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Bureau of Watershed Management Regulatory Proposal

Bureau of Watershed Management Regulatory Proposal. Chapter 102 [Erosion and Sediment Control] Erosion, Sediment and Stormwater Management. February 21, 2007. Scope and Size. Anyone who disturbs the earth Individuals Corporations Farmers Government Annual Activity

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Bureau of Watershed Management Regulatory Proposal

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  1. Bureau of Watershed ManagementRegulatory Proposal Chapter 102 [Erosion and Sediment Control] Erosion, Sediment and Stormwater Management February 21, 2007

  2. Scope and Size • Anyone who disturbs the earth • Individuals • Corporations • Farmers • Government • Annual Activity • 450 individual permits issued • 2500 general permit coverage authorized • 14,500 erosion and sediment control plans reviewed

  3. The Current Basics • Control accelerated erosion and sedimentation • Everyone needs to implement and maintain erosion control BMP measures. • Written erosion and sediment control plans are required if earth disturbance = 5000 sq.ft., or has potential to discharge to Special Protection Waters • Plans must be reviewed and approved if an NPDES Permit is required.

  4. Themes for Change • Manage stormwater as a resource • Solidify relationship with Water Quality Protection and Permitting regulations • Chapter 92 and Chapter 93 requirements • Address Post-Construction Stormwater Management • Incorporate buffer requirements

  5. Themes for Change • Proper organization of planning and permitting requirements • Streamline permitting for low risk and high value activities • Create a statewide stormwater management baseline requirement

  6. Proposed Changes • New section devoted to agriculture • Agricultural requirements revised to be consistent with ACRE. • Specifically describes required erosion and sediment control plan elements (Ex. Pasture BMPs, crop residue, and contour farming) • Allows a simplified plan for low risk farming operations (e.g. no water features) • New programs for agricultural impaired watersheds.

  7. Proposed Changes • Earth disturbance activities other than agriculture • Requires buffer along perennial and intermittent streams, lakes, ponds, reservoirs and wetlands • Forested buffers required to restore impaired waters. • Integrated approach to stormwater management

  8. Proposed Changes • All municipalities required to develop a stormwater management ordinance that addresses both water quality and quantity.

  9. Proposed Changes • New post-construction stormwater management provisions • Incorporates written plan requirements of NPDES application into state regulation • Emphasize Applicant responsibility for plan implementation. • Requires permission of owner to discharge stormwater onto adjacent property • Licensed PE’s are expected to be in Responsible Charge of engineered stormwater BMPs.

  10. Proposed Changes • Codifies Current PCSM Plan requirements (examples) • Consistent with Act 167 plan and MS4 permit • Avoid & minimize point source discharges • Prevent runoff rate increase, minimize volume of runoff • Preserve natural features • Minimize impervious areas • Special protection BMPs must be considered in HQ, EV, and TMDL watersheds (e.g. green roofs, open space, reuse/recycling)

  11. Proposed Changes • Erosion and Sediment Control Permit required for Oil and Gas activities involving 5 acres or more. • Naturally occurring geologic formations or soil conditions that may have potential to cause accidental pollution must be avoided or minimized (acid rock, karst areas, landslide prone areas). • Antidegradation provisions consistent with Chapter 93.

  12. Proposed Changes • Permit authorization for post-construction discharges • Require O&M Plans for PCSW BMPs • Responsible parties required to provide long term O&M for PCSM BMPs

  13. Proposed Changes • Streamline NPDES Permitting (Registration/Permit by Rule) • Single family dwellings with earth disturbance of less than five acres • Mine reclamation sites • Emergency clean-up from floods and landslides, or other natural disasters • Others with low impact, minimum risk

  14. Proposed Changes • Enables DEP to delegate administration and enforcement of the Chapter to “municipal authorities” in addition to County Conservation Districts with adequate and qualified staff

  15. Benefits • PCSM requirements encourage low impact development, and discourages sprawl • PCSM planning reduces energy (fuel) use during construction • Prevent or minimize stormwater problems with planning and mitigate remaining problems with structural or non-structural BMPs • Encourage reuse and redevelopment of existing, developed sites

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