Amendments to Chapter 102, the Pennsylvania state regulation for erosion and sediment control and stormwater management, were published as final rulemaking in the August 21, 2010 PA Bulletin. The revised regulation goes into effect on November 19, 2010.
The purpose of Chapter 102 is to protect, maintain, reclaim and restore water quality in the Commonwealth. The revised regulation, which has been in development for several years and subject to significant public review and input, incorporates the Federal Clean Water Act “Phase II” National Pollutant Discharge Elimination System (NPDES) permit requirements for stormwater discharges associated with construction activities, codifies existing post construction stormwater management (PCSM) requirements, including long-term operation and maintenance requirements of PCSM best management practices (BMPs), incorporates specific anti-degradation implementation provisions, updates agricultural planning and implementation requirements, updates erosion and sediment (E&S) control requirements, and establishes riparian buffer provisions.
Significant changes have been made in the way E&S is managed. New permit thresholds have been set as well as a new fee schedule. The permit threshold for NPDES permit has been realigned to require a permit for any disturbance equal to or greater than 1 acre.
The application fee will now include a base fee and a separate disturbed acreage fee, which Districts are required to remit to DEP.
Applications submitted to the Conservation District office prior to the November 19th effective date will be reviewed under the old guidance.