What is NPDES?
A federal regulation that works in conjunction with the state E&S program is the National Pollution Discharge Elimination System (NPDES) Program. While these regulations require discharges from many types of facilities, we will discuss only the discharges from construction activities here. These regulations, the implementation of which has been delegated to DEP, require a permit be obtained for any earthmoving activities disturbing more than 1 acre.
It is recommended that anyone disturbing more than one acre of land during the life of an earthmoving project contact the Conservation District to discuss NPDES permit requirements. Disturbance over the life of the project is defined as any earth disturbance that will occur to fully complete the planned land use. For example, a housing development would include the disturbance associated with the road construction, installation of utilities, and construction of individual houses and accessory structures on the lots although the original applicant may only be building the roads.
The Conservation District has agreed to be the local contact for this permit. We are available to answer questions concerning
permit requirements and regulations and are the designated agency to accept applications for the permit in
During construction of the site, the Conservation District conducts periodic inspections of the site to assure that the plan is being followed. For additional information that may be needed, see Design Aids page or contact the Conservation District.
Chapter 102 Erosion Control/Stormwater Regulations were changed on November 19, 2010
Amendments to Chapter 102, the Pennsylvania state regulation for erosion and sediment control and stormwater management, were published as final rulemaking in the August 21, 2010 PA Bulletin. The revised regulation incorporates the Federal Clean Water Act "Phase II" National Pollutant Discharge Elimination System (NPDES) permit requirements for stormwater discharges associated with construction activities, codifies post construction stormwater management (PCSM) requirements, including long-term operation and maintenance requirements of PCSM best management practices (BMPs), including specific anti-degradation implementation provisions, updates agricultural planning and implementation requirements, updates erosion and sediment (E&S) control requirements, and establishes riparian buffer provisions.
The revised regulations went into effect on November 19, 2010. A copy of the amended regulation can be obtained at: http://www.pabulletin.com/secure/data/vol40/40-34/40_34p3.pdf.
Highlights that may effect you:
New requirements for post-construction stormwater management, and riparian buffer requirements in Special Protection Watersheds.
Licensed Professional required to be present for critical stages of construction and must sign off on record drawings. Record drawings must be included with Notice of Termination along with final certification statement.
Permit fees have been updated to $500 plus a $100 per acre disturbed fee for General and $1,500 plus a $100 per acre disturbed fee for Individual Permits.
Mandatory preconstruction meeting.