EROSION AND SEDIMENT CONTROL AND POST CONSTRUCTION STORMWATER MANAGEMENT BMPs


§ 102.11. General requirements.

 (a)  BMP and design standards. A person conducting or proposing to conduct an earth disturbance activity shall:

   (1)  Design, implement and maintain E&S BMPs to minimize the potential for accelerated erosion and sedimentation to protect, maintain, reclaim and restore water quality and existing and designated uses. Various E&S BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (Manual), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008 (April 2000), as amended and updated.

   (2)  If required to develop a PCSM Plan, design, implement and maintain PCSM BMPs to mimic preconstruction stormwater runoff conditions to protect, maintain, reclaim and restore water quality and existing and designated uses. Various PCSM BMPs and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual (Stormwater BMP Manual), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-0300-002 (December 2006), as amended and updated.

   (3)  If required to develop a riparian forest buffer, design, implement and maintain the buffer in accordance with §  102.14 (relating to riparian buffer requirements). Various design, construction and maintenance standards are listed in the Riparian Forest Buffer Guidance, (Buffer Guidance), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 395-5600-001 (2009), as amended and updated.

   (4)  If required to develop a PPC Plan, the person shall design, implement, and maintain the PPC Plan to protect waters of this Commonwealth from discharges of pollutants from accidental spills, releases or other activities and meet the requirements identified in Chapter 91 (relating to general provisions). Guidance for PPC Plans is included in the Guidelines for the Development and Implementation of Environmental Emergency Response Plans, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 400-2200-001, as amended and updated.

 (b)  Alternative BMP and design standards. BMPs and design standards other than those listed in the manuals or Buffer Guidance may be used when a person conducting or proposing to conduct an earth disturbance activity demonstrates to the Department that the alternate BMP or design standard minimizes accelerated erosion and sedimentation or manages stormwater during and after the completion of earth disturbance activities to achieve the regulatory standards in subsection (a).

 (c)  Incorporation of Federal effluent limitation guidelines and standards for the construction and development point source category, 40 CFR Part 450. Activities requiring an NPDES permit under this chapter must also comply with 40 CFR Part 450 (relating to construction and development point source category), including all appendices thereto, which are incorporated by reference to the extent that these provisions are applicable and not contrary to Pennsylvania law. In the event of any conflict between Federal and Pennsylvania regulatory provisions, the provision expressly set out in this chapter shall be utilized unless the Federal provision is more stringent.

 (d)  Effective date. The amendments to this chapter adopted by the EQB on May 17, 2010, are effective November 19, 2010.

Authority

   The provisions of this §  102.11 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 §  102.11 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 page (266249).

Cross References

   This section cited in 25 Pa. Code §  102.8 (relating to PCSM requirements).



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