PENNSYLVANIA'S EROSION AND SEDIMENT POLLUTION CONTROL PROGRAM

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Feb 22, 2014 (3 years and 3 months ago)

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PENNSYLVANIA'S EROSION
AND SEDIMENT POLLUTION
CONTROL PROGRAM








Pennsylvania Constitution Article I, Section 27

HE PEOPLE have a right to clean air,

pure water, and to the preservation of the

natural scenic, historic and esthetic values of the

environment
.
Pennsylvania’s public natural

resources are the common property of all the

people, including generations yet to come. As

trustees of these resources, the Commonwealth

shall conserve and maintain them for the benefit

of all people.

T



STATUTORY

AUTHORITIES
:


Clean Streams Law


Clean Water Act


Conservation District Law



REGULATIONS
:



Chapter 102
Erosion and Sediment Control



Chapter 92
National Pollutant Discharge Elimination System



Chapter 93
Water Quality Standards



PROGRAM ADMINISTRATION
:

By the Department and


to County Conservation Districts through delegation agreements

Level I


Program Administration


(4 counties)


-

Review Erosion and Sediment Control Plans




-

Conduct educational programs




-


Process Earth and Sediment Control Permit applications &



General NPDES permits


Level II


Program Compliance


(50 counties)




-

Level I duties




-

Conduct site assessments and complaint investigations




-

Inspect earth disturbance activities



-

Process and Issue General NPDES permits






Level III


Program Enforcement


(10 counties)




-

Level I and Level II duties




-

Initiate and resolve enforcement actions



COUNTY CONSERVATION
DISTRICT LEVELS OF
DELEGATION

Franklin
County is
level II


To preserve and improve the purity of the waters of
the Commonwealth for the protection of public
health, animal and aquatic life, ….;providing
protection of water supply and water quality; ….

The Clean Streams Law



Act of 1937,PL 1987 No. 394


WATERS OF THE

COMMONWEALTH



rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, ponds,
springs . . .


all other bodies or channels or conveyance
surface and underground water


whether natural or artificial


POLLUTION



contamination that creates



nuisance



harm, detriment to public health, safety, welfare



harm to beneficial uses: livestock, animals, birds,


fish, aquatic life



alteration of physical, chemical, biological properties



change in temperature



discharge of any liquid, gas, or
solid

(SEDIMENT)



Largest Single Nonpoint Source Pollutant Nationwide. The
main cause of impairment to South Central PA streams.



Reduces Productivity of Surface Waters



Limits Recreational Value


fishing potential reduced


limits use for water contact activities



Blocks Sunlight to Aquatic Plants



Covers Animal Spawning Areas, Food Supplies



Clogs Fish Gills



Reduced Population Densities and Diversity (# species)



Shortens Life of Reservoirs, Ponds, Channels



Promotes Streambank Instability



Increases Potential for Flooding

IMPACTS

SEDIMENT

Chapter 102 Requirements


Person proposing or conducting earth
disturbance activities are required to
develop, implement and maintain Best
Management Practices (
BMPs

) to
minimize the potential for accelerated
erosion and sedimentation.



The BMP’s shall protect, maintain, reclaim
and restore water quality.



5,000 square feet or more of disturbance
over the life of the project must develop an
erosion control plan to show site specific
BMPs along with implementation and
maintenance of those BMP’s.


Types of Plans


Conservation Plan for Agriculture



Erosion and Sediment Pollution Control
Plan for commercial, industrial and/or
residential developments



Timber Harvest plans for logging activities

PERMIT REQUIREMENTS



Earth Disturbance Activities over the
life of the project


NPDES SW Permits


Construction Activities 1 to 5 acres with a
point source discharge


Construction Activities;


5 acres


Erosion and Sediment Control Permit;


25
acres :


Timber Harvesting


Road Maintenance




Exemptions


Agricultural plowing or tilling (only)


Activities covered under another DEP
permit that includes E&S, NPDES
requirement.

NPDES
Permit for
Stormwater
Discharges
Associated
with
Construction
Activities

Erosion
and
Sediment
Control
Permit

NPDES Requirements

2. MONITORING AND REPORTING
REQUIREMENTS

a.

Visual Inspections





The

permittee

and

co
-
permittee

must

ensure

that


visual

site

inspections

are

conducted

bi
-
weekly,

and

after

each

precipitation

event

by

qualified

personnel,

trained

and

experienced

in

erosion

and

sediment

control,

to

ascertain

that

the

BMPs

are

operational

and

effective

in

preventing

pollution

to

the

waters

of

the

Commonwealth
.

A


written

report

of

each

inspection

shall

be

kept,

and

include
:

(1)

a summary of site conditions, BMP’s,
and compliance; and


(2)

the date, time, and the name of the
person conducting the inspection.


b.

Non
-
compliance Reporting



Where

BMP’s

are

found

to

be

inoperative

or

ineffective

during

an

inspection,

or

any

other

time,

the

permittee

and

co
-
permittee

shall

immediately

contact

the

reviewing

entity,

by

phone

or

personal

contact,

followed

by

the

submission

of

a

written

report

within

5

days

of

the

initial

contact
.

Non
-
compliance

reports

shall

include

the

following

information
:

(
1
)

Any

condition

on

the

project

site

which

may

endanger

public

health,

safety,

or

the

environment,

or

involve

incidents

which

cause

or

threaten

pollution
;

(
2
)

the

period

of

non
-
compliance,

including

exact

dates

and

times

and/or

anticipated

time

when

the

activity

will

return

to

compliance
;

(
3
)

steps

being

taken

to

reduce,

eliminate,

and

prevent

recurrence

of

the

non
-
compliance
;

and

(
4
)

the

date

or

schedule

of

dates,

and

identifying

remedies

for

correcting

non
-
compliance

conditions
.

3.

RECORD KEEPING

a
.

Retention

of

Records


The

permittee

and

co
-
permittee

shall

retain

records

of

all

monitoring

information

including

copies

of

all

monitoring

and

inspection

reports

required

by

this

permit,

and

records

of

data

used

to

complete

the

Notice

of

intent

for

this

permit,

for

a

period

of

three

years

from

the

date

of

the

termination

of

coverage

under

this

permit
.

b
.

Reporting

of

Monitoring

Reports


Monitoring

results

shall

be

submitted

to

the

reviewing

entity

upon

request
.

PART B

STANDARD CONDITIONS

f
.

Facilities

construction,

Operation

and

Maintenance

Permittee

and

co
-
permittee

are

responsible

for

the

design

and

installation

of

BMP’s

identified

in

E&S,

PPC

and

post

construction

plans

h
.

Reduction,

Loss,

or

Failure

of

the

BMPs


Upon

reduction,

loss

or

failure

of

the

BMPs,

the

permittee

and

co
-
permittee

shall

take

immediate

action

to

restore

the

BMPs

or

provide

an

alternative

method

of

treatment
.



1.

MANAGEMENT
REQUIREMENTS

2. COMPLIANCE
RESPONSIBILITIES

a
.

Duty

to

Comply



The

permittee

and

co
-
permittee

must

comply

with

all

terms

and

conditions

of

this

general

permit
.

Any

permit

non
-
compliance

constitutes

a

violation

of

the

Pennsylvania

Clean

Streams

Law

and

the

federal

Clean

Water

Act

and

is

grounds

for

enforcement

action
;

for

permit

termination,

revocation

and

reissuance,

or

modification
;

or

for

denial

of

a

permit

or

permit

renewal
.