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PA Bulletin, Doc. No. 02-1958


Proposed Model Ordinance for use with the Stormwater Management Protocol Guidance Document Related to the NPDES General Permit (PAG-13) for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s)

[32 Pa.B. 5478]

   Under The Clean Streams Law (35 P. S. §§ 691.1--691.101) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20), the Department of Environmental Protection (Department) seeks public comment on a model ordinance proposed to be used to satisfy portions of new legal requirements for municipalities to develop a stormwater management program and to obtain a National Pollutant Discharge Elimination System (NPDES) permit for that program.

   These new permit requirements are described in detail in the Federal stormwater management regulations in 40 CFR 122.26--123.35, which are incorporated by reference in 25 Pa. Code § 92.2 (relating to incorporation of Federal regulations by reference). Additional information is also available on the Environmental Protection Agency's website at

   The Commonwealth's new stormwater management regulations also require that regulated municipalities utilize a legal mechanism such as an ordinance to address certain components of their local stormwater management program. This proposed model ordinance will meet that regulatory requirement.

   The Department previously proposed a General Permit (PAG-13) which can be used by municipalities to meet these permit requirements (see 32 Pa.B. 3444 (July 13, 2002)). Along with that proposed General Permit, the Department proposed a stormwater management protocol (protocol) and indicated a model ordinance would be proposed later in the year.

   The protocol is a model stormwater management plan developed by the Department which contains the requirements of the new Federal regulations, including measurable goals and timetables. MS4s may use all or part of the protocol to meet their permit requirements. The protocol includes implementation of a watershed-based, multimunicipal stormwater plan under the Stormwater Management Act (act) (32 P. S. §§ 680.1--680.17). MS4s who implement the protocol in its entirety will automatically receive coverage under the General Permit.

   Implementation of the act is encouraged in the protocol because it is watershed based and involves county and municipal cooperation. It also provides for funding to participants.

   The act program already uses a model ordinance. The essential elements of this proposed model ordinance will be incorporated into the act model ordinance for use by municipalities who elect to use the Department protocol.

   This proposed model ordinance was based on the existing act ordinance, as well as various ordinances now used in this Commonwealth and elsewhere. In addition, model ordinances suggested by the Center for Watershed Protection and by the Maryland Department of the Environment were also considered.

   The Department is now considering comments received on PAG-13, the protocol and other documents, and plans to finalize them, including the model ordinance, in December 2002.

   Proposed PAG-13 will not be available to municipalities that discharge stormwater to special protection waters under 25 Pa. Code Chapter 93 (relating to water quality standards). MS4s will need to apply for and comply with an individual NPDES permit. However, the protocol and this model ordinance will be available for those municipalities.

   The proposed model ordinance is available from the Bureau of Watershed Management, P. O. Box 8467, Harrisburg, PA 17105-8647, e-mail and on the Department's website at (directLINK ''stormwater'').

   Comments must be submitted by December 2, 2002. Only the comments received within the specified period will be considered in the formulation of the final model ordinance.

   Persons wishing to comment should include specific language changes suggested, their name, address and telephone number in case Department staff wish to contact them for clarification. Written comments should be submitted to the previous address. Comments will also be accepted by e-mail and should be sent to Doug Brennan at by the applicable deadline. Comments will not be accepted by facsimile or by voice mail.

   Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Following the specified comment period, the Department will review all submitted comments and consider then in preparing the final model ordinance. Persons wishing to also receive a copy of the final model ordinance may request them by contacting the previous addresses or telephone numbers.


[Pa.B. Doc. No. 02-1958. Filed for public inspection November 1, 2002, 9:00 a.m.]

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