ANNEX A
CHAPTER 102. EROSION CONTROL
GENERAL PROVISIONS
Sec.
102.2. Scope AND PURPOSE.
102.3. [Purpose] RESERVED.
EROSION AND [SEDIMENTATION] SEDIMENT POLLUTION CONTROL
[MEASURES AND FACILITIES] BEST MANAGEMENT PRACTICES
102.11. General requirements.
102.12. [Control measures] BEST MANAGEMENT PRACTICES.
102.13. [Control facilities.] RESERVED.
[RESTORATION] FINAL STABILIZATION
102.21.[Applicability.] RESERVED.
102.22. PERMANENT Stabilization
102.23. [Interim control measures.] RESERVED.
102.24. Final measures.
PERMITS [AND PLANS]
102.31. Permit requirements.
102.32. Application for permit.
RESPONSIBILITIES OF LOCAL GOVERNING BODIES
102.41. Administration by local governing bodies.
102.42. Notification of application for [building] permits.
102.43. Withholding [building] permits.
IMPLEMENTATION
102.51. [Effective dates] (RESERVED).
GENERAL PROVISIONS
§ 102.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Accelerated erosion-The removal of the surface of the land through the combined action of man's activities and the natural processes, at a rate greater than would occur because of the natural process alone.
BEST MANAGEMENT PRACTICES (BMPs)- MANAGEMENT ACTIVITIES, FACILITIES, MEASURES, OR PROCEDURES USED TO MINIMIZE POLLUTION TO WATERS OF THE COMMONWEALTH.
COLLECTOR- A FACILITY, INCLUDING A CHANNEL, DIKE, OR OTHER CONVEYANCE, CONSTRUCTED DOWNSLOPE OF EARTH DISTURBANCE ACTIVITY FOR THE PURPOSE OF COLLECTING SITE RUNOFF FROM DISTURBED AREAS AND CONVEYING IT TO A SEDIMENT REMOVAL FACILITY.
Conservation plan-A plan that identifies [conservation practices] BEST MANAGEMENT PRACTICES FOR AGRICULTURAL PLOWING AND TILLING. [and, at the very least, includes] A CONSERVATION PLAN WHICH INCLUDES LOCATION, LAND USE, TILLAGE SYSTEMS, AND CONSERVATION TREATMENT MEASURES AND SCHEDULES IS CONSIDERED TO BE an erosion and [sedimentation] SEDIMENT POLLUTION control plan.
[Department-The Department of Environmental Protection of the Commonwealth.]
Diversion [terrace]-A channel, TERRACE, or dike constructed up-slope of a project for the purpose of diverting [storm water] RUNOFF away from [the unprotected slope] A DISTURBED AREA.
[Earthmoving] EARTH DISTURBANCE activity-A construction or other activity CONDUCTED BY MAN which disturbs the surface of the land, including, but not limited to, GRUBBING, excavations, embankments, land development, [subdivision development,] PLOWING AND TILLING, mineral extraction, and the moving, depositing, STOCKPILING, or storing of soil, rock or earth MATERIALS.
[Embankment or fill-A deposit of soil, rock or other material placed by man.]
Erosion-The natural process by which the surface of the land is worn away by the action of water, wind or chemical action.
Erosion and [Sedimentation] SEDIMENT POLLUTION Control Plan-A SITE SPECIFIC plan [which is designed] IDENTIFYING BEST MANAGEMENT PRACTICES to minimize accelerated erosion and [sedimentation] SEDIMENT POLLUTION FROM EARTH DISTURBANCE ACTIVITIES.
[Excavation-A cavity formed by digging, quarrying, uncovering, displacing or relocating soil or rock.]
[Interceptor channel-A channel or dike constructed across a slope for the purpose of intercepting stormwater, reducing the velocity of flow and diverting it to outlets where it may be disposed.]
[Land developer-A person who is engaged in land development as the principal rather than an agent or contractor.]
Land development-[The] ANY [constructing, installing, placing, planting or building of surface structures] CONSTRUCTION, INSTALLATION, DEMOLITION, OR EARTH DISTURBANCE ACTIVITIES ASSOCIATED WITH LAND USE CHANGES INCLUDING BUT NOT LIMITED TO utility lines,[shopping centers and malls] COMMERCIAL AND RESIDENTIAL DEVELOPMENT, golf course DEVELOPMENT, [apartment complexes, schools,] roads, highways and parking areas or other similar [activity] ACTIVITIES.
[Municipality-A county, city, borough, town, township, school district, institution or authority created by any one or more of the foregoing. For purposes of this definition, town shall include an incorporated town.]
[Person-A natural person, partnership, association or corporation.]
Sediment-Soils or other [surficial] materials transported by surface water as a product of erosion.
[Sedimentation-The process by which sediment is deposited on stream bottoms.]
SEDIMENT POLLUTION- THE PLACEMENT, DISCHARGE OR OTHER INTRODUCTION OF MATERIALS WHICH ARE PRODUCTS OF ACCELERATED EROSION FROM AN EARTHMOVING ACTIVITY INTO THE WATERS OF THE COMMONWEALTH, AND RESULTS FROM THE FAILURE TO DESIGN, CONSTRUCT, IMPLEMENT OR MAINTAIN BEST MANAGEMENT PRACTICES IN ACCORDANCE WITH THIS CHAPTER.
Stabilization-The proper placing, grading, COMPACTING, CONSTRUCTING, REINFORCING, LINING, OR [and] covering of soil, rock or earth to insure their resistance to erosion, sliding or other movement.
[Subdivision-The division or redivision of a lot, tract or parcel of land by a means into two or more lots, tracts, parcels or other division of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development.]
WATERCOURSE- A CHANNEL OR
CONVEYANCE OF SURFACE WATER HAVING DEFINED BED AND BANKS, WHETHER
NATURAL OR ARTIFICIAL, WITH PERENNIAL OR INTERMITTENT FLOW.
§ 102.2. Scope[.] AND PURPOSE.
This chapter imposes requirements [on earthmoving activities which create accelerated erosion or a danger of accelerated erosion and which require planning and implementation of effective soil conservation measures] FOR PLANNING, IMPLEMENTING AND MAINTAINING BEST MANAGEMENT PRACTICES FOR EARTH DISTURBANCE ACTIVITIES TO MINIMIZE SEDIMENT POLLUTION TO WATERS OF THE COMMONWEALTH. EARTHMOVERS ARE ENCOURAGED TO UTILIZE POLLUTION PREVENTION TECHNIQUES TO MINIMIZE ACCELERATED EROSION AND SEDIMENT POLLUTION.
[§ 102.3. Purpose. ] RESERVED.
[This chapter controls accelerated erosion and the resulting sedimentation of waters of this Commonwealth thereby preventing the pollution of these waters from sediment and from fertilizers, pesticides and other polluting substances carried by sediment. ]
§ 102.4. General.
(a) [Earthmoving] EARTH DISTURBANCE activities within this Commonwealth shall be conducted in such a way as to [prevent] MINIMIZE accelerated erosion and the resulting [sedimentation.] SEDIMENT POLLUTION. To accomplish this, except as provided in subsection 102.4 (b) , a landowner, person or municipality engaged in [earthmoving] EARTH DISTURBANCE activities shall develop, implement and maintain erosion and [sedimentation] SEDIMENT POLLUTION control [measures] BEST MANAGEMENT PRACTICES which effectively minimize accelerated erosion and [sedimentation] SEDIMENT POLLUTION. These erosion and [sedimentation measures] SEDIMENT POLLUTION CONTROL BEST MANAGEMENT PRACTICES shall be [set forth] DETAILED in a plan as [set forth] DESCRIBED in § 102.5 (relating to erosion and [sedimentation] SEDIMENT POLLUTION control plan) and be available at all times at the site of the activity. The Department or its designee may, at its discretion, require this plan to be filed [with] FOR REVIEW BY the Department or [its designee] THE DELEGATED COUNTY OR OTHER UNIT OF LOCAL GOVERNMENT. DEVELOPMENT OF AN EROSION CONTROL PLAN IS NOT REQUIRED FOR PROJECTS CONSISTING OF LESS THAN 5,000 SQUARE FEET OF EARTH DISTURBANCE, UNLESS THE EARTH DISTURBANCE ACTIVITY IS WITHIN 50 FEET OF A WATERCOURSE.
(b) In the case of agricultural plowing and tilling, the landowner shall be responsible for developing and implementing the [erosion and sedimentation control plan.] CONSERVATION PLAN, WHICH CONTAINS EROSION AND SEDIMENT POLLUTION CONTROL BEST MANAGMENT PRACTICES. The landowner may delegate his obligation to implement the plan [or parts thereof,] by written agreement, to a tenant or lessee. [If an agreement exists, the tenant or lessee shall be responsible for implementing those provisions delegated under the agreement.]
§ 102.5. Erosion and [sedimentation] SEDIMENT POLLUTION control plan.
(a) The erosion and [sedimentation] SEDIMENT POLLUTION control plan shall be prepared by a person trained and experienced in erosion and [sedimentation] SEDIMENT POLLUTION control methods and techniques.
(b) The erosion and [sedimentation] SEDIMENT POLLUTION control plan shall be designed to [prevent] MINIMIZE accelerated erosion and [sedimentation] SEDIMENT POLLUTION and shall consider all factors which contribute to erosion and [sedimentation] SEDIMENT POLLUTION, including, but not limited to, the following:
(1) The EXISTING topographic features of the project [area] AND IMMEDIATE SURROUNDING AREAS.
(2) The types, depth, slope [and areal extent] LOCATIONS AND LIMITATIONS of the soils.
(3) The proposed alteration to the area.
(4) The amount of runoff from the project area and the upstream watershed area.
(5) The staging of [earthmoving] BEST MANAGEMENT PRACTICES PRIOR TO AND DURING EARTH DISTURBANCE activities.
[(6) Temporary control measures and facilities for use during earth moving.
(6) THE TEMPORARY AND PERMANENT BEST MANAGEMENT PRACTICES REQUIRED FOR THE EARTH DISTURBANCE ACTIVITY AND FINAL STABILIZATION OF THE PROJECT.
[(8)] (7) A maintenance program for the [control facilities] BEST MANAGEMENT PRACTICES including REMOVAL AND disposal of materials [removed] from the [control facilities or project area.] BEST MANAGEMENT PRACTICES.
EROSION AND [SEDIMENTATION] SEDIMENT POLLUTION CONTROL [MEASURES
AND FACILITIES] BEST MANAGEMENT PRACTICES
§ 102.11. General requirements.
The erosion and [sedimentation] SEDIMENT POLLUTION control [facilities] BEST MANAGEMENT PRACTICES set forth in §§ 102.12 [and 102.13 (relating to control measures; and control facilities)] (RELATING TO BEST MANGEMENT PRACTICES) shall be appropriately incorporated into ALL [earthmoving] EARTH DISTURBANCE activities unless the designer of the erosion and [sedimentation] SEDIMENT POLLUTION control plan shows that alteration of these [measures and facilities] BEST MANAGEMENT PRACTICES or inclusion of other [measures and facilities] BEST MANGEMENT PRACTICES shall [prevent] MINIMIZE accelerated erosion and [sedimentation] SEDIMENT POLLUTION.
§ 102.12. [Control measures.] BEST MANAGEMENT PRACTICES.
BEST MANAGEMENT PRACTICES INCLUDE:
[(a)] (1) Limiting exposed areas. [Earthmoving] EARTH DISTURBANCE activities shall be planned AND CONDUCTED in such a manner as to minimize the [areal] extent of disturbed land.
[(b)] (2) Surface water diversion. Surface water shall be diverted away from the [project] DISTURBED area. TEMPORARY BEST MANAGEMENT PRACTICES THAT DIVERT OR CARRY WATER SHALL BE DESIGNED TO HAVE SUFFICIENT CAPACITY TO CONVEY 1.6 CUBIC FEET PER SECOND (CFS) PER ACRE OF TRIBUTARY DRAINAGE, OR THE PEAK DISCHARGE FROM A TWO-YEAR STORM EVENT. THE CAPACITY SHALL BE 2.75 CFS PER ACRE OF TRIBUTARY DRAINAGE, OR THE PEAK DISCHARGE FROM A TEN-YEAR FREQUENCY STORM EVENT FOR PERMANENT BEST MANAGEMENT PRACTICES.
[(c)] (3) Velocity control. [Permanent facilities for the conveyance of] TEMPORARY AND PERMANENT DIVERSIONS AND CHANNELS WHICH CONVEY water around, through or from the project area shall be designed [or contain facilities] to limit the velocity of flow [in the facilities] IN THE DIVERSION OR CHANNEL to [less than 1.5] 2.0 feet per second. WHENEVER IT IS NOT POSSIBLE TO MAINTAIN VELOCITY CONTROL TO 2.0 FEET PER SECOND, THE DIVERSION OR CHANNEL SHALL BE PROVIDED WITH A SUITABLE EROSION RESISTANT LINING.
[(d)] (4) PERMANENT Stabilization. [Slopes, channels, ditches or a] ALL disturbed [area] AREAS shall be stabilized [as soon as possible] after the final grade or final [earth moving has been] EARTH DISTURBANCE ACTIVITES ARE completed.
[(e)] (5) Interim stabilization. If it is not possible to permanently stabilize a disturbed area immediately after the FINAL GRADE OR final earth [moving] DISTURBANCE has been completed or [where] ANYWHERE the EARTH DISTURBANCE activity ceases for more than 20 days, interim stabilization [measures] BEST MANAGEMENT PRACTICES shall be implemented promptly.
[(f)] (6) Collection of runoff. Runoff from a [project] DISTURBED area shall be collected and diverted to [facilities] BEST MANAGEMENT PRACTICES SUCH AS SEDIMENT BASINS AND SEDIMENT TRAPS for removal of sediment.
[(g)] (7) Solids separation. Runoff from a [project] DISTURBED area may not be discharged into the waters of this Commonwealth without means to prevent [sedimentation] SEDIMENT POLLUTION.
[§ 102.13. Control facilities.]
[(a)] (8) [Diversion terraces] DIVERSIONS AND CHANNELS. [The following applies to diversion terraces: ]
[(1)] (i) TEMPORARY OR PERMANENT [Diversion terraces] DIVERSIONS shall be constructed [up-grade] UPSLOPE of a [project] DISTURBED area to convey runoff around the [project] DISTURBED area. [For temporary diversion, the channel shall have a capacity to convey 1.6 cubic feet per second per acre of land tributary to it. For permanent diversion, the channel shall have a capacity to convey 2.75 cubic feet per second per acre of land tributary to it.]
[(2) Diversion terraces shall be grassed or lined with erosion resistant material to prevent accelerated erosion within the channel .
(3) Outlet structures shall be designed to maintain a discharge velocity of less than three feet per second and shall be stabilized before use.]
(ii) CHANNELS SHOULD BE USED TO CONVEY WATER THROUGH OR FROM THE PROJECT AREA.
[(b) Interceptor channels. The following applies to interceptor channels:
(1) Interceptor channels may be used within a project area to reduce the velocity of flow and thus prevent accelerated erosion.
(2) Water collected by interceptor channels shall be conveyed to sedimentation basins or to vegetated areas but not directly to streams.
(3) Outlets to vegetated areas shall be designed to maintain an outlet velocity of less than three feet per second.
(c) Channels of conveyance. Channels used to convey water through a project area shall be designed to have a velocity of less than 1 1/2 feet per second. If this is not possible, the channel shall be grassed or lined with erosion resistant material.]
(i) OUTLET STRUCTURES SHALL BE DESIGNED TO MAINTAIN A DISCHARGE VELOCITY OF LESS THAN 3.0 FEET PER SECOND (FPS).
(ii) WHENEVER IT IS NOT POSSIBLE TO MAINTAIN A DISCHARGE VELOCITY OF LESS THAN 3.0 FPS, SUITABLE OUTLET PROTECTION MUST BE PROVIDED.
(iii) ALL OUTLET STRUCTURES SHALL BE STABILIZED BEFORE USE.
[(d)] (10) [Sedimentation] SEDIMENT basins. [The following applies to sedimentation basins.]
[(1)] (i) A [sedimentation] SEDIMENT basin shall have a SEDIMENT STORAGE capacity of [7,000 ] 2,000 cubic feet for each acre of [project] DISTURBED area tributary to it AND AN ADDITIONAL 5,000 CUBIC FEET OF STORAGE CAPACITY FOR EVERY ACRE, DISTURBED AND UNDISTURBED AREA TRIBUTARY TO IT. [and]
(ii) SEDIMENT BASINS shall be provided with a 24-inch freeboard[.] ABOVE THE MAXIMUM DESIGNED WATER LEVEL.
[(2)] (iii) The basin shall be cleaned when the ACCUMULATED SEDIMENT EXCEEDS THE SEDIMENT storage capacity of the basin . [is reduced to 5,000 cubic feet per acre of project area tributary to it.]
[(3)] (iv) Outlet structures shall be designed to pass a minimum flow of 2 cubic feet per second (CFS) for each acre [of project area] tributary to the basin.
(A) THE ENTIRE 2 CFS DISCHARGE CAPACITY MUST BE PROVIDED ABOVE THE MINIMUM STORAGE ELEVATION.
(B) A MINIMUM OF 24 INCHES OF FREEBOARD MUST BE PROVIDED ABOVE THE ELEVATION OF THE 2 CFS DISCHARGE CAPACITY.
(C) EVERY SEDIMENT BASIN SHALL BE PROVIDED WITH AN EMERGENCY SPILLWAY.
[(4)] (v) The discharge from a [sedimentation] SEDIMENT basin shall be to a [natural waterway] WATER OF THE COMMONWEALTH CAPABLE OF RECEIVING THE DISCHARGE WITHOUT CAUSING ACCELERATED EROSION OR SEDIMENT POLLUTION TO WATERS OF THE COMMONWEALTH.
[(5)] (vi) [Sedimentation] SEDIMENT basins shall be structurally sound and protected from unauthorized acts of third parties.
(vii) IN ADDITION TO THE REQUIREMENTS OF
THIS SECTION, SEDIMENT BASINS REQUIRING PERMITS UNDER THE DAM
SAFETY AND ENCROACHMENT ACT (32 P.S. §§ 693.1 ET SEQ) ARE
REQUIRED TO MEET THE DESIGN, CONSTRUCTION, OPERATION AND
MAINTENANCE AND OTHER PERMIT REQUIREMENTS OF TITLE 25, CHAPTER
105 (RELATING TO DAM SAFETY AND WATERWAY MANAGEMENT).
§102.13. RESERVED.
[RESTORATION] PERMANENT STABILIZATION
§ 102.21. [Applicability] RESERVED.
[Sections 102.21-102.24 apply to earthmoving activities which have not been stabilized.]
§ 102.22. PERMANENT Stabilization.
Upon completion of the project OR PORTIONS OF THE PROJECT, ALL DISTURBED areas [disturbed by the project] shall be PERMANENTLY stabilized so that accelerated erosion AND SEDIMENT POLLUTION shall be [prevented] MINIMIZED.
§ 102.23. [Interim control measures] RESERVED.
[An erosion and sedimentation control facility required or necessary to protect areas from erosion during the stabilization period shall be maintained until stabilization is completed.]
§ 102.24. Final measures.
Upon completion of PERMANENT stabilization, ALL unnecessary or unusable [control facilities] BEST MANAGEMENT PRACTICES shall be removed, the areas shall be graded and the [soils] DISTURBED AREAS shall be stabilized. BEST MANAGEMENT PRACTICES CONVERTED FOR OTHER USES ARE EXEMPT FROM THIS REQUIREMENT.
PERMITS [AND PLANS]
§ 102.31. Permit requirements.
(a) EXCEPT AS SET FORTH IN SUBSECTION (b), [A] a person or municipality who engages in an [earthmoving] EARTH DISTURBANCE activity CONSISTING OF FIVE OR MORE ACRES OF DISTURBANCE OVER THE DURATION OF THE PROJECT [within this Commonwealth] shall obtain a permit prior to commencement of the activity. [ except a permit may not be required under the following circumstances:
(1) If the earthmoving activity involves plowing or tilling for agricultural purposes.
(2) If an activity is required to obtain a permit under The Clean Streams Law (35 P. S. §§ 691.1-691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.21), the Water Obstruction Act (32 P. S. §§ 681-691) or Chapters 91-95, 97 and 101.
(3) If an earthmoving activity disturbs less than 25 acres.
[(b)] (c) The Department, after publication in the Pennsylvania Bulletin, may reduce the acreage limitation set forth in [subsection (a)(3) or (4)] SECTION 102.31 (a), on the following bases:
(1) On a Statewide basis at its discretion[.] ,OR IF REQUIRED UNDER FEDERAL LAW.
(2) For special areas where the Department deems it necessary.
(3) For a county or municipality within this Commonwealth.
[(c)] (d) Even though an activity is not
required to obtain a permit under the exceptions set forth in
this section, the person or municipality undertaking the activity
shall comply with the other provisions of this chapter.
§ 102.32. Application for permit.
(a) Applications for permits shall be submitted by the person or municipality [undertaking] RESPONSIBLE FOR the [earthmoving] EARTH DISTURBANCE activity. [In the case of land development, the application shall be submitted by the land developer rather than the contractor or agent..]
(b) Applications shall be accompanied by an erosion and [sedimentation] SEDIMENT POLLUTION control plan and other documents the Department may require.
RESPONSIBILITIES OF LOCAL GOVERNING BODIES
§ 102.41. Administration by local governing bodies.
(a) The Department may, at its discretion, delegate BY WRITTEN AGREEMENT the administration and enforcement of this chapter to counties and other units of local government provided the county or other unit of local government has and implements an acceptable [plan] PROGRAM IDENTIFIED IN DELEGATION AGREEMENTS approved by the Department for administering such a program.
(b) An acceptable [plan] PROGRAM shall include adequate and qualified staff for the review of erosion and sediment POLLUTION control plans and for the [surveillance] COMPLIANCE and enforcement of the provisions of this chapter. An acceptable plan shall have the concurrence and approval of the [Commissioners] GOVERNING BODY of the county in which the local unit of government operates.
(c) The Department will retain program administration over projects which cross the political boundaries of local governing bodies who have been delegated the administration of the provisions of this chapter.
§ 102.42. Notification of application for [building] permits.
A [local governing body] MUNICIPALITY OR COUNTY which issues building OR OTHER LAND DEVELOPMENT permits shall notify the Department or its designee [immediately upon] WITHIN 5 DAYS OF receipt of an application for [a building, ]the permit involving an [earthmoving] EARTH DISTURBANCE activity which affects 5 acres or more of land.
§ 102.43. Withholding building permits.
A [local governing body ] MUNICIPALITY OR
COUNTY may not issue a building OR OTHER LAND DEVELOPMENT permit
to those [engaged in earthmoving] PROPOSING OR RESPONSIBLE FOR
EARTH DISTURBANCE activities requiring a Department permit
until the Department OR DELEGATED COUNTY OR OTHER UNIT OF
LOCAL GOVERNMENT has issued the permit under §§ 102.31 and
102.32 (relating to permit requirements; and application for
permit).
IMPLEMENTATION
§ 102.51.[ Effective dates] RESERVED.
[(a) This chapter became effective 30 days after its adoption by the EQB except §§ 102.31 and 102.32 (relating to permit requirements; and application for permit), which requires permits prior to the commencement of an activity, became effective on July 1, 1973, and § 102.4 (relating to general), which require preparation of erosion and sedimentation control plans, shall become effective according to the following schedule:
(1) Agricultural activities, plowing and tilling only-July 1, 1977. A person or municipality who has applied to a conservation district for an erosion and sedimentation control plan or a conservation plan before July 1, 1977, shall be considered in compliance with the deadline date.
(2) Existing earthmoving activities-January 1, 1974.
(3) New earthmoving activities started after adoption of this chapter but before July 1, 1973-July 1, 1973.
(4) New earthmoving activities started after July 1, 1973-prior to commencement of the activity.
(b) The Department, if it finds that it is in
the best interest of the Commonwealth, may order the development
and implementation of erosion and sedimentation control plans or
require permits sooner than the dates set forth in this section.]