(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).