[28 Pa.B. 769]
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Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 102. EROSION AND SEDIMENT CONTROL
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] human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
Agricultural plowing or tilling--Earth disturbance activity for the production of agricultural crops.
BMPs--best management practices--Activities, facilities, measures or procedures used to minimize accelerated erosion and sedimentation to protect, maintain and improve the quality of waters and the aquatic environment within this Commonwealth.
Collector--A facility, including a channel, dike or other conveyance, constructed down slope of an earth disturbance activity for the purpose of collecting runoff from an existing or proposed disturbed area.
[Conservation plan--A plan that identifies conservation practices and, at the very least, includes an erosion and sedimentation control plan.
Department--The Department of Environmental Protection of the Commonwealth.]
Designee--A conservation district, or other local governing body, delegated the authority under a delegation agreement executed by the Department to administer and enforce all or a portion of the erosion and sediment control program in this Commonwealth.
Disturbed area--Land subject to an earth disturbance activity.
Diversion [terrace]--A facility, including a channel, terrace or dike constructed up slope of [a project] an earth disturbance activity for the purpose of diverting [storm water] runoff away from [the unprotected slope] an existing or proposed disturbed area.
[Earthmoving] Earth disturbance activity--A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing, grubbing, grading, excavations, embankments, land development, [subdivision development,] agricultural plowing or tilling, timber harvesting activities, road maintenance activities, 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 sediment control permit--A permit required for earth disturbance activities, except activities that require an NPDES permit for stormwater discharges associated with construction activities.
Erosion and [Sedimentation] Sediment Control Plan--A site-specific plan [which is designed] identifying BMPs or other site-specific practices to minimize accelerated erosion and sedimentation.
[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 storm water, 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 constructing, installing, placing, planting or building of surface structures, utility lines, shopping centers and malls, golf course, apartment complexes, schools, roads, highways and parking areas or other similar activity.]
Minimum sediment storage elevation--The elevation within a sediment basin allotted for the accumulation of sediment from the contributing project area.
Minimum storage elevation--The elevation within a sediment basin allotted for the storage of runoff and sediment from the contributing drainage area.
* * * * * NPDES--National Pollutant Discharge Elimination System--The National system for the issuance of permits under section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342) including a state or interstate program which has been approved in whole or in part by the EPA.
NPDES permit for stormwater discharges associated with construction activities--A permit required for the discharge of stormwater from construction activities, including clearing, grubbing, grading and excavation activities involving 5 acres (2 hectares) or more of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves 5 acres (2 hectares) or more of earth disturbance.
Notice of Intent (NOI)--A request, on a form provided by the Department or its designee, for coverage under a general NPDES permit for stormwater discharges associated with construction activities.
Outlet structure--A structure constructed to safely discharge water from a channel, diversion or other drainage structure to an existing natural or artificial watercourse.
Person--A natural person, partnership, association or corporation or any agency, instrumentality or entity of Federal or State Government, including a municipality.
Project site--The entire area of activity, development or sale including the disturbed area, an area planned to be disturbed and other areas which are not disturbed.
Road maintenance activities--Earth disturbance activities such as repairing unpaved road surfaces, grading, cutting road banks, cleaning or clearing drainage ditches, and other similar activities.
Sediment--Soils or other [surficial] materials transported by surface water as a product of erosion.
Sedimentation--The action or process [by which sediment is deposited on stream bottoms] of forming or depositing sediment in waters of this Commonwealth.
Stabilization--The proper placing, grading [and] compacting, constructing, reinforcing, lining or 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.]
Timber harvesting activities--Earth disturbance activities including the construction of skid trails, logging roads, landing areas, and other similar logging or silvicultural practices.
Waters of this Commonwealth--Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
§ 102.2.
Scope. 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] requires persons proposing or conducting earth disturbance activities to plan, implement and maintain BMPs to minimize accelerated erosion and sedimentation to protect, maintain and improve water quality and the aquatic environment.
§ 102.3.
Purpose. This chapter [controls] requires all persons proposing or conducting earth disturbance activities to minimize 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 activities within this Commonwealth shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this, except as provided in subsection (b), a landowner,] A person [or municipality] engaged in [earthmoving] earth disturbance activities shall develop, implement and maintain erosion and [sedimentation] sediment control [measures] BMPs and other sound conservation and engineering practices which effectively minimize accelerated erosion and sedimentation. [These erosion and sedimentation measures shall be set forth in a plan as set forth in § 102.5 (relating to erosion and sedimentation 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 the Department or its designee.]
(b) A person proposing earth disturbance activities shall develop an erosion and sediment control plan under § 102.5 (relating to erosion and sediment control plan) if one or more of the following applies:
(1) The activity will result in a total earth disturbance of 5,000 square feet (464 square meters) or more.
(2) The activity requires the development of an erosion and sediment control plan under other Department regulations.
(3) The Department determines that the activity may adversely impact waters of this Commonwealth.
(4) The activity may result in a discharge to a water of this Commonwealth classified as high quality or exceptional value in Chapter 93 (relating to water quality standards).
(c) The plan required by subsection (b) shall be available for review and inspection at the project site during all stages of the earth disturbance activity. The Department or its designee may request that the plan be submitted for review and approval.
[(b)] (d) In the case of agricultural plowing [and] or tilling, the landowner, and any lessee, renter, tenant or other land occupier, shall be jointly and individually responsible for developing [and], implementing and maintaining the erosion and [sedimentation] sediment control plan required under § 102.5(d). [The landowner may delegate his obligation to implement the plan or parts thereof, by written agreement, to a tenant or lesse. 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 control plan. (a) The erosion and [sedimentation] sediment control plan shall be prepared in writing by a person trained and experienced in erosion and [sedimentation] sediment control methods and techniques.
(b) The erosion and [sedimentation] sediment control plan shall be designed to [prevent] minimize accelerated erosion and sedimentation. [and] The plan shall consider all factors which contribute to erosion and sedimentation, including, but not limited to, the following:
(1) The existing topographic features of the project [area] site and the immediate surrounding area.
(2) The types, depth, slope [and areal extent], locations and limitations of the soils.
(3) The characteristics of the earth disturbance activity, including the current and proposed land use and the proposed alteration to the area.
* * * * * (5) The staging of [earthmoving] BMP installation and removal, prior to, during and after earth disturbance activities.
(6) [Temporary control measures and facilities for use during earth moving.
(7) Permanent control measures and facilities for long term protection.
(8) A maintenance program for the control facilities including disposal of materials removed from the control facilities or project area.]
The location of all waters of this Commonwealth which may receive runoff from the project site and their classification under Chapter 93 (relating to water quality standards). Where an earth disturbance activity may result in a discharge to a water of this Commonwealth classified as high quality or exceptional value in Chapter 93, the person proposing the activity shall consider utilizing prolonged detention for sediment basins and sediment traps, stream buffers, an accelerated stabilization schedule and other appropriate measures to maintain and protect the water from degradation.
(c) The written plan, based upon the considerations in subsection (b), shall contain the following:
(1) Plan drawings and a narrative description of the temporary and permanent BMPs and other necessary measures to minimize accelerated erosion and sedimentation, and the methods for stabilization of the project.
(2) A maintenance program which provides for regular inspection, repair and operation of the BMPs.
(3) A plan for the recycling or disposal of materials from the project site.
(d) For agricultural plowing or tilling activities, the written plan shall contain plan maps, soils maps and a description of BMPs including tillage systems, schedules and cost effective and technically practical conservation measures.
(e) The Department or its designee may require other information necessary to adequately review a plan.
EROSION AND [SEDIMENTATION] SEDIMENT CONTROL [MEASURES AND FACILITIES]; BMPs § 102.11.
General requirements. (a) The erosion and [sedimentation control facilities set forth] sediment BMP in §§ 102.12 and 102.13 (relating to [control measures; and control facilities] BMPs; and design criteria for BMPs shall be appropriately incorporated into [earthmoving] all earth disturbance activities unless the designer of the erosion and [sedimentation] sediment control plan shows that alteration of these [measures and facilities] BMPs or inclusion of other [measures and facilities] sound conservation and engineering practices shall [prevent] minimize accelerated erosion and sedimentation.
(b) Persons conducting earth disturbance activities shall protect the existing and designated uses of waters in Chapter 93 (relating to water quality standards) by designing, implementing and maintaining BMPs and other sound conservation and engineering practices to ensure protection of these uses.
§ 102.12. [Control measures] BMPs.
BMPs include, but are not limited to, the following:
[(a)](1) Limiting exposed areas. [Earthmoving] Earth disturbance activities shall be planned and conducted in such a manner as to minimize the [areal] extent and duration of disturbed land.
[(b)](2) Surface water diversion. Surface water shall be diverted [away from] around or through the project [area] site and disturbed areas.
[(c)](3) Velocity control. [Permanent facilities for the conveyance of water around, through or from the project area shall be designed or contain facilities to limit the velocity of flow in the facilities to less than 1.5 feet per second] Temporary and permanent structures shall be designed and constructed to withstand proposed velocities.
[(d)](4) [Stabilization] Permanent stabilization. [Slopes, channels, ditches or a] All disturbed [area] areas shall be immediately stabilized [as soon as possible] after the final grade [or final earth moving] has been completed for the project site or any portion of the project site.
[(e)](5) [Interim] Temporary stabilization. If it is not possible to permanently stabilize a disturbed area immediately after the final [earth moving] earth disturbance activity has been completed or [where] when the activity ceases for more than 20 days, [interim stabilization measures] temporary vegetation, mulch and other appropriate temporary cover shall be implemented [promptly] immediately.
[(f) Collection of runoff. Runoff from a project area shall be collected and diverted to facilities for removal of sediment.
(g) Solids separation] (f) Sediment retention. Runoff from a project area may not be discharged into the waters of this Commonwealth without means to prevent sedimentation. Sediment basins, sediment traps and other appropriate structures or practices shall be installed to collect, manage and trap sediment on the project site.
§ 102.13. [Control facilities] Design criteria for BMPs.
(a) Diversion [terraces] collectors and channels. [The following applies to diversion terraces:]
(1) [Diversion terraces] Temporary or permanent diversions shall be constructed [up-grade] up slope of a [project] disturbed area prior to initiation of other earth disturbance activities on the project site 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.]
Diversions shall be installed and stabilized prior to initiation of other earth disturbance activities on the project site.
(3) Collectors shall be constructed down slope of a disturbed area to collect and convey the runoff from the disturbed area to facilities for sediment retention.
(4) Temporary BMPs including diversions, collectors and channels that divert or carry surface water shall be designed to have a minimum capacity to convey 1.6 cubic feet per second per acre (0.1 cubic meters per second per hectare) of tributary drainage, or the peak discharge from a 2-year/24-hour frequency storm.
(5) Permanent BMPs including diversions, collectors and channels that divert or carry surface water shall be designed to have a minimum capacity to convey 2.75 cubic feet per second per acre (0.2 cubic meters per second per hectare) of tributary drainage, or the peak discharge from a 10-year/24-hour frequency storm.
(6) If it is not feasible to divert up slope drainage around a project site, a channel or other conveyance structure may be used to transport water through a project site. The channels or conveyances shall be protected from sedimentation originating on the project site.
(7) Diversions, collectors or channels shall be provided with erosion resistant linings, unless the plan designer demonstrates that velocity for diversions, collectors or channels will be controlled to 2 feet per second (0.6 meters per second) or less.
(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.]
Outlet structures for facilities other than sediment basins.
(1) Outlet structures shall be stabilized before use.
(2) Suitable outlet protection shall be provided with an erosion resistant material when a velocity is equal to or greater than 3 feet per second (0.9 meters 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.
(d) Sedimentation] (c) Sediment basins. [The following applies to sedimentation basins:]
(1) A [sedimentation] sediment basin shall have [a capacity of 7,000] 5,000 cubic feet [for each acre of project area tributary to it and shall be provided with a 24-inch freebroad.] of storage for each acre (495 cubic meters for each hectare) tributary to the basin, plus an additional 2,000 cubic feet of sediment storage capacity for each disturbed acre (142.5 cubic meters for each hectare) tributary to the basin.
(2) The basin shall be [cleaned when the storage capacity of the basin is reduced to 5,000 cubic feet per acre of project area tributary to it] maintained to ensure efficient operation of the basin, including removal of sediment from the basin. Accumulated sediment may not exceed the sediment storage elevation within the basin.
(3) [Outlet] Sediment basin outlet structures shall be designed to pass a minimum flow of 2 cubic feet per second [for each acre of project area] per acre (0.14 cubic meters per second per hectare) of contributing drainage area tributary to the basin. Outlet structures shall be stabilized before use.
(i) The entire 2 cubic feet per second per acre (0.14 cubic meters per second per hectare) discharge capacity shall be provided above the minimum storage elevation.
(ii) A minimum of 24 inches (61 centimeters) of freeboard shall be provided above the elevation of the 2 cubic feet per second per acre (0.14 cubic meters per second per hectare) discharge capacity.
(iii) Every sediment basin shall be provided with an emergency spillway.
(4) The discharge from a [sedimentation] sediment basin shall be to a [natural waterway] water of this Commonwealth or other approved alternative, and shall be designed, operated and maintained without causing accelerated erosion or sedimentation.
(5) [Sedimentation] Sediment basins shall be structurally sound and protected from unauthorized acts of third parties.
(6) In addition to the requirements of this section, sediment basins requiring permits under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) are required to meet the design, construction, operation and maintenance, and other permit requirements of Chapter 105 (relating to dam safety and waterway management).
(d) Sediment traps.
(1) The maximum drainage area to a sediment trap is 5 acres (2 hectares).
(2) Sediment traps shall be designed to have a capacity of 2,000 cubic feet of storage for each acre (140 cubic meters per hectare) tributary to it.
(3) Outlets from sediment traps shall be structurally sound and stabilized before use.
(4) Sediment trap outlet structures shall be designed to pass a minimum flow of 1.5 cubic feet per second per acre (0.1 cubic meters per second per hectare) of contributing drainage area tributary to the trap.
(5) A minimum of 12 inches (30.5 centimeters) of freeboard shall be provided above the elevation of the 1.5 cubic feet per second per acre (0.1 cubic meters per second per hectare) discharge capacity.
(6) The discharge from a sediment trap shall be to a water of this Commonwealth or other approved alternative, and shall be designed, operated and maintained without causing accelerated erosion or sedimentation.
[RESTORATION] PERMANENT STABILIZATION § 102.21. [Applicability] (Reserved).
[Sections 102.21--102.24 apply to earthmoving activities which have not been stabilized.]
§ 102.22. [Stabilization] Permanent stabilization.
[Upon completion of the project,] In accordance with § 102.12(4) (relating to BMPs) all disturbed areas [disturbed by the project] shall be permanently stabilized so that accelerated erosion [shall be prevented.] and sedimentation shall be minimized to protect, maintain and improve water quality and the aquatic environment. For a project site to be considered permanently stabilized, disturbed areas shall be covered with one of the following:
(1) A minimum of 70% perennial vegetative cover of uniform coverage and density.
(2) An acceptable BMP which permanently minimizes accelerated erosion.
§ 102.23. [Interim control measures] Temporary BMPs.
[An erosion] Erosion and [sedimentation] sediment control [facility] BMPs required or necessary to protect areas and receiving waters from erosion [during the stabilization period] and sedimentation shall be maintained until the permanent stabilization is completed.
§ 102.24. [Final measures] Removal of BMPs.
Upon completion of permanent stabilization, [unnecessary or unusable control facilities] temporary BMPs shall be removed, and the areas shall be graded and [the soils shall be] stabilized, unless otherwise authorized by the Department or its designee.
PERMITS [AND PLANS] § 102.31. Permit requirements.
[(a) A person or municipality who engages in an earthmoving activity 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.
(4) If an activity involving more than 25 acres is subdivided into parcels of less than 25 acres and earthmoving is undertaken on noncontiguous parcels and the parcels are stabilized before contiguous parcels are disturbed.]
(a) A person who proposes an earth disturbance activity other than agricultural plowing or tilling, timber harvesting activities or road maintenance activities, shall obtain a general or individual NPDES permit for stormwater discharges associated with a construction activity under Chapter 92 (relating to National Pollutant Discharge Elimination System), when the activity involves an earth disturbance consisting of 5 acres (2 hectares) or more, or an earth disturbance on a portion, part, or during any stage of, a larger common plan of development or sale that involves 5 acres (two hectares) or more of earth disturbance.
(b) A person proposing a timber harvesting or road maintenance activity shall obtain an Erosion and Sediment Control Permit under this chapter when the earth disturbance activities consist of 25 acres (10 hectares) or more.
(c) A person proposing an earth disturbance activity approved under another Department permit that contains an erosion and sediment control plan meeting the requirements of § 102.5 (relating to erosion and sediment control plan), and otherwise satisfies all other provisions of this chapter and Chapter 92, is not required to obtain an erosion and sediment control permit or NPDES permit for stormwater discharges associated with a construction activity, under this chapter.
(d) A person proposing or conducting agricultural plowing or tilling activities is not required to obtain an Erosion and Sediment Control Permit, or an NPDES permit for stormwater discharges associated with a construction activity, under this chapter.
[(b)](e) The Department, after publication in the Pennsylvania Bulletin, may reduce the acreage limitation [set forth] in [subsection (a)(3) or (4)] §§ 102.1 and 102.31 (relating to definitions; and permit applications and fees) on the following basis:
* * * * * [(c)](f) 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] Permit applications and fees.
(a) For an activity requiring an erosion and sediment control permit under § 102.31 (relating to permit requirements), the following apply:
[(a) Applications for permits shall be submitted by the] (1) A person [or municipality undertaking the earthmoving activity. In the case of land development, the application shall be submitted by the land developer rather than the contractor or agent] who proposes the activity shall apply for a permit prior to the commencement of the activity.
[(b)](2) Applications shall be accompanied by an erosion and [sedimentation] sediment control plan [and other documents the Department may require] meeting the requirements of § 102.5 (relating to erosion and sediment control plan).
[(c)](3) Applications shall be accompanied by [a processing] an application fee of [$200] $500.
(b) For an activity requiring an NPDES permit for stormwater discharges associated with a construction activity, the following apply:
(1) Permit applications and notices of intent shall be submitted in accordance with Chapter 92 (relating to National Pollutant Discharge Elimination System).
(2) Applications and notices of intent shall be accompanied by an erosion and sediment control plan meeting the requirements of § 102.5.
(3) Applications and notices of intent shall be accompanied by the fee required under Chapter 92.
(c) Erosion and Sediment Control Permit applications, individual NPDES permit applications for earth disturbance activities, and notices of intent for earth disturbance activities shall be accompanied by a complete Pennsylvania Natural Diversity Inventory (PNDI) search form to determine potential impacts to a Pennsylvania or Federal threatened or endangered species or its habitat. If the Department determines, based upon PNDI data and other sources, that the earth disturbance activity may adversely impact the species or their habitat, the person proposing the earth disturbance activity will prevent or eliminate the impact.
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 approved by the Department for administering such a program] conservation districts or other local governing bodies if they have adequate and qualified staff, and are implementing the program identified in the delegation agreement.
(b) [An acceptable plan shall include adequate and qualified staff for the review of erosion and sediment control plans and for the surveillance and enforcement of the provisions of this chapter.] An acceptable [plan] program shall have the concurrence and approval of the [Commissioners] governing body of the county in which the local unit of government or conservation district 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 unless otherwise specified in the delegation agreement.
§ 102.42. Notification of application for [building] permits.
A [local governing body] municipality or county which issues building or other 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] activity [which affects] consisting of 5 acres (2 hectares) or more of land.
§ 102.43. Withholding [building] permits.
A [local governing body] municipality or county may not issue a building or other permit to those [engaged in earthmoving] proposing or engaging in earth disturbance activities requiring a Department permit until the Department or its designee has issued the erosion and sediment control or individual NPDES permit [under] or approved coverage under the general NPDES permit for stormwater discharges associated with construction activities under §§ 102.31 and 102.32 (relating to permit requirements; and [application for] permit application and fees).
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.]
[Pa.B. Doc. No. 98-241. Filed for public inspection February 6, 1998, 9:00 a.m.]
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