Pennsylvania Code

 

§ 102.4. Erosion and sediment control requirements.

 (a)  For agricultural plowing or tilling activities, the following erosion and sediment control requirements apply:

   (1)  The implementation and maintenance of erosion and sediment control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including for those activities which disturb less than 5,000 square feet (464.5 square meters).

   (2)  Written Erosion and Sediment Control Plans are required for agricultural plowing or tilling activities that disturb 5,000 square feet (464.5 square meters) or more of land.

   (3)  The landowner, and any lessee, renter, tenant or other land occupier, conducting or planning to conduct agricultural plowing or tilling activities are jointly and individually responsible for developing a written Erosion and Sediment Control Plan and implementing and maintaining BMPs, including those identified in the Erosion and Sediment Control Plan.

   (4)  The Erosion and Sediment Control Plan shall be designed to minimize the potential for accelerated erosion and sedimentation from agricultural plowing or tilling activities.

   (5)  The Erosion and Sediment Control Plan shall contain plan maps, soils maps, the location of waters of this Commonwealth, drainage patterns and a description of BMPs including tillage systems, schedules, and cost effective and technically practical conservation measures.

   (6)  The Erosion and Sediment Control Plan shall be available for review and inspection at the project site during each stage of the agricultural plowing or tilling activity.

 (b)  For earth disturbance activities other than agricultural plowing or tilling, the following erosion and sediment control requirements apply:

   (1)  The implementation and maintenance of erosion and sediment control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including for those activities which disturb less than 5,000 square feet (464.5 square meters).

   (2)  A person proposing earth disturbance activities shall develop a written Erosion and Sediment Control Plan under this chapter if one or more of the following criteria apply:

     (i)   The earth disturbance activity will result in a total earth disturbance of 5,000 square feet (464.5 square meters) or more.

     (ii)   The person proposing the earth disturbance activities is required to develop an Erosion and Sediment Control Plan pursuant to this chapter under Department regulations other than those contained in this chapter.

     (iii)   The earth disturbance activity, because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water pursuant to Chapter 93 (relating to water quality standards).

   (3)  The Erosion and Sediment Control Plan shall be prepared by a person trained and experienced in erosion and sediment control methods and techniques, and shall be designed to minimize the potential for accelerated erosion and sedimentation.

   (4)  Earth disturbance activities shall be planned and conducted to minimize the extent and duration of the disturbance.

   (5)  The Erosion and Sediment Control Plan shall contain the following:

     (i)   The existing topographic features of the project site and the immediate surrounding area.

     (ii)   The types, depth, slope, locations and limitations of the soils.

     (iii)   The characteristics of the earth disturbance activity, including the past, present and proposed land uses and the proposed alteration to the project site.

     (iv)   The amount of runoff from the project area and its upstream watershed area.

     (v)   The location of waters of this Commonwealth which may receive runoff within or from the project site and their classification pursuant to Chapter 93.

     (vi)   A written depiction of the location and type of perimeter and onsite BMPs used before, during and after the earth disturbance activity.

     (vii)   A sequence of BMP installation and removal in relation to the scheduling of earth disturbance activities, prior to, during and after earth disturbance activities.

     (viii)   Supporting calculations.

     (ix)   Plan drawings.

     (x)   A maintenance program which provides for inspection of BMPs on a weekly basis and after each measurable rainfall event, including the repair of the BMPs to ensure effective and efficient operation.

     (xi)   Procedures which ensure that the proper measures for the recycling or disposal of materials associated with or from the project site will be undertaken in accordance with this title.

   (6)  Where an earth disturbance activity may result in a discharge to a water of this Commonwealth classified as High Quality or Exceptional Value pursuant to Chapter 93, the person proposing the activity shall, as applicable, use the following Special Protection BMPs to maintain and protect the water from degradation:

     (i)   Special sediment basin requirements.

       (A)   Principal spillways shall be designed to skim water from the top 6 inches (15 centimeters) of the dewatering zone, or shall have permanent pools greater than or equal to 18 inches (46 centimeters) deep.

       (B)   The basin shall be designed with a flow length to basin width ratio of 4:1 or greater.

       (C)   The basin shall be designed so that it dewaters in at least 4 days and no more than 7 days when at full capacity.

     (ii)   Channels, collectors and diversions shall be lined with permanent vegetation, rock, geotextile or other nonerosive materials.

     (iii)   BMPs that divert or carry surface water shall be designed to have a minimum capacity to convey the peak discharge from a 5-year frequency storm.

     (iv)   Upon completion or temporary cessation of the earth disturbance activity, or any stage thereof, the project site shall be immediately stabilized.

     (v)   The Department or county conservation district may approve alternative BMPs which will maintain and protect existing water quality and existing and designated uses.

   (7)  The Erosion and Sediment Control Plan shall be available for review and inspection by the Department or the county conservation district at the project site during all stages of the earth disturbance activity.

   (8)  Upon complaint or site inspection, the Department or county conservation district may require that the Plan be submitted for review and approval to ensure compliance with this chapter.

 (c)  The Department or county conservation district may require other information necessary to adequately review a plan, or may require additional BMPs, on a case-by-case basis, when necessary to ensure the maintenance and protection of water quality and existing and designated uses.

Authority

   The provisions of this §  102.4 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § §  691.5 and 691.402); section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 11(2) of the Conservation District Law (3 P. S. §  859(2)).

Source

   The provisions of this §  102.4 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended February 3, 1978, effective February 20, 1978, 8 Pa.B. 288; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111. Immediately preceding text appears at serial pages (234603) to (234604).

Notes of Decisions

   Compliance Required

   Failure of the DER to notify operators of the requirements for erosion control plans until one and a half years after adoption of the regulations did not excuse an operator from compliance. Department of Environmental Resources v. Federal Oil and Gas Company, 73 Pa. D.&C.2d 148 (1975).

   Controlling Erosion

   The company was required to implement and maintain adequate erosion and sedimentation controls at the site so as to prevent accelerated erosion and sedimentation. Harbison-Walker Refractories v. Department of Environmental Protection, 1996 EHB 116.

   Under this regulation, control measures and regulations are clearly required, even in development activities where permits are not necessary and safeguards are clearly available to protect against possible adverse secondary erosion and sedimentation effects in a watershed. Community College of Delaware County v. Fox, 342 A.2d 468 (Pa. Cmwlth. 1975).

   Limited Liability

   An independent drilling contractor who prepared the gas well drilling site for the lessee of an oil and gas lease was not a person engaged in earth moving activities and cannot be charged with failure to develop and implement an erosion control plan, but would be held jointly and severally liable for discharges of oil and drilling fines from the gas well operation site. Department of Environmental Resources v. Federal Oil and Gas Company, 73 Pa. D. & C.2d 148 (1975).

   Stormwater

   Subdivision developer, while engaged in land development activities, had a duty to properly manage storm water runoff. This duty included compliance with a governmental district’s request to provide a storm water management plan to enable the township to properly reconstruct a road. Frisch v. Penn Township, 662 A.2d 1166 (Pa. Cmwlth. 1995).

Cross References

   This section cited in 25 Pa. Code §  92.21a (relating to additional application requirements for classes of dischargers); and 25 Pa. Code §  102.6 (relating to permit applications and fees).

 

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