§ 102.2. Scope and purpose.

 (a)  This chapter requires persons proposing or conducting earth disturbance activities to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post construction stormwater.

 (b)  The BMPs shall be undertaken to protect, maintain, reclaim and restore water quality and the existing and designated uses of waters of this Commonwealth.

Authority

   The provisions of this §  102.2 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 §  102.2 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 (313626).

Notes of Decisions

   Duty

   Chapter 102 places the burden upon the contractor or other person involved with each disturbance, not the Department, to develop, implement and maintain controls to minimize the potential for accelerated erosion and sedimentation. Leeward Construction Co. v. Department of Environmental Protection, 821 A.2d 145 (Pa. Cmwlth. 2003); appeal denied 827 A.2d 431 (Pa. 2003).



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