§ 102.8. PCSM requirements.

 (a)  PCSM applicability. After November 19, 2010, a person proposing a new earth disturbance activity that requires permit coverage under this chapter or other new Department permit that requires compliance with this chapter shall be responsible to ensure that a written PCSM Plan is developed, implemented, operated and maintained in accordance with this section. A person conducting earth disturbance activities under a permit issued before November 19, 2010, and renewed prior to January 1, 2013, shall implement, operate and maintain the PCSM requirements in accordance with the terms and conditions of the existing permit. After January 1, 2013, the renewal of a permit issued before November 19, 2010, shall comply with this section.

 (b)  General PCSM planning and design. The management of post construction stormwater shall be planned and conducted to the extent practicable in accordance with the following:

   (1)  Preserve the integrity of stream channels and maintain and protect the physical, biological and chemical qualities of the receiving stream.

   (2)  Prevent an increase in the rate of stormwater runoff.

   (3)  Minimize any increase in stormwater runoff volume.

   (4)  Minimize impervious areas.

   (5)  Maximize the protection of existing drainage features and existing vegetation.

   (6)  Minimize land clearing and grading.

   (7)  Minimize soil compaction.

   (8)  Utilize other structural or nonstructural BMPs that prevent or minimize changes in stormwater runoff.

 (c)  Consistency with E&S Plan. The PCSM Plan shall be planned, designed and implemented to be consistent with the E&S Plan under §  102.4(b) (relating to erosion and sediment control requirements).

 (d)  Separate plan. Unless otherwise approved by the Department, the PCSM Plan must be separate from the E&S Plan and labeled ‘‘PCSM’’ or ‘‘Post Construction Stormwater Management Plan’’ and be the final plan for construction.

 (e)  PCSM Plan preparer requirements. The PCSM Plan shall be prepared by a person trained and experienced in PCSM design methods and techniques applicable to the size and scope of the project being designed.

 (f)  PCSM Plan contents. The PCSM Plan must contain drawings and a narrative consistent with the requirements of this chapter. The PCSM Plan shall be designed to minimize the threat to human health, safety and the environment to the greatest extent practicable. PCSM Plans must contain at a minimum the following:

   (1)  The existing topographic features of the project site and the immediate surrounding area.

   (2)  The types, depth, slope, locations and limitations of the soils and geologic formations.

   (3)  The characteristics of the project site, including the past, present and proposed land uses and the proposed alteration to the project site.

   (4)  An identification of the net change in volume and rate of stormwater from preconstruction hydrology to post construction hydrology for the entire project site and each drainage area.

   (5)  An identification of the location of surface waters of this Commonwealth, which may receive runoff within or from the project site and their classification under Chapter 93 (relating to water quality standards).

   (6)  A written description of the location and type of PCSM BMPs including construction details for permanent stormwater BMPs including permanent stabilization specifications and locations.

   (7)  A sequence of PCSM BMP implementation or installation in relation to earth disturbance activities of the project site and a schedule of inspections for critical stages of PCSM BMP installation.

   (8)  Supporting calculations.

   (9)  Plan drawings.

   (10)  A long-term operation and maintenance schedule, which provides for inspection of PCSM BMPs, including the repair, replacement, or other routine maintenance of the PCSM BMPs to ensure proper function and operation. The program must provide for completion of a written report documenting each inspection and all BMP repair and maintenance activities and how access to the PCSM BMPs will be provided.

   (11)  Procedures which ensure that the proper measures for recycling or disposal of materials associated with or from the PCSM BMPs are in accordance with Department laws, regulations and requirements.

   (12)  An identification of naturally occurring geologic formations or soil conditions that may have the potential to cause pollution after earth disturbance activities are completed and PCSM BMPs are operational and development of a management plan to avoid or minimize potential pollution and its impacts.

   (13)  An identification of potential thermal impacts from post construction stormwater to surface waters of this Commonwealth including BMPs to avoid, minimize or mitigate potential pollution from thermal impacts.

   (14)  A riparian forest buffer management plan when required under §  102.14 (relating to riparian buffer requirements).

   (15)  Additional information requested by the Department.

 (g)  PCSM Plan stormwater analysis. Except for regulated activities that require site restoration or reclamation, and small earth disturbance activities identified in subsection (n), PCSM Plans for proposed activities requiring a permit under this chapter require the following additional information:

   (1)  Predevelopment site characterization and assessment of soil and geology including appropriate infiltration and geotechnical studies that identify location and depths of test sites and methods used.

   (2)  Analysis demonstrating that the PCSM BMPs will meet the volume reduction and water quality requirements specified in an applicable Department approved and current Act 167 stormwater management watershed plan; or manage the net change for storms up to and including the 2-year/24-hour storm event when compared to preconstruction runoff volume and water quality. The analysis for the 2-year/24-hour storm event shall be conducted using the following minimum criteria:

     (i)   Existing predevelopment nonforested pervious areas must be considered meadow in good condition or its equivalent except for repair, reconstruction or restoration of roadways or rail lines, or construction, repair, reconstruction or restoration of utility infrastructure when the site will be returned to existing condition.

     (ii)   When the existing project site contains impervious area, 20% of the existing impervious area to be disturbed must be considered meadow in good condition or better, except for repair, reconstruction or restoration of roadways or rail lines, or construction, repair, reconstruction, or restoration of utility infrastructure when the site will be returned to existing condition.

     (iii)   When the existing site contains impervious area and the existing site conditions have public health, safety or environmental limitations, the applicant may demonstrate to the Department that it is not practicable to satisfy the requirement in subparagraph (ii), but the stormwater volume reduction and water quality treatment will be maximized to the extent practicable to maintain and protect existing water quality and existing and designated uses.

     (iv)   Approaches other than that required under paragraph (2) may be proposed by the applicant when the applicant demonstrates to the Department that the alternative will either be more protective than required under paragraph (2) or will maintain and protect existing water quality and existing and designated uses by maintaining the site hydrology, water quality, and erosive impacts of the conditions prior to initiation of any earth disturbance activities.

   (3)  Analysis demonstrating that the PCSM BMPs will meet the rate requirements specified in an applicable Department approved and current Act 167 stormwater management watershed plan; or manage the net change in peak rate for the 2-, 10-, 50-, and 100-year/24-hour storm events in a manner not to exceed preconstruction rates.

     (i)   Hydrologic computations or a routing analysis are required to demonstrate that this requirement has been met.

     (ii)   Exempt from this requirement are Department- approved direct discharges to tidal areas or Department-approved no detention areas.

     (iii)   Approaches other than that required under paragraph (3) may be proposed by the applicant when the applicant demonstrates to the Department that the alternative will either be more protective than required under paragraph (3) or will maintain and protect existing water quality and existing and designated uses by maintaining the preconstruction site hydrologic impact.

   (4)  Identification of the methodologies for calculating the total runoff volume and peak rate of runoff and provide supporting documentation and calculations.

   (5)  Identification of construction techniques or special considerations to address soil and geologic limitations.

   (6)  The Department may require, or after consultation with the Department a conservation district may require additional information necessary to adequately review a PCSM Plan or may require additional BMPs, on a case-by-case basis, when necessary to ensure the restoration, maintenance and protection of water quality and existing and designated uses.

 (h)  PCSM implementation for special protection waters. To satisfy the antidegradation implementation requirements in §  93.4c(b) (relating to implementation of antidegradation requirements), an earth disturbance activity that requires a permit under this chapter and for which any receiving water that is classified as High Quality or Exceptional Value under Chapter 93, the person proposing the activity shall, in the permit application, do the following:

   (1)  Evaluate and include nondischarge alternatives in the PCSM Plan unless a person demonstrates that nondischarge alternatives do not exist for the project.

   (2)  If the person makes the demonstration in paragraph (1) that nondischarge alternatives do not exist for the project, the PCSM Plan must include ABACT, except as provided in §  93.4c(b)(1)(iii).

   (3)  For purposes of this chapter, nondischarge alternatives and ABACT and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-0300-002 (December 2006), as amended and updated.

 (i)  Complaint or site inspection. Upon complaint or site inspection, the Department or conservation district may require that the PCSM Plan be submitted for review and approval to ensure compliance with this chapter.

 (j)  PCSM reporting and recordkeeping. The PCSM Plan, inspection reports and monitoring records shall be available for review and inspection by the Department or the conservation district.

 (k)  Licensed professional oversight of critical stages. A licensed professional or a designee shall be present onsite and be responsible during critical stages of implementation of the approved PCSM Plan. The critical stages may include the installation of underground treatment or storage BMPs, structurally engineered BMPs, or other BMPs as deemed appropriate by the Department or the conservation district.

 (l)  Final certification. The permittee shall include with the notice of termination ‘‘Record Drawings’’ with a final certification statement from a licensed professional, which reads as follows:

 ‘‘I (name) do hereby certify pursuant to the penalties of 18 Pa.C.S.A. §  4904 to the best of my knowledge, information and belief, that the accompanying record drawings accurately reflect the as-built conditions, are true and correct, and are in conformance with Chapter 102 of the rules and regulations of the Department of Environmental Protection and that the project site was constructed in accordance with the approved PCSM Plan, all approved plan changes and accepted construction practices.’’

   (1)  The permittee shall retain a copy of the record drawings as a part of the approved PCSM Plan.

   (2)  The permittee shall provide a copy of the record drawings as a part of the approved PCSM Plan to the person identified in this section as being responsible for the long-term operation and maintenance of the PCSM BMPs.

 (m)  PCSM long-term operation and maintenance requirements.

   (1)  The permittee or co-permittee shall be responsible for long-term operation and maintenance of PCSM BMPs unless a different person is identified in the notice of termination and has agreed to long-term operation and maintenance of PCSM BMPs.

   (2)  For any property containing a PCSM BMP, the permittee or co-permittee shall record an instrument with the recorder of deeds which will assure disclosure of the PCSM BMP and the related obligations in the ordinary course of a title search of the subject property. The recorded instrument must identify the PCSM BMP, provide for necessary access related to long-term operation and maintenance for PCSM BMPs and provide notice that the responsibility for long-term operation and maintenance of the PCSM BMP is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees, and provide proof of filing with the notice of termination under §  102.7(b)(5) (relating to permit termination).

   (3)  For Commonwealth owned property, a covenant that runs with the land is not required until the transfer of the land containing a PCSM BMP occurs. Upon transfer of the Commonwealth-owned property containing a PCSM BMP, the deed must comply with this subsection.

   (4)  The person responsible for performing long-term operation and maintenance may enter into an agreement with another person including a conservation district, nonprofit organization, municipality, authority, private corporation or other person, to transfer the responsibility for PCSM BMPs or to perform long-term operation and maintenance and provide notice thereof to the Department.

   (5)  A permittee or co-permittee that fails to transfer long-term operation and maintenance of the PCSM BMP or otherwise fails to comply with this requirement shall remain jointly and severally responsible with the landowner for long-term operation and maintenance of the PCSM BMPs located on the property.

 (n)  Regulated activities that require site restoration or reclamation, and small earth disturbance activities. The portion of a site reclamation or restoration plan that identifies PCSM BMPs to manage stormwater from oil and gas activities or mining activities permitted in accordance with Chapters 78 and 86—90; timber harvesting activities; pipelines; other similar utility infrastructure; Department permitted activities involving less than 1 acre of earth disturbance; or abandoned mine land reclamation activities, that require compliance with this chapter, may be used to satisfy the requirements of this section if the PCSM, reclamation or restoration plan meets the requirements of subsections (b), (c), (e), (f), (h), (i) and (l) and, when applicable, subsection (m).

Authority

   The provisions of this §  102.8 issued 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 §  102.8 adopted August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861.

Cross References

   This section cited in 25 Pa. Code §  78a.65 (relating to site restoration); 25 Pa. Code §  102.4 (relating to erosion and sediment control requirements); 25 Pa. Code §  102.6 (relating to permit applications and fees); 25 Pa. Code §  102.7 (relating to permit termination); and 25 Pa. Code §  102.14 (relating to riparian buffer requirements).



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