(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.