Bureau of Watershed Management Regulatory Proposal Chapter 102 [Erosion and Sediment Control] Erosion, Sediment and Stormwater Management February 21, 2007

Scope and Size Anyone who disturbs the earth –Individuals –Corporations –Farmers –Government Annual Activity –450 individual permits issued –2500 general permit coverage authorized –14,500 erosion and sediment control plans reviewed

The Current Basics Control accelerated erosion and sedimentation Everyone needs to implement and maintain erosion control BMP measures. Written erosion and sediment control plans are required if earth disturbance = 5000 sq.ft., or has potential to discharge to Special Protection Waters Plans must be reviewed and approved if an NPDES Permit is required.

Themes for Change Manage stormwater as a resource Solidify relationship with Water Quality Protection and Permitting regulations Chapter 92 and Chapter 93 requirements Address Post-Construction Stormwater Management Incorporate buffer requirements

Themes for Change Proper organization of planning and permitting requirements Streamline permitting for low risk and high value activities Create a statewide stormwater management baseline requirement

Proposed Changes New section devoted to agriculture –Agricultural requirements revised to be consistent with ACRE. –Specifically describes required erosion and sediment control plan elements (Ex. Pasture BMPs, crop residue, and contour farming) –Allows a simplified plan for low risk farming operations (e.g. no water features) –New programs for agricultural impaired watersheds.

Proposed Changes Earth disturbance activities other than agriculture –Requires buffer along perennial and intermittent streams, lakes, ponds, reservoirs and wetlands Forested buffers required to restore impaired waters. –Integrated approach to stormwater management

Proposed Changes All municipalities required to develop a stormwater management ordinance that addresses both water quality and quantity.

Proposed Changes New post-construction stormwater management provisions –Incorporates written plan requirements of NPDES application into state regulation –Emphasize Applicant responsibility for plan implementation. –Requires permission of owner to discharge stormwater onto adjacent property –Licensed PE’s are expected to be in Responsible Charge of engineered stormwater BMPs.

Proposed Changes Codifies Current PCSM Plan requirements (examples) –Consistent with Act 167 plan and MS4 permit –Avoid & minimize point source discharges –Prevent runoff rate increase, minimize volume of runoff –Preserve natural features –Minimize impervious areas –Special protection BMPs must be considered in HQ, EV, and TMDL watersheds (e.g. green roofs, open space, reuse/recycling)

Proposed Changes Erosion and Sediment Control Permit required for Oil and Gas activities involving 5 acres or more. Naturally occurring geologic formations or soil conditions that may have potential to cause accidental pollution must be avoided or minimized (acid rock, karst areas, landslide prone areas). Antidegradation provisions consistent with Chapter 93.

Proposed Changes Permit authorization for post- construction discharges –Require O&M Plans for PCSW BMPs –Responsible parties required to provide long term O&M for PCSM BMPs

Proposed Changes Streamline NPDES Permitting (Registration/Permit by Rule) –Single family dwellings with earth disturbance of less than five acres –Mine reclamation sites –Emergency clean-up from floods and landslides, or other natural disasters –Others with low impact, minimum risk

Proposed Changes Enables DEP to delegate administration and enforcement of the Chapter to “municipal authorities” in addition to County Conservation Districts with adequate and qualified staff

Benefits PCSM requirements encourage low impact development, and discourages sprawl PCSM planning reduces energy (fuel) use during construction Prevent or minimize stormwater problems with planning and mitigate remaining problems with structural or non-structural BMPs Encourage reuse and redevelopment of existing, developed sites