(a) For agricultural plowing or tilling
activities or for animal heavy use areas, the following erosion and sediment
control requirements apply:
(1) The
implementation and maintenance of erosion and sediment control BMPs are
required to minimize the potential for accelerated erosion and sedimentation,
including for those activities which disturb less than 5,000 square feet (464.5
square meters).
(2) Written E&S
Plans are required for the following activities that disturb 5,000 square feet
(464.5 square meters) or more of land:
(i)
Agricultural plowing or tilling activities.
(ii) Animal heavy use
areas.
(3) The landowner,
and any lessee, renter, tenant or other land occupier, conducting or planning
to conduct agricultural plowing or tilling activities, or operating an animal
heavy use area, are jointly and individually responsible for developing a
written E&S Plan and implementing and maintaining BMPs, including those
identified in the E&S Plan.
(4)
The E&S Plan must include cost-effective and reasonable BMPs designed to
minimize the potential for accelerated erosion and sedimentation from
agricultural plowing or tilling activities and animal heavy use areas.
(i) For agricultural plowing or tilling
activities, the E&S Plan must, at a minimum, limit soil loss from
accelerated erosion to the soil loss tolerance (T) over the planned crop
rotation.
(ii) For agricultural
plowing and tilling activities that will occur on fields with less than 25%
plant cover or crop residue cover and within 100 feet of a river, or perennial
or intermittent stream, additional BMPs shall be implemented to minimize
accelerated erosion and sedimentation.
(iii) For animal heavy use areas, the E&S
Plan must identify BMPs to minimize accelerated erosion and sedimentation. BMPs
and their design standards are listed in the current amended and updated
version of the appropriate National Resources Conservation Service conservation
practice standards such as Heavy Use Area Protection, Critical Area Planting,
Fencing, Wastewater Treatment Strip, Constructed Wetland, Use Exclusion, Animal
Trails and Walkways, Diversions and Roof Runoff Structure.
(5) The E&S Plan must contain plan maps
that show the location of features including surface waters of this
Commonwealth, and drainage patterns, field and property boundaries, buildings
and farm structures, animal heavy use areas, roads and crossroads, and BMPs;
soils maps; and a description of BMPs including animal heavy use area practices
and procedures, tillage systems, schedules, and crop rotations. The plan must
be consistent with the current conditions and activities on the agricultural
operation.
(6) The E&S Plan
must contain an implementation schedule. The plan shall be implemented
according to the schedule, and the BMPs shall be operated and maintained as
long as there are agricultural plowing or tilling activities or animal heavy
use areas, on the agricultural operation.
(7) The portion of a conservation plan that
identifies BMPs utilized to minimize accelerated erosion and sedimentation from
agricultural plowing or tilling activities, or from operation of animal heavy
use areas, may be used to satisfy the E&S Plan requirements of this
subsection if it meets the requirements of paragraphs (4)-(6).
(8) The E&S Plan shall be available for
review and inspection at the agricultural operation.
(9) Nothing in this section negates the
requirements under other provisions of this chapter, such as those applicable
to construction activities.
(b) For earth disturbance activities other
than agricultural plowing or tilling or animal heavy use areas, the following
erosion and sediment control requirements apply:
(1) The implementation and maintenance of
E&S BMPs are required to minimize the potential for accelerated erosion and
sedimentation, including those activities which disturb less than 5,000 square
feet (464.5 square meters).
(2) A
person proposing earth disturbance activities shall develop and implement a
written E&S Plan under this chapter if one or more of the following
criteria apply:
(i) The earth disturbance
activity will result in a total earth disturbance of 5,000 square feet (464.5
square meters) or more.
(ii) The
person proposing the earth disturbance activities is required to develop an
E&S Plan under this chapter or under other Department
regulations.
(iii) The earth
disturbance activity, because of its proximity to existing drainage features or
patterns, has the potential to discharge to a water classified as a High
Quality or Exceptional Value water under Chapter 93 (relating to water quality
standards).
(3) The
E&S Plan shall be prepared by a person trained and experienced in E&S
control methods and techniques applicable to the size and scope of the project
being designed.
(4) Unless
otherwise authorized by the Department or conservation district after
consultation with the Department, earth disturbance activities shall be planned
and implemented to the extent practicable in accordance with the following:
(i) Minimize the extent and duration of the
earth disturbance.
(ii) Maximize
protection of existing drainage features and vegetation.
(iii) Minimize soil compaction.
(iv) Utilize other measures or controls that
prevent or minimize the generation of increased stormwater runoff.
(5) The E&S Plan must contain
drawings and narrative which describe the following:
(i) The existing topographic features of the
project site and the immediate surrounding area.
(ii) The types, depth, slope, locations and
limitations of the soils.
(iii) The
characteristics of the earth disturbance activity, including the past, present
and proposed land uses and the proposed alteration to the project
site.
(iv) The volume and rate of
runoff from the project site and its upstream watershed area.
(v) The location of all surface waters of
this Commonwealth which may receive runoff within or from the project site and
their classification under Chapter 93.
(vi) A narrative description of the location
and type of perimeter and onsite BMPs used before, during and after the earth
disturbance activity.
(vii) A
sequence of BMP installation and removal in relation to the scheduling of earth
disturbance activities, prior to, during and after earth disturbance activities
that ensure the proper functioning of all BMPs.
(viii) Supporting calculations and
measurements.
(ix) Plan
drawings.
(x) A maintenance program
which provides for the operation and maintenance of BMPs and the inspection of
BMPs on a weekly basis and after each stormwater event, including the repair or
replacement of BMPs to ensure effective and efficient operation. The program
must provide for completion of a written report documenting each inspection and
all BMP repair, or replacement and maintenance activities.
(xi) Procedures which ensure that the proper
measures for the recycling or disposal of materials associated with or from the
project site will be undertaken in accordance with this title.
(xii) Identification of the naturally
occurring geologic formations or soil conditions that may have the potential to
cause pollution during earth disturbance activities and include BMPs to avoid
or minimize potential pollution and its impacts from the formations.
(xiii) Identification of potential thermal
impacts to surface waters of this Commonwealth from the earth disturbance
activity including BMPs to avoid, minimize or mitigate potential pollution from
thermal impacts.
(xiv) The E&S
Plan shall be planned, designed and implemented to be consistent with the PCSM
Plan under §
102.8 (relating to PCSM
requirements). Unless otherwise approved by the Department, the E&S Plan
must be separate from the PCSM Plan and labeled "E&S" or "Erosion and
Sediment Control Plan" and be the final plan for construction.
(xv) Identification of existing and proposed
riparian forest buffers.
(6) To satisfy the antidegradation
implementation requirements in §
93.4c(b)
(relating to implementation of antidegredation requirements), for an earth
disturbance activity that requires a permit under this chapter and for which
any receiving surface waters of this Commonwealth is classified as High Quality
or Exceptional Value under Chapter 93, the person proposing the activity shall,
in the permit application, do the following:
(i) Evaluate and include nondischarge
alternatives in the E&S Plan, unless a person demonstrates that
nondischarge alternatives do not exist for the project.
(ii) If the person makes the demonstration in
subparagraph (i) that nondischarge alternatives do not exist for the project,
the E&S Plan must include ABACT, except as provided in §
93.4c(b)(1)(iii).
(iii) For
purposes of this chapter, nondischarge alternatives and ABACT and their design
standards are listed in the Erosion and Sediment Pollution Control
Program Manual, Commonwealth of Pennsylvania, Department of
Environmental Protection, No. 363-2134-008 (April 2000), as amended and
updated.
(7) The
Department may approve alternative BMPs which will maintain and protect
existing water quality and existing and designated uses.
(8) The E&S Plan, inspection reports and
monitoring records shall be available for review and inspection by the
Department or the conservation district at the project site during all stages
of the earth disturbance activity.
(9) Upon complaint or site inspection, the
Department or conservation district may require that the E&S Plan be
submitted for review and approval to ensure compliance with this
chapter.