Mr. Kenneth F. Murin
PA Department of Environmental Protection
Bureau of Water Quality Protection
P.O. Box 8465
Harrisburg, PA 17105-8465

Dear Mr. Murin:

At the Agricultural Advisory Board's June 16, 1999 meeting, the Board had the opportunity to review and comment on the final rulemaking for the Chapter 102, Erosion and Sediment Control Regulations. After some discussion, the Board unanimously passed a motion recommending the following revisions be made to the regulations:

• The term "conservation plan" should be reinstated into the regulations. For the purposes of this regulation, a conservation plan shall, at a minimum, identify site-specific best management practices appropriate to address erosion and sedimentation concerns on plowed or tilled agricultural lands. This plan shall include a schedule for the implementation of the listed practices. Practices included in the conservation plan are those necessary to conform with the planning guidance outlined in the Pennsylvania Soil and Water Conservation Technical Guide, related to meeting the soil loss tolerance values ("T") for the specific soil type. These best management practices shall be designed and constructed to conform to the practice standards outlined in the PA Technical Guide.

• The following language from Section 316, The Clean Streams Law, (Act of 1937, P.L. 1987,
  No. 394), should be added to the regulations: "If the Department finds that the pollution or danger of pollution results from an act of God in the form of sediment from land for which a complete conservation plan has been developed by the local soil and water conservation district and the Soil Conservation Service, U.S.D.A. and the plan has been fully implemented and maintained, the landowner shall be excluded from the penalties of this act".

The Board then unanimously passed a motion concurring with the proposed regulations based on the recommended revisions stated above. The Board thanks the Department for the opportunity to comment on the final rulemaking for the Chapter 102 Regulations. If you have any further questions, please contact the Board's DEP Liaison, Dean Auchenbach, at 717-772-5668.