§ 102.5. Permit requirements.

 (a)  Other than agricultural plowing or tilling, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves 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, shall obtain a general or individual NPDES Permit for Stormwater Discharges Associated With Construction Activities prior to commencing the earth disturbance activity.

 (b)  A person proposing a timber harvesting or road maintenance activity involving 25 acres (10 hectares) or more of earth disturbance shall obtain an Erosion and Sediment Control Permit under this chapter prior to commencing the earth disturbance activity.

 (c)  A person proposing or conducting an earth disturbance activity approved under a Department permit issued under a chapter other than Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) or this chapter, which includes requirements to comply with Chapter 92 and this chapter, need not obtain an additional Erosion and Sediment Control Permit or NPDES Permit for Stormwater Discharges Associated with Construction Activities.

 (d)  A person proposing or conducting agricultural plowing or tilling activities is not required to obtain an Erosion and Sediment Control Permit, or an NPDES Permit for Stormwater Discharges Associated with Construction Activities, for these activities under this chapter.

 (e)  A person proposing or conducting an earth disturbance activity who is not required to obtain a Permit under this chapter shall comply with the other provisions of this chapter.

   The provisions of this §  102.5 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 §  102.5 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 pages (234604) and (203741).

   If an erosion and sedimentation control plan, together with supplementary material submitted, includes numerous drawings detailing the topography of the area, results of test borings, and a soil description, then the plan contains sufficient information as to topographic features and soil characteristics. Mignatti Construction Co., Inc. v. Environmental Hearing Board, 411 A.2d 860 (Pa. Cmwlth. 1980).

   This section cited in 25 Pa. Code §  102.6 (relating to permit applications and fees).