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:

   ABACT—Antidegradation best available combination of technologies— Environmentally sound and cost effective treatment, land disposal, pollution prevention and stormwater reuse BMPs that individually or collectively manage the difference in the net change in stormwater volume, rate, and quality for storm events up to and including the 2-year/24-hour storm when compared to the stormwater rate, volume and quality prior to the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth.

   Accelerated erosion—The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.

   Act 167—The Storm Water Management Act (32 P.S. § §  680.1—680.17)

 Agricultural operation—The management and use of farming resources for production of crops, livestock, or poultry, or for equine activity.

   Agricultural plowing or tilling activity

     (i)   Earth disturbance activity involving the preparation and maintenance of soil for the production of agricultural crops.

     (ii)   The term includes no-till cropping methods, the practice of planting crops with minimal mechanical tillage.

   Along—Touching or contiguous; to be in contact with; to abut upon.

   Animal heavy use area

     (i)   Barnyard, feedlot, loafing area, exercise lot, or other similar area on an agricultural operation where due to the concentration of animals it is not possible to establish and maintain vegetative cover of a density capable of minimizing accelerated erosion and sedimentation by usual planting methods.

     (ii)   The term does not include entrances, pathways and walkways between areas where animals are housed or kept in concentration.

   BMPs—Best management practices—Activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during, and after earth disturbance activities.

   Channel—A natural or manmade water conveyance.

   Conservation district—A conservation district, as defined in section 3(c) of the Conservation District Law (3 P.S. §  851(c)), which has the authority under a delegation agreement executed with the Department to administer and enforce all or a portion of the erosion, sediment, and stormwater management program in this Commonwealth.

   Conservation plan—A plan that identifies conservation practices and includes site specific BMPs for agricultural plowing or tilling activities and animal heavy use areas.

   Disturbed area—Unstabilized land area where an earth disturbance activity is occurring or has occurred.

   Earth disturbance activity—A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

   Erosion—The natural process by which the surface of the land is worn away by water, wind or chemical action.

   E&S Permit—Erosion and Sediment Control Permit—A permit required for earth disturbance activities where the earth disturbance is associated with timber harvesting, road maintenance activities, or oil and gas activities.

   E&S Plan—Erosion and Sediment Control Plan—A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after earth disturbance activities.

   Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.

   Licensed professional—Professional engineers, landscape architects, geologists and land surveyors licensed to practice in this Commonwealth.

   Long-term operation and maintenance—The routine inspection, maintenance, repair or replacement of a BMP to ensure proper function for the duration of time that the BMP is needed.

   Municipality—A county, city, borough, town, township, school district, institution or authority or another public body created by or pursuant to State law. For purposes of this definition, town includes an incorporated town.

   NOI—Notice of Intent—A request, on a form provided by the Department, for coverage under a General NPDES Permit for Stormwater Discharges Associated With Construction Activities or an E&S Permit.

   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, including the regulations codified in Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), and as specified in this chapter.

   NPDES Permit for Stormwater Discharges Associated With Construction Activities—A permit required for the discharge or potential discharge of stormwater into waters of this Commonwealth from construction activities, including clearing and grubbing, grading and excavation activities involving 1 acre (0.4 hectare) or more of earth disturbance activity or an earth disturbance activity on any portion, part, or during any stage of, a larger common plan of development or sale that involves 1 acre (0.4 hectare) or more of earth disturbance activity over the life of the project.

   Nondischarge alternative—Environmentally sound and cost-effective BMPs that individually or collectively eliminate the net change in stormwater volume, rate and quality for storm events up to and including the 2-year/24-hour storm when compared to the stormwater rate, volume and quality prior to the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth.

   Normal pool elevation

     (i)   For bodies of water which have no structural measures to regulate height of water, the height of water at ordinary stages of low water unaffected by drought.

     (ii)   For structurally regulated bodies of water, the elevation of the spillway, outlet control, or dam crest which maintains the body of water at a specified height.

     (iii)   The term does not apply to wetlands.

   Notice of termination—A request, on a form provided by the Department, to terminate coverage under a General or Individual NPDES Permit for Stormwater Discharges Associated With Construction Activities or other permits under this chapter.

   Oil and gas activities—Earth disturbance associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities.

   Operator—A person who has one or more of the following:

     (i)   Oversight responsibility of earth disturbance activity on a project site or a portion thereof who has the ability to make modifications to the E&S Plan, PCSM Plan or site specifications.

     (ii)   Day-to-day operational control over earth disturbance activity on a project site or a portion thereof to ensure compliance with the E&S Plan or PCSM Plan.

   PCSM—Post construction stormwater management.

   PCSM plan—A site-specific plan consisting of both drawings and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate and water quality after earth disturbance activities have ended and the project site is permanently stabilized.

   PPC plan—Preparedness, Prevention and Contingency Plan—A written plan that identifies an emergency response program, material and waste inventory, spill and leak prevention and response, inspection program, housekeeping program, security and external factors, and that is developed and implemented at the construction site to control potential discharges of pollutants other than sediment into waters of this Commonwealth.

   Perennial stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macro-invertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.

   Perimeter BMPs—BMPs placed or constructed along the perimeter of an earth disturbance area to prevent runoff from entering the disturbed area, or to capture and treat sediment runoff prior to leaving a disturbed area.

   Permanent stabilization—Long-term protection of soil and water resources from accelerated erosion.

   Person—Any operator, individual, public or private corporation, partnership, association, municipality or political subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal representative, successor, joint venture, joint stock company, fiduciary; Department, agency or instrumentality of State, Federal or local government, or an agent or employee thereof; or any other legal entity.

   Pollutant—Any contaminant or other alteration of the physical, chemical, biological or radiological integrity of surface water which causes or has the potential to cause pollution as defined in section 1 of The Clean Streams Law (35 P. S. §  691.1).

   Post construction stormwater—Stormwater associated with a project site after the earth disturbance activity has been completed and the project site is permanently stabilized.

   Project site—The entire area of activity, development, lease or sale including:

     (i)   The area of an earth disturbance activity.

     (ii)   The area planned for an earth disturbance activity.

     (iii)   Other areas which are not subject to an earth disturbance activity.

   Riparian buffer—A BMP that is an area of permanent vegetation along surface waters.

   Riparian forest buffer—A type of riparian buffer that consists of permanent vegetation that is predominantly native trees, shrubs and forbs along surface waters that is maintained in a natural state or sustainably managed to protect and enhance water quality, stabilize stream channels and banks, and separate land use activities from surface waters.

   Road maintenance activities

     (i)   Earth disturbance activities within the existing road cross-section or railroad right-of-way including the following:

       (A)   Shaping or restabilizing unpaved roads.

       (B)   Shoulder grading.

       (C)   Slope stabilization.

       (D)   Cutting of existing cut slopes.

       (E)   Inlet and endwall cleaning.

       (F)   Reshaping and cleaning drainage ditches and swales.

       (G)   Pipe cleaning.

       (H)   Pipe replacement.

       (I)   Support activities incidental to resurfacing activities such as minor vertical adjustment to meet grade of resurfaced area.

       (J)   Ballast cleaning.

       (K)   Laying additional ballast.

       (L)   Replacing ballast, ties and rails.

       (M)   Other similar activities.

     (ii)   The existing road cross-section consists of the original graded area between the existing toes of fill slopes and tops of cut slopes on either side of the road and any associated drainage features.

   Sediment—Soils or other erodible materials transported by stormwater as a product of erosion.

   Sedimentation—The action or process of forming or depositing sediment in waters of this Commonwealth.

   Soil loss tolerance (T)—The maximum amount of soil loss, in tons/acre/year, that a given soil type can tolerate and still permit a high level of crop production to be sustained economically and indefinitely. T values for various soil types may be obtained from the Pennsylvania Soil and Water Conservation Technical Guide, USDA NRCS, 1991 (as amended and updated).

   Stabilization—The proper placing, grading, constructing, reinforcing, lining, and covering of soil, rock or earth to ensure their resistance to erosion, sliding or other movement.

   Stormwater—Runoff from precipitation, snowmelt, surface runoff and drainage.

   Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds, and constructed wetlands used as part of a wastewater treatment process.

   Timber harvesting activities—Earth disturbance activities including the construction of skid trails, logging roads, landing areas and other similar logging or silvicultural practices.

   Top of streambank—First substantial break in slope between the edge of the bed of the stream and the surrounding terrain. The top of streambank can either be a natural or constructed (that is, road or railroad grade) feature, lying generally parallel to the watercourse.

   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.

Authority

   The provisions of this §  102.1 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 §  102.1 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; 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 (322707) to (322708) and (313625) to (313626).

Cross References

   This section cited in 25 Pa. Code §  78a.1 (relating to definitions).



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