking actions Person aggrieved by an action of a conservation district shall request an informal hearing with DEP; determination will be made within 30 days of the request and may be appealed to the EHB Person aggrieved by an action of a conservation district shall request an informal hearing with DEP; determination will be made within 30 days of the request and may be appealed to the EHB

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