(a) Other
than agricultural plowing or tilling activities, animal heavy use areas, timber
harvesting activities or road maintenance activities, a person proposing an
earth disturbance activity that involves equal to or greater than 1 acre (0.4
hectare) 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
equal to or greater than 1 acre (0.4 hectare) of earth disturbance, shall
obtain an individual NPDES Permit or coverage under a general NPDES permit for
Stormwater Discharges Associated With Construction Activities prior to
commencing the earth disturbance activity. In addition to other applicable
requirements, persons required to obtain an Individual NPDES Permit for
Stormwater Discharges Associated With Construction Activities for projects
proposed in special protection watersheds shall evaluate and use BMPs in
accordance with antidegradation requirements in §§
102.4(b)(6) and
102.8(h)
(relating to erosion and sediment control requirements; and PCSM requirements)
regardless of whether the discharge is new, additional or increased.
(b) A person proposing a timber harvesting or
road maintenance activity involving 25 acres (10 hectares) or more of earth
disturbance shall obtain an E&S Permit under this chapter prior to
commencing the earth disturbance activity.
(c) A person proposing oil and gas activities
that involve 5 acres (2 hectares) or more of earth disturbance over the life of
the project shall obtain an E&S Permit under this chapter prior to
commencing the earth disturbance activity.
(d) Other than agricultural plowing or
tilling activities, animal heavy use areas, timber harvesting or road
maintenance activities, a person proposing earth disturbance activities that
involve 5 acres (2 hectares) or more of earth disturbance over the life of the
project that do not require a permit under subsections (a), (b), and (c), shall
obtain an E&S Permit under this chapter prior to commencing the earth
disturbance activity.
(e) For earth
disturbance activities authorized by a permit under this chapter, a
preconstruction meeting is required unless the permittee has been notified
otherwise in writing by the Department or conservation district. The permittee
shall invite the Department or conservation district to attend the
preconstruction meeting and provide at least 7 days notice of the
preconstruction meeting to all invited attendees. Permittees, co-permittees,
operators, and licensed professionals or designees responsible for the earth
disturbance activity, including implementation of E&S and PCSM Plans and
critical stages of implementation of the approved PCSM Plan, shall attend a
preconstruction meeting.
(f) A
person proposing earth disturbance activities requiring a permit or permit
coverage under this chapter shall be responsible to ensure implementation of
the PCSM Plan.
(g) 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 E&S Permit or NPDES
Permit for Stormwater Discharges Associated With Construction
Activities.
(h) Operators who are
not the permittee shall be co-permittees.
(i) A person proposing or conducting an earth
disturbance activity associated with discharging dredged or fill material to
waters of the United States which is required to obtain a permit or coverage
under a permit under section 404 of the Federal Clean Water Act (33 U.S.C.A. §
1344) need not obtain an additional E&S
Permit or NPDES Permit for Stormwater Discharges Associated With Construction
Activities for the area of disturbance covered by the Clean Water Act section
404 permit.
(j) A person proposing
or conducting agricultural plowing or tilling activities or animal heavy use
areas is not required to obtain an E&S Permit, or an NPDES Permit for
Stormwater Discharges Associated With Construction Activities, for these
activities under this chapter.
(k)
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.
(l) A
person shall prepare and implement a PPC Plan when storing, using or
transporting materials including: fuels, chemicals, solvents, pesticides,
fertilizers, lime, petrochemicals, wastewater, wash water, core drilling
wastewater, cement, sanitary wastes, solid wastes or hazardous materials onto,
on or from the project site during earth disturbance activities. The PPC Plan
shall be available upon request by the Department or conservation
district.
(m) The Department may
issue general permits for activities not subject to NPDES requirements.
(1)
Authorization. The
Department may issue a general permit on a regional or Statewide basis or
limited to specific watersheds, particular categories of streams or designated
geographic regions, for a category of activities not subject to the NPDES
requirements, but regulated under this chapter, if the Department determines
the following:
(i) The projects in the
category are similar in nature.
(ii) The projects in the category can be
adequately regulated utilizing standardized specifications and conditions,
including reference to specific criteria and requirements adopted by another
Federal or State agency which adequately regulate the particular category of
activities.
(iii) The projects
which are in the category and meet the specifications and conditions will
comply with this chapter.
(iv) The
projects which are in the category in the opinion of the Department are more
appropriately controlled under a general permit than under individual
permits.
(v) The projects which are
in the category individually and cumulatively do not have the potential to
cause significant adverse environmental impact.
(2)
Contents of general
permits. Each general permit issued by the Department will include the
following contents:
(i) A concise description
of the category of activity covered by the general permit, including exceptions
to that category.
(ii) A
specification of the watersheds, streams or geographic areas where the general
permit is effective.
(iii) A set of
standardized specifications for the particular category of activity or a
reference to specific criteria and requirements adopted by another Federal or
State agency which adequately regulates the particular category of
activity.
(iv) A set of conditions
governing the activities, operation, maintenance, inspection and monitoring of
the projects covered by the general permit as are necessary to assure
compliance with this chapter and with other laws administered by the
Department.
(v) A specification of
the process for obtaining coverage under and authorization to use the general
permit.
(3)
Procedure for issuance.
(i)
At least 30 days prior to issuance of a general permit, the Department:
(A) Will publish notice in the
Pennsylvania Bulletin of intent to issue a general permit,
including the text of the proposed general permit.
(B) Will provide an opportunity for
interested members of the public, Federal and State agencies to provide written
comments on a proposed general permit.
(C) May, at its discretion, hold a public
hearing on a proposed general permit for the purposes of gathering information
and comments.
(ii) Upon
issuance of a general permit, the Department will place a notice in the
Pennsylvania Bulletin of the availability of the general
permit.
(4)
Compliance with permit conditions, regulations and laws. A
person who conducts an activity under a general permit issued under this
subsection shall comply with the terms and conditions of the general permit,
with this chapter and other applicable laws.
(5)
Adminstration of general permits.
General permits may be issued, amended, suspended, revoked, reissued
or terminated under this chapter. Issuance of a general permit does not exempt
a person from compliance with this title.
(6)
Denial of coverage. The
Department may deny, revoke, suspend or terminate coverage under a general
permit for failure to comply with The Clean Streams Law (35 P.S.
§§
691.1-691.1001), this chapter or
the conditions of the general permit and the Department may require the person
to apply for an individual permit.