§ 102.11. General requirements.

 (a)  A person conducting or proposing to conduct an earth disturbance activity shall design, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation in order to protect, maintain, reclaim and restore water quality and existing and designated uses. Various 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 (January 1996), as amended and updated.

 (b)  BMPs and design standards other than those listed in the Manual may be used when a person conducting or proposing to conduct an earth disturbance activity demonstrates to the Department or a county conservation district that the alternate BMP or design standard minimizes accelerated erosion and sedimentation to achieve the regulatory standards in subsection (a).

   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); 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 §  102.11 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111. Immediately preceding text appears at serial page (203741).