*please be advised:

New Chapter 102 Permitting Forms Required:

The Department of Environmental Protection (DEP) published a reissued PAG-02 NPDES General Permit for Discharges of Stormwater Associated with Construction Activities (PAG-02) and associated documents (2019 General Permit), a new individual NPDES permit application, and a host of new permit-related forms in December 2019.  As of December 8, 2019, all 102 permit applications must be submitted on the new forms. Please click the link below to access the DEP E&S Resources page where the new forms can be accessed.

DEP has also developed a Frequently Asked Questions (FAQ) Document to aid the regulated community with the transition to the new permits and applications. 

are you required?

Who is required to develop and implement an E&S Plan?

According to 25 Pa. Code §102.4(b)(2): A person proposing earth disturbance activities shall develop and implement a written E&S Plan under this chapter if one 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 E&S Plan under this chapter or under other Department regulations.

(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 under Chapter 93 (relating to water quality standards).

Who is required to implement and maintain E&S BMPs?

According to 25 Pa. Code §102.4(b)(1): The implementation and maintenance of E&S 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).

Who is required to obtain NPDES Permit coverage?

According to 25 Pa. Code §102.5(a): (a)  Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, shall obtain an individual NPDES Permit or coverage under a general NPDES permit for Stormwater Discharges Associated With Construction Activities prior to commencing the earth disturbance activity. In addition to other applicable requirements, persons required to obtain an Individual NPDES Permit for Stormwater Discharges Associated With Construction Activities for projects proposed in special protection watersheds shall evaluate and use BMPs in accordance with antidegradation requirements in § §  102.4(b)(6) and 102.8(h) (relating to erosion and sediment control requirements; and PCSM requirements) regardless of whether the discharge is new, additional or increased.

Timber Harvesting

§102.5. (a) – A person proposing a timber harvesting or road maintenance activity involving 25 acres (10 hectares) or more of earth disturbance shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.

§102.5. (c) – A person proposing oil and gas activities that involve 5 acres (2 hectares) or more of earth disturbance over the life of the project shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.

§102.5. (d) – Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting or road maintenance activities, a person proposing earth disturbance activities that involve 5 acres (2 hectares) or more of earth disturbance over the life of the project that do not require a permit under subsections (a), (b), and (c), shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity