Chapter 102 Changes and Highlights

Report
Chapter 102 Changes
and Highlights
Municipal Update
Coordinating Permits
Changes and Highlights
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When permits are and are not required
Ability to create general permits
Antidegradation
Changes to administrative mechanisms
Fees
Changed or additional permit requirements
Coordination with local governments
E&S Plans
PCSM requirements
Riparian buffer requirements
Stabilization
102 Related activities
Situations Requiring a Permit
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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
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)
When permits are not required
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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 agricultural plowing or tilling
or animal heavy use areas – no E&S permit or
NPDES permit
Antidegradation
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Part of water quality standards that ensures that waters maintain
their quality and uses
Applicants have to examine no discharge alternatives (no net
change)
If no discharge alternative is not feasible, then they must use
ABACT
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
Permit fees
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General Permits
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$500 + $100/acre disturbance fee
Individual Permits
$1500 + $100/acre disturbance fee
 Includes E&S permits and ESCPGP-1
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More later
Preconstruction Meeting
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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
Attendants must include permittees,
copermittees, operators, and licensed
professionals (or designees)
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Licensed professionals should be the person doing
the critical stages of BMP installation
Coordination with local government
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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
E&S Requirements
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BMPs must be installed to minimize erosion
and sedimentation
For areas over 1(one) ft2, a written E&S plan is
required
Written E&S plan is required when the receiving
water is special protection
Wayne County is 95% special protection
PCSM Requirements
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Codification of existing requirements
Grandfathering provision of some of the PCSM
responsiblities
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Long-term O&M deeding restrictions, etc.
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
PCSM plan must include a riparian buffer plan (if
applicable)
Riparian Buffers
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Required as a PCSM buffer in special protection
watersheds
A number of exemptions and waivers are
included for special situations
Function as ABACT in special protection
watersheds
Trading or offsetting is allowed
Change made to 102.14(a)(2)
Temporary Stabilization
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If cessation will be at least 4 days, the site must
be stabilized
Temporary stabilization includes
Minimum uniform coverage of mulch and seed of
appropriate density to resist erosion
 An acceptable BMP which temporarily minimizes
accelerated erosion
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Permanent Stabilization
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Shall be done on final completion or completion
of any stage or phase
Immediate restoration of topsoil, seeded,
mulched and protected from accelerated erosion
Permanent stabilization
A minimum 70% uniform perennial vegetative cover
with density able to resist erosion
 An acceptable BMP which permanently minimizes
acceleration erosion and sedimentation
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Enforcement
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Actions that can be pursued include:
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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
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
Questions?

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