§ 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 human activities and the natural processes, at a rate greater than would occur because of the natural process alone.

   Agricultural plowing or tilling activity—Earth disturbance activity involving the preparation and maintenance of soil 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, reclaim and restore the quality of waters and the existing and designated uses of waters within this Commonwealth.

   Channel—A natural or manmade water conveyance.

   Collector—A channel, dike or other conveyance, constructed downslope of an earth disturbance activity for the purpose of collecting runoff from an existing or proposed disturbed area and conveying it to facilities for sediment retention or removal.

   Conservation Plan—A plan that identifies conservation practices and includes site specific BMPs which minimize the potential for accelerated erosion and sediment from agricultural plowing or tilling activities.

     (i)   BMPs for agricultural plowing or tilling activities, including soil loss tolerance values (T), are identified in the Pennsylvania Soil and Water Conservation Technical Guide, United States Department of Agriculture, Natural Resources Conservation Service, 1991.

     (ii)   The Conservation Plan shall include a schedule for the implementation of the BMPs.

   County 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 and sediment control program in this Commonwealth.

   Dewatering zone—The zone within a sediment basin where stormwater runoff is held and released in a controlled manner.

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

   Diversion—A facility, including a channel, terrace or dike constructed up-slope of an earth disturbance activity for the purpose of diverting runoff away from an existing or proposed disturbed area.

   Earth disturbance activity—A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, land 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.

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

   Erosion and Sediment Control Permit—A permit required for earth disturbance activities of 25 acres (10 hectares) or more where the earth disturbance is associated with timber harvesting or road maintenance activities.

   Erosion and Sediment Control Plan—A site-specific plan identifying BMPs to minimize accelerated erosion and sedimentation. For agricultural plowing or tilling activities, the Erosion and Sediment Control Plan is that portion of a conservation plan identifying BMPs to minimize accelerated erosion and sedimentation.

   Municipality—

     (i)   A county, city, borough, town, township, school district, institution or authority created by any one or more of the foregoing.

     (ii)   For purposes of this definition, town includes an incorporated town.

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

   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 or potential discharge of stormwater into waters of this Commonwealth from construction activities, including clearing and 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 over the life of the project.

   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 which has the ability to make modifications to the Erosion and Sediment Control 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 Erosion and Sediment Control Plan.

   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.

   Person—An operator, natural person, partnership, association or corporation or an agency, instrumentality or entity of Federal or State government, including a municipality.

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

   Permanent pool—The area within a sediment basin which is designed to be inundated with water at all times.

   Principal spillway—The structure within a sediment basin which controls the discharge of water from the facility.

   Project site—The entire area of activity, development 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.

   Road maintenance activities—Earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

   Sediment—Soils or other materials transported by surface water as a product of erosion.

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

   Skim—To remove the uppermost portion of water within a sediment basin.

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

   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.

   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); section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 11(2) of the Conservation District Law (3 P. S. §  859(2)).

   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. Immediately preceding text appears at serial pages (254783) to (254784) and (234603).