PENNSYLVANIA'S EROSION AND SEDIMENT POLLUTION CONTROL PROGRAM

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PENNSYLVANIA'S EROSION AND SEDIMENT POLLUTION
CONTROL PROGRAM

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Pennsylvania Constitution Article I, Section 27
T
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. Pennsylvanias 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.
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• 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

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COUNTY CONSERVATION DISTRICT LEVELS OF DELEGATION
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
Franklin County is level II
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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
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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
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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)

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

• 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

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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 BMPs shall protect, maintain, reclaim and
  restore water quality.

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• 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
  BMPs.

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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

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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 ³ 5 acres
• Erosion and Sediment Control Permit ³ 25 acres
• Timber Harvesting
• Road Maintenance
• Exemptions
• Agricultural plowing or tilling (only)
• Activities covered under another DEP permit that
  includes ES, NPDES requirement.

NPDES Permit for Stormwater Discharges Associated
with Construction Activities
Erosion and Sediment Control Permit
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NPDES Requirements
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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

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• (1) a summary of site conditions, BMPs, and
  compliance and
• (2) the date, time, and the name of the person
  conducting the inspection.

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• b. Non-compliance Reporting
• Where BMPs 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

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(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.
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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.

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PART BSTANDARD CONDITIONS
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1. MANAGEMENT REQUIREMENTS

• f. Facilities construction, Operation and
  Maintenance Permittee and co-permittee are
  responsible for the design and installation of
  BMPs identified in ES, 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.

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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.