§ 102.5. Permit requirements.
(a) Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) 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 equal to or greater than 1 acre (0.4 hectare) of earth disturbance, shall obtain an individual NPDES Permit or coverage under a general NPDES permit for Stormwater Discharges Associated With Construction Activities prior to commencing the earth disturbance activity. In addition to other applicable requirements, persons required to obtain an Individual NPDES Permit for Stormwater Discharges Associated With Construction Activities for projects proposed in special protection watersheds shall evaluate and use BMPs in accordance with antidegradation requirements in § § 102.4(b)(6) and 102.8(h) (relating to erosion and sediment control requirements; and PCSM requirements) regardless of whether the discharge is new, additional or increased.
(b) A person proposing a timber harvesting or road maintenance activity involving 25 acres (10 hectares) or more of earth disturbance shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.
(c) A person proposing oil and gas activities that involve 5 acres (2 hectares) or more of earth disturbance over the life of the project shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.
(d) Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting or road maintenance activities, a person proposing earth disturbance activities that involve 5 acres (2 hectares) or more of earth disturbance over the life of the project that do not require a permit under subsections (a), (b), and (c), shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.
(e) For earth disturbance activities authorized by a permit under this chapter, a preconstruction meeting is required unless the permittee has been notified otherwise in writing by the Department or conservation district. The permittee shall invite the Department or conservation district to attend the preconstruction meeting and provide at least 7 days notice of the preconstruction meeting to all invited attendees. Permittees, co-permittees, operators, and licensed professionals or designees responsible for the earth disturbance activity, including implementation of E&S and PCSM Plans and critical stages of implementation of the approved PCSM Plan, shall attend a preconstruction meeting.
(f) A person proposing earth disturbance activities requiring a permit or permit coverage under this chapter shall be responsible to ensure implementation of the PCSM Plan.
(g) A person proposing or conducting an earth disturbance activity approved under a Department permit issued under a chapter other than Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) or this chapter, which includes requirements to comply with Chapter 92 and this chapter, need not obtain an additional E&S Permit or NPDES Permit for Stormwater Discharges Associated With Construction Activities.
(h) Operators who are not the permittee shall be co-permittees.
(i) A person proposing or conducting an earth disturbance activity associated with discharging dredged or fill material to waters of the United States which is required to obtain a permit or coverage under a permit under section 404 of the Federal Clean Water Act (33 U.S.C.A. § 1344) need not obtain an additional E&S Permit or NPDES Permit for Stormwater Discharges Associated With Construction Activities for the area of disturbance covered by the Clean Water Act section 404 permit.
(j) A person proposing or conducting agricultural plowing or tilling activities or animal heavy use areas is not required to obtain an E&S Permit, or an NPDES Permit for Stormwater Discharges Associated With Construction Activities, for these activities under this chapter.
(k) A person proposing or conducting an earth disturbance activity who is not required to obtain a permit under this chapter shall comply with the other provisions of this chapter.
(l) A person shall prepare and implement a PPC Plan when storing, using or transporting materials including: fuels, chemicals, solvents, pesticides, fertilizers, lime, petrochemicals, wastewater, wash water, core drilling wastewater, cement, sanitary wastes, solid wastes or hazardous materials onto, on or from the project site during earth disturbance activities. The PPC Plan shall be available upon request by the Department or conservation district.
(m) The Department may issue general permits for activities not subject to NPDES requirements.
(1) Authorization. The Department may issue a general permit on a regional or Statewide basis or limited to specific watersheds, particular categories of streams or designated geographic regions, for a category of activities not subject to the NPDES requirements, but regulated under this chapter, if the Department determines the following:
(i) The projects in the category are similar in nature.
(ii) The projects in the category can be adequately regulated utilizing standardized specifications and conditions, including reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulate the particular category of activities.
(iii) The projects which are in the category and meet the specifications and conditions will comply with this chapter.
(iv) The projects which are in the category in the opinion of the Department are more appropriately controlled under a general permit than under individual permits.
(v) The projects which are in the category individually and cumulatively do not have the potential to cause significant adverse environmental impact.
(2) Contents of general permits. Each general permit issued by the Department will include the following contents:
(i) A concise description of the category of activity covered by the general permit, including exceptions to that category.
(ii) A specification of the watersheds, streams or geographic areas where the general permit is effective.
(iii) A set of standardized specifications for the particular category of activity or a reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulates the particular category of activity.
(iv) A set of conditions governing the activities, operation, maintenance, inspection and monitoring of the projects covered by the general permit as are necessary to assure compliance with this chapter and with other laws administered by the Department.
(v) A specification of the process for obtaining coverage under and authorization to use the general permit.
(3) Procedure for issuance.
(i) At least 30 days prior to issuance of a general permit, the Department:
(A) Will publish notice in the Pennsylvania Bulletin of intent to issue a general permit, including the text of the proposed general permit.
(B) Will provide an opportunity for interested members of the public, Federal and State agencies to provide written comments on a proposed general permit.
(C) May, at its discretion, hold a public hearing on a proposed general permit for the purposes of gathering information and comments.
(ii) Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit.
(4) Compliance with permit conditions, regulations and laws. A person who conducts an activity under a general permit issued under this subsection shall comply with the terms and conditions of the general permit, with this chapter and other applicable laws.
(5) Adminstration of general permits. General permits may be issued, amended, suspended, revoked, reissued or terminated under this chapter. Issuance of a general permit does not exempt a person from compliance with this title.
(6) Denial of coverage. The Department may deny, revoke, suspend or terminate coverage under a general permit for failure to comply with The Clean Streams Law (35 P.S. § § 691.1—691.1001), this chapter or the conditions of the general permit and the Department may require the person to apply for an individual permit.
Authority The provisions of this § 102.5 amended under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).
Source The provisions of this § 102.5 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (336608) and (272271).
Notes of Decisions If an erosion and sedimentation control plan, together with supplementary material submitted, includes numerous drawings detailing the topography of the area, results of test borings, and a soil description, then the plan contains sufficient information as to topographic features and soil characteristics. Mignatti Construction Co., Inc. v. Environmental Hearing Board, 411 A.2d 860 (Pa. Cmwlth. 1980).
Cross References This section cited in 25 Pa. Code § 78a.15 (relating to applications requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); 25 Pa. Code § 78a.65 (relating to site restoration); 25 Pa. Code § 78a.67 (relating to borrow pits); 25 Pa. Code § 78a.68a (relating to horizontal directional drilling for oil and gas pipelines); 25 Pa. Code § 102.4 (relating to erosion and sediment control requirements); 25 Pa. Code § 102.6 (relating to permit applications and fees); and 25 Pa. Code § 102.43 (relating to withholding permits).
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