1. APPROVAL OF COVERAGE UNDER
      2. THE EROSION AND SEDIMENT CONTROL (E&S) PERMIT FOR STORMWATER DISCHARGES
      3. ASSOCIATED WITH EARTH DISTURBANCE ACTIVITIES
  1. Table of Contents
      1. Subject Page
    1. APPENDIX A

3150-PM-BWEW0021
Rev. 7/2014
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF WATERWAYS ENGINEERING AND WETLANDS
APPROVAL OF COVERAGE UNDER
THE EROSION AND SEDIMENT CONTROL (E&S) PERMIT FOR STORMWATER DISCHARGES
ASSOCIATED WITH EARTH DISTURBANCE ACTIVITIES
E&S PERMIT NO:
ESP
PRIMARY FACILITY ID:
AUTHORIZATION NO:
SUBFACILITY ID:
APS NO.:
SITE/PROJECT NAME & ADDRESS
PERMITTEE NAME & ADDRESS
Name:
Name:
Location:
Client ID:
Address:
Address:
City, State, Zip:
City, State, Zip:
Phone:
Phone:
In compliance with the provisions of the Clean Water Act, 33 U.S.C.
Section 1251
et seq
. ("the Act") and
Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1
et seq.
, the Department of Environmental
Protection hereby approves the Notice of Intent (NOI)/application submitted for coverage to discharge stormwater
from an earth disturbance activity that involves equal to or greater than 25 acres of 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 25 acres of earth disturbance,
to the following surface water(s) of this Commonwealth:
subject to the Department's effluent limitations, monitoring and reporting requirements, and other terms, conditions,
criteria, and special requirements for the discharge of stormwater composed entirely of stormwater associated, in whole
or in part, with earth disturbance activity, as defined in this E&S permit, to surface waters of this Commonwealth,
including through municipal separate storm sewers and nonmunicipal separate storm sewers.
Authorization to
discharge is subject to the implementation of the plans and additional associated information submitted as part of the
application.
APPROVAL TO DISCHARGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN MAY COMMENCE
ON THE DATE OF THE APPROVAL OF COVERAGE, AND IS VALID FOR A PERIOD OF FIVE YEARS WHEN
CONDUCTED PURSUANT TO SUCH TERMS AND CONDITIONS. COVERAGE MAY BE EXTENDED BY THE
DEPARTMENT OR AUTHORIZED CONSERVATION DISTRICT IF A TIMELY ADMINISTRATIVELY COMPLETE AND
ACCEPTABLE APPLICATION FOR RENEWAL IS SUBMITTED TO THE DEPARTMENT OR AUTHORIZED
CONSERVATION DISTRICT AT LEAST 180 DAYS PRIOR TO DATE OF COVERAGE TERMINATION. THE PERMIT
MAY BE TERMINATED PRIOR TO THE EXPIRATION DATE UPON RECEIPT AND ACKNOWLEDGEMENT OF A
NOTICE OF TERMINATION FORM AND APPROVAL BY THE DEPARTMENT OR AUTHORIZED CONSERVATION
DISTRICT. NO CONDITION OF THIS PERMIT SHALL RELEASE THE PERMITTEE OR CO-PERMITTEE FROM ANY
RESPONSIBILITY OR REQUIREMENT UNDER PENNSYLVANIA, OR FEDERAL ENVIRONMENTAL STATUTES,
REGULATIONS, OR LOCAL ORDINANCES.
COVERAGE APPROVAL DATE:
COVERAGE EXPIRATION DATE:
AUTHORIZED BY:
TITLE:

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Rev. 7/2014
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Table of Contents
Subject
Page
1. Definitions................................................................................................................................................................. 1-3
2. Authority and Responsibilities of the Department or Authorized Conservation Districts .............................................3
3. Permit Application Submittal .......................................................................................................................................3
4. Notice of Termination (NOT) ........................................................................................................................................4
PART A – EFFLUENT LIMITATIONS, MONITORING, REPORTING AND REPORTING REQUIREMENTS.................5
1. Effluent Limitations ...................................................................................................................................5
2. Monitoring Inspection and Reporting Requirements ................................................................................5
3. Prohibitions ...............................................................................................................................................6
4. Record Keeping ........................................................................................................................................6
5. Discharges Consistent with Terms and Conditions of the Permit ............................................................6
PART B – STANDARD CONDITIONS...............................................................................................................................7
1. Management Requirements .....................................................................................................................7
2. Compliance Responsibilities.....................................................................................................................9
PART C – OTHER CONDITIONS ....................................................................................................................................11
1. Prohibition of NonStormwater Discharges..............................................................................................11
2. Antidegradation Implementation Requirements .....................................................................................11
3. Erosion and Sediment Control Plans......................................................................................................11
4. Recycling and Disposal of Building Materials and Wastes.....................................................................12
5. Preparedness, Prevention and Contingency (PPC) Plans .....................................................................12
6. PostConstruction Stormwater Management Plans.................................................................................12
7. PreConstruction Conferences.................................................................................................................13
8. Spoil or Borrow Area...............................................................................................................................13
9. Phased Projects......................................................................................................................................13
10. Clarification Assistance...........................................................................................................................13
11. Wetland Protection .................................................................................................................................13
12. Infiltration BMPs......................................................................................................................................13
13. Stabilization.............................................................................................................................................13
14. Sewage Facilities ....................................................................................................................................14
15. Long Term Operation and Maintenance .................................................................................................14
16. Riparian Buffer Requirements ................................................................................................................14
APPENDIX A ....................................................................................................................................................................17

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EROSION AND SEDIMENT CONTROL (E&S)
PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES
This permit applies to earth disturbance activities proposing a timber harvest or road maintenance activity that disturbs
equal to or greater than 25 acres, 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 25 acres of earth disturbance.
This permit does not apply to agricultural plowing and tilling, animal heavy use areas, or other earth disturbance
activities.
Earth disturbance activities associated with oil and gas exploration, production, processing or treatment operations, or
transmission facilities may be required to obtain permit coverage under the Erosion and Sediment Control General
Permit (ESCGP).
1.
DEFINITIONS
Note: Terms used in this permit not otherwise defined herein shall have the meaning attributed to them in 25 Pa.
Code Chapters 92a, 93, 96, 102 or 105.
Antidegradation Best Available Combination of Technologies (ABACT) – Environmentally sound and cost effective
treatment, land disposal, pollution prevention and stormwater re-use BMPs that individually or collectively manage
the difference in the net change in stormwater volume, rate, and quality for storm events up to and including the
2 year/24 hour storm when compared to the stormwater rate, volume, and quality prior to the earth disturbance
activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth.
Accelerated Erosion – The removal of the surface of the land through the combined action of human activities and
the natural processes, at a rate greater than would occur because of the natural process alone.
Authorized Conservation District – A conservation district, as defined in Section 3(c) of The Conservation District
Law (3 P.S. § 851(c), as amended) that has the authority under a delegation agreement executed with the
Department to administer and enforce all or a portion of the erosion, sediment, and stormwater management
program in the Commonwealth of Pennsylvania.
Best Management Practices (BMPs) – Activities, facilities, measures, planning, or procedures used to minimize
accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the
quality of waters and the existing and designated uses of waters of this Commonwealth before, during, and after
earth disturbance activities.
Clean Fill – Uncontaminated, nonwater soluble, nondecomposable, inert, solid material to include soil, rock, stone,
dredged material, used asphalt, and brick, block, or concrete from construction and demolition activities that is
separate from other waste and is recognizable as such. The term does not include materials placed in or on the
waters of this Commonwealth unless otherwise authorized. The term "used asphalt" does not include milled
asphalt or asphalt that has been processed for re-use.
Co-Permittee – Person(s) identified in this permit as responsible for the discharges of stormwater associated with
construction activity who is jointly and individually responsible together with the permittee for compliance with all
conditions of this permit and applicable laws.
Critical Stages – The installation of underground treatment BMPs, structurally engineered BMPs, or other BMPs as
deemed appropriate by the Department or the authorized conservation district.
CSO – Abbreviation for Combined Sewer Overflows
Department – The Department of Environmental Protection of this Commonwealth.
Director – The Director of the Bureau of Waterways Engineering and Wetlands, or any authorized employee
thereof.
Earth Disturbance Activity – A construction or other human activity which disturbs the surface of the land, including
land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling,
operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities,
well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
Effluent Limitation or Standard – A restriction established by the Department on quantities, rates, and
concentrations of chemical, physical, biological, and other constituents which are discharged from point sources
into surface waters including BMPs and schedules of compliance.

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Erosion – The natural process by which the surface of the land is worn away by water, wind, or chemical action.
E&S Permit – Erosion and Sediment Control Permit – A permit required for earth disturbance activities where the
earth disturbance is associated with timber harvesting, road maintenance activities, or oil and gas activities.
Erosion and Sediment Control Plan (E&S Plan) – A site-specific plan consisting of both drawings and a narrative
that identifies BMPs to minimize accelerated erosion and sedimentation before, during, and after earth disturbance
activities.
Licensed Professional – Professional engineers, landscape architects, geologists, and land surveyors licensed to
practice in the Commonwealth.
Long-term Operation and Maintenance – The routine inspection, maintenance, repair, or replacement of a BMP to
ensure proper function for the duration of time that the BMP is needed.
Municipality – A county, city, borough, town, township, school district, institution, or authority, or another public
body created by or pursuant to State Law. For the purposes of this definition, town includes an incorporated town.
Notice of Termination (NOT) – A request, on a form provided by the Department, to terminate coverage under an
E&S Permit for Stormwater Discharges Associated with Construction Activities.
Nondischarge Alternative – Environmentally sound and cost effective BMPs that individually or collectively
eliminate the net change in stormwater volume, rate, and quality for stormwater events up to and including the
2 year/24 hour storm when compared to the stormwater rate, volume, and quality prior to the earth disturbance
activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth.
Operator – A person who has one or more of the following:
(i)
Oversight responsibility of earth disturbance activity on a project site or a portion thereof, who has the ability
to make modifications to the E&S Plan, PCSM Plan, or site specifications.
(ii)
Day-to-day operational control over earth disturbance activity on a project site or a portion thereof to ensure
compliance with the E&S Plan or PCSM Plan.
Owner – A person(s) who holds the legal title to the land subject to construction activity. This term also includes
the person(s) who held legal title to the land subject to construction activity at the time such activity was
commenced on a site.
Permanent Stabilization – Long-term protection of soil and water resources from accelerated erosion.
Permit Application – A request, on a form provided by the Department, for coverage under an E&S Permit for
Stormwater Discharges Associated with Construction Activities.
Person – Any operator, individual, public or private corporation, partnership, association, municipality or political
subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal
representative, successor, joint venture, joint stock company, fiduciary; Department, agency or instrumentality of
state, federal, or local government, or an agent or employee thereof; or any other legal entity. Whenever used in
any clause prescribing and imposing a penalty, or imposing a fine or imprisonment or both, the term "person" shall
not exclude the members of an association and the directors, officers, or agents of a corporation.
Point Source – Any discernable, confined, and discrete conveyance, including, but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation,
landfill leachate collection system, or vessel, or other floating craft, from which pollutants are or may be discharged.
Post Construction Stormwater – Stormwater associated with a project site after the earth disturbance activity has
been completed and the project site is permanently stabilized.
Post Construction Stormwater Management Plan (PCSM Plan) – A site-specific plan consisting of both drawings
and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate, and water quality after
earth disturbance activities have ended and the project site is permanently stabilized.
Preparedness, Prevention, and Contingency Plan (PPC Plan) – A written plan that identifies an emergency
response program, material and waste inventory, spill and leak prevention and response, inspection program,
housekeeping program, security and external factors, and that is developed and implemented at the construction
site to control potential discharges of pollutants other than sediment into waters of this Commonwealth.
Project site – The entire area of activity, development, lease, or sale including:
(i)
The area of the earth disturbance activity.
(ii)
The area planned for the earth disturbance activity.

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(iii)
Other areas which are not subject to earth disturbance activity.
Riparian Buffer – A BMP that is an area of permanent vegetation along surface waters.
Riparian Forest Buffer – A type of riparian buffer that consists of permanent vegetation that is predominantly native
trees, shrubs, and forbs along surface waters that is maintained in a natural state or sustainably managed to
protect and enhance water quality, stabilize stream channels and banks, and separate land use activities from
surface waters.
Runoff Coefficient – The fraction of total rainfall that will appear at the conveyance as runoff.
Stabilization – The proper placing, grading, constructing, reinforcing, lining, and covering of soil, rock, or earth to
ensure their resistance to erosion, sliding, or other movement.
Stormwater – Runoff from precipitation, snow melt runoff, surface runoff, and drainage.
Surface Waters – Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural
seeps, and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment
impoundments, cooling water ponds, and constructed wetlands used as part of a wastewater treatment process.
Total Maximum Daily Load (TMDL) – The sum of the individual wasteload allocations for point sources, load
allocations for nonpoint sources, a margin of safety and natural background. TMDLs can be expressed in mass per
time, toxicity, or other appropriate measures.
Transferee – Person(s) identified through the co-permittee/transferee form as having new responsibility for the
discharges of stormwater during construction activities and responsibility for compliance with all conditions of this
permit and all applicable laws for discharges of stormwater during the construction activity.
Waters of this Commonwealth – Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm
sewers, lakes, dammed water, wetlands, ponds, springs, and other bodies or channels of conveyance of surface
and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this
Commonwealth.
Wetlands – Areas that are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
2.
AUTHORITY AND RESPONSIBILITIES OF THE DEPARTMENT OR AUTHORIZED CONSERVATION DISTRICTS
a. The Department or authorized conservation district may notify the permittee at any time that the permit terms
and conditions are not being met.
Upon plan review or site inspection, the Department or authorized
conservation district, may require E&S Plan revisions or other appropriate action to ensure compliance with the
conditions of this permit.
b. The Department or authorized conservation district has the right to enter onto the site to conduct inspections,
conduct monitoring, or require monitoring where necessary in appropriate circumstances such as where a
danger of water pollution or degradation is present, or water pollution or degradation is suspected to be
occurring from a construction activity subject to this permit. The permittee and co-permittee shall commence
such monitoring upon notification from the Department or authorized conservation district. Samples and
measurements taken as required herein shall be representative of the volume and nature of the monitored
discharge.
c. The Department or authorized conservation district may request copies of records required by this permit,
which could include the records required under Part A, Section 3 of this permit.
3.
PERMIT APPLICATION SUBMITTAL
a. General Information and Requirements
(1) Persons proposing to discharge stormwater associated with earth disturbance activities and eligible
persons proposing to expand the scope of a previously authorized earth disturbance activity which
discharges stormwater, who wish to be covered by this E&S permit, must submit an administratively
complete and acceptable permit application to the Department or authorized conservation district and
receive authorization from the Department prior to commencing the earth disturbance activity. The
application shall be filed in accordance with the detailed instructions specified in the application instruction
package.
(2) Operators of all earth disturbance activities shall develop, implement, and maintain erosion and sediment
(E&S) and postconstruction stormwater management (PCSM) BMPs and other pollution prevention

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measures required by this permit to minimize accelerated erosion and sedimentation before, during, and
after construction activities.
(3) E&S control BMPs shall be designed and implemented to meet the standards and specifications identified
in the Department’s regulations, including 25 Pa. Code § 102.4 (relating to Erosion and Sediment Control
requirements) and 102.11(a)(1) (relating to general requirements), and listed in the Department’s
Erosion
and Sediment Pollution Control Program Manual
, No. 363-2134-008, as amended and updated, or an
approved alternative that is at least as effective or better, when legally authorized.
(4) PCSM BMPs shall be designed and implemented to meet the standards and specifications identified in
the Department’s regulations, including 25 Pa. Code § 102.8 (relating to PCSM requirements) and
102.11(a)(2), and listed in the Department’s
Pennsylvania Stormwater Best Management Practices
Manual
, No. 363-0300-002, as amended and updated, or approved alternative that is as at least as
effective or better, when legally authorized.
(5) The E&S Plan, PCSM Plan, and PPC Plan shall identify appropriate BMPs that will be implemented to
ensure that existing and designated uses of surface waters are protected and maintained.
(6) The permittee or co-permittee shall have the E&S Plan, PCSM Plan, PPC Plan, and other documents
required by this permit maintained at the site and available for review by the Department, authorized
conservation district, or other authorized local, state, or federal agent or representative.
4.
NOTICE OF TERMINATION
a. Termination of Coverage
(1) Upon permanent stabilization of earth disturbance activity under 25 Pa. Code § 102.22(a)(2) (relating to
permanent stabilization) and installation of BMPs in accordance with the approved plan prepared and
implemented in accordance with 25 Pa. Code § 102.4 and 102.8, the permittee and/or co-permittee
shall submit a NOT to the Department or authorized conservation district. The NOT must include:
i. The facility name, address, and location;
ii. The operator name and address;
iii. The permit number;
iv. The reason for the permit termination; and
v. Identification of the persons who have agreed to and will be responsible for the long-term
operation and maintenance of PCSM BMPs.
(2) Until the permittee or co-permittee has received written approval of the NOT, the permittee or
co-permittee will remain responsible for compliance with the permit terms and conditions, including long-
term operation and maintenance of all PCSM BMPs on the project site in accordance with 25 Pa. Code
§ 102.8(m) The Department or authorized conservation district will conduct a follow up inspection and
approve or deny the NOT within 30 days of receipt in accordance with 25 Pa. Code § 102.7(c) (relating
to permit termination).
b. Final Certification
(1) The permittee shall enclose with the NOT “Record Drawings” with a final certification statement from a
licensed professional, which reads as follows:
“I (name) do hereby certify pursuant to the penalties of 18 Pa. C.S.A. § 4904 to the best of my
knowledge, information, and belief, that the accompanying record drawings accurately reflect
the as built conditions, are true and correct, and are in conformance with Chapter 102 of the
rules and regulations of the Department of Environmental Protection and that the project site
was constructed in accordance with the approved PCSM Plan, all approved plan changes, and
accepted construction practices.”
(2) The permittee shall retain a copy of the record drawings as part of the approved PCSM Plan. The
permittee shall also provide a copy of the record drawings as part of the approved PCSM Plan to the
persons identified as responsible for the long term operation and maintenance of PCSM BMPs.
Permittees shall also provide copies of both the record drawings and the long-term operation and
maintenance plan to the Department, authorized conservation district, and municipality.

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PART A
EFFLUENT LIMITATIONS, MONITORING, AND REPORTING REQUIREMENTS
1.
EFFLUENT LIMITATIONS
a. BMPs
Except as required by 25 Pa. Code
§
102.11(c), this permit establishes narrative performance based effluent
limitations in the form of BMPs identified in E&S Plans, PCSM Plans, and PPC Plans, which control the
volume, rate, and quality of stormwater runoff and associated pollutants from being discharged into surface
waters, and which replicate preconstruction infiltration and runoff conditions to the maximum extent practicable.
b. Applicable Effluent Limitations
Activities covered under this permit must comply with applicable effluent limitations established in 25 Pa. Code
Chapters 91, 93, 96, 102, and 105 and any applicable federal law or regulation.
c. Water Quality Based Effluent Limitations
Water quality based effluent limitations are applicable to activities conducted under this permit when required
under applicable state and federal law or regulation to ensure that the water quality standards of the receiving
water are attained. Activities conducted under this permit shall not result in a violation of such water quality
standards.
2.
MONITORING, INSPECTION, AND REPORTING REQUIREMENTS
a. Visual Inspections
The permittee and co-permittee(s) must ensure that visual site inspections are conducted weekly, and within
24 hours after each measurable stormwater event throughout the duration of earth disturbance and until the
receipt and acknowledgement of the NOT by the Department or authorized conservation district. The visual
site inspections and reports shall be completed on a form developed by the Department, and conducted by
qualified personnel, trained and experienced in erosion and sediment control, to ascertain that E&S, PCSM and
PPC BMPs are properly constructed and maintained to effectively minimize pollution to the waters of this
Commonwealth. A written report of each inspection shall be kept and include at a minimum:
(1) A Summary of the site conditions, E&S and PCSM BMPs, implementation and maintenance and
compliance actions; and
(2) The date, time, name and signature of the person conducting the inspection.
b. Licensed Professional Oversight of Critical Stages
A licensed professional or a designee shall be present onsite and responsible during critical stages of
implementation of the approved PCSM Plan. The critical stages may include the installation of underground
treatment or storage BMPs, structurally engineered BMPs, or other BMPs as deemed appropriate by the
Department or authorized conservation district.
c. Noncompliance Reporting
Where E&S, PCSM or PPC BMPs are found to be inoperative or ineffective during an inspection or any other
time the permittee becomes aware of any incident causing or threatening pollution as described in 25 Pa. Code
§
91.33 (relating to incidents causing or threatening pollution), the permittee and co-permittee(s) shall, within
24 hours, contact the Department or authorized conservation district, by phone or personal contact, followed by
the submission of a written report within five (5) days of the initial contact. Noncompliance reports shall include
the following information:
(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 noncompliance, 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 noncompliance; and
(4) The date or schedule of dates, and identifying remedies for correcting noncompliance conditions.

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d. Supplemental Monitoring
The Department or authorized conservation district may require additional monitoring where an increased risk
of potential water pollution is present, or water pollution is suspected to be occurring from a an earth
disturbance activity subject to this E&S Permit, or for any reason in accordance with 25 Pa. Code
§
92a.61
(relating to monitoring). The permittee or co-permittee shall commence such monitoring upon notification from
the Department or authorized conservation district.
e. Test Procedures
Unless otherwise specified in this permit, the test procedures for the analysis of pollutants shall be those
contained in 40 C.F.R. Part 136, alternate test procedures approved pursuant to that part, or other alternate
procedures approved by the Department.
f.
Recording of Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee or
co-permittee shall record the following information:
(1) The exact place, date and time of sampling or measurements.
(2) The person(s) who performed the sampling or measurements.
(3) The dates the analyses were performed.
(4) The person(s) who performed the analyses.
(5) The analytical techniques or methods used.
(6) The results of such analyses.
g. Availability of Reports
Except for data determined to be confidential under Section 607 of the Clean Streams Law, all reports and
other information prepared in accordance with the terms of this permit shall be available for public inspection at
the appropriate Department Regional Office or authorized conservation district.
3.
PROHIBITIONS
If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard
or prohibition) is established under §307(a) of the Federal Clean Water Act (CWA) for a toxic pollutant which is
present in the permittee's or co-permittee’s discharge, and such standard or prohibition is more stringent than any
limitation upon such pollutant in the E&S permit, the Department shall revise or modify the permit in accordance
with the toxic effluent standard or prohibition and so notify the permittee or co-permittee. In the absence of a
departmental action to modify or to revoke and reissue this permit, the toxic effluent standard or prohibition
established under §307(a) of the CWA is considered to be effective and enforceable against the permittee or co-
permittee.
4.
RECORD KEEPING
a. Retention of Records
The permittee and co-permittee(s) shall retain records of all monitoring information including copies of all
monitoring and inspection reports required by this permit, all monitoring information (including site log book,
calibration and maintenance records) and records of data used to complete the NOI/application for this permit,
for a period of three years from the date of the termination of coverage under this permit. This period of
retention must be extended during the course of any unresolved compliance, enforcement, or litigation or when
requested by the Department or authorized conservation district.
b. Reporting of Monitoring Results
Visual inspection monitoring results shall be submitted to the Department or authorized conservation district
upon request.
5.
DISCHARGES CONSISTENT WITH TERMS AND CONDITIONS OF THE PERMIT
All discharges authorized by this E&S permit shall be consistent with the terms and conditions of this permit.

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PART B
STANDARD CONDITIONS
1.
MANAGEMENT REQUIREMENTS
a. Permit Modification, Termination, or Revocation and Reissuance
(1) The E&S Permit will expire five (5) years from the date of its issuance.
(2) This permit may be modified, suspended, revoked, reissued, or terminated during its term for any of the
causes specified in 25 Pa. Code Chapter 102 (relating to erosion and sediment control), or to require
compliance with updated effluent limitation guidelines, water quality standards, impaired water listings, or
new TMDLs, including but not limited to, the following.
(a)
Violation of any terms or conditions of the permit.
(b)
Obtaining a permit by misrepresentation or failure to discuss fully all relevant facts.
(c)
A change in any condition that requires either a temporary or permanent reduction or elimination of
the permitted discharge.
(3) The filing of a request by the permittee or co-permittee for a permit or coverage modification, revocation
and reissuance, or termination, or a notification of planned changes or anticipated non-compliance, does
not stay any permit condition.
(4) Permit modification or revocation will be conducted according to 25 Pa. Code Chapter 102.
b. Duty to Provide Information
(1) The permittee or co-permittee(s) shall furnish to the Department or authorized conservation district within
thirty (30) days of the date of request, any information that the Department or authorized conservation
district may request to determine whether cause exists for modifying, revoking, reissuing, or terminating
this permit or coverage approved under this permit or to determine compliance with this permit.
(2) The permittee or co-permittee shall furnish, upon request, to the Department or authorized conservation
district, copies of records required to be kept by this permit.
(3) When the permittee or co-permittee becomes aware that they failed to submit any relevant facts or
submitted incorrect information in the NOI, E&S Plan, PCSM Plan, or PPC Plan or in any other report to
the Department or authorized conservation district, the permittee or co-permittee shall within 24 hours of
becoming aware of the deficiency submit or correct such facts or information.
(4) The permittee or co-permittee shall give seven (7) calendar days advance notice to the Department or
authorized conservation district of any planned physical alterations or additions to the permitted facility
which could, in any way, substantially affect the quality and/or quantity of stormwater discharged from the
activity.
c. Signatory Requirements
Documents required, submitted, or maintained under this permit shall be signed in accordance with the
following:
(1) Notices of Intent, Transferee/Co-permittee Form, and Notices of Termination.
(a) Corporations: (1) a president, secretary, treasurer, or vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision-making
functions for the corporation; or (2) the manager of one or more manufacturing, production, or
operating facilities, if authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
(b) Partnerships or sole proprietorships: a general partner or the proprietor, respectively; or
(c) Municipalities, state, federal, or other public agencies: either a principal executive officer or ranking
elected official such as: (1) the chief executive officer or secretary of the agency, or (2) a senior
executive officer having responsibility for the overall operations of a principal geographic unit of the
agency (e.g., PennDOT District Executive).

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(2) All reports, plans, documents, and other information required by the permit or requested by the
Department or authorized conservation district shall be signed by a duly authorized representative of the
permittee.
(3) If there is a change in the duly authorized representative of the permittee or co-permittee, respectively, the
permittee or co-permittee shall notify the Department or authorized conservation district within thirty
(30) days of the change.
d. Transfer of Ownership or Control
(1) This permit is not transferable to any person except after notice and acknowledgment by the Department
or authorized conservation district.
(a) In the event of any pending change in control or ownership of facilities from which the authorized
discharges emanate, the permittee or co-permittee shall notify the Department or authorized
conservation district using the form entitled "Transferee/Co-permittee Application" of such pending
change at least thirty (30) days prior to the change in ownership or control.
(b) The Transferee/Co-permittee Application form shall be accompanied by a written agreement between
the existing permittee and the new owner or operator stating that the existing permittee shall be liable
for violations of the permit up to and until the date of coverage transfer and that the new owner or
operator shall be jointly and individually liable for permit violations under the permit from that date on.
(c) After receipt of an administratively complete and acceptable transferee/co-permittee application form,
the Department or authorized conservation district shall notify the existing permittee and the new owner
or operator of its decision concerning approval of the transfer of ownership or control. Such requests
shall be deemed approved unless the Department or authorized conservation district notifies the
applicant otherwise within thirty (30) days.
(2) For purposes of this permit, operators shall include general contractors. If prior to construction activities,
the owner is the permittee and an operator/general contractor is later identified to become a co-permittee,
the owner shall:
(a) Notify the Department or authorized conservation district by submitting an administratively complete
and acceptable Transferee/Co-permittee Application form; and
(b) Ensure that monitoring reports and any other information requested under this permit shall reflect all
changes to the permittee and the co-permittee name.
(3) After receipt of the documentation described in (1) above, the permit will be considered modified by the
Department or authorized conservation district. For the purposes of this permit, this modification is
considered to be a minor permit modification.
(4) Upon authorization of a change in ownership or control, the existing permittee shall provide a copy of the
permit and approved plans to the new owner and/or co-permittee.
e. Removed Substances
Solids, sediments, and other pollutants removed in the course of treatment or control of stormwater shall be
disposed in accordance with federal and state law and regulations, in order to prevent any pollutant in such
materials from adversely affecting the environment.
f.
BMP Construction, Operation and Maintenance
The permittee and co-permittee(s) are responsible for the design, installation, operation, and maintenance of
the BMPs identified in the E&S Plan, PCSM Plan, and PPC Plan.
g. Adverse Impact
The permittee and co-permittee(s) shall take all reasonable steps to prevent, minimize, or cease any discharge
in violation of this permit.
h. Reduction, Loss, or Failure of BMP
Upon reduction, loss, or failure of any BMP, the permittee and co-permittee shall take immediate action to
restore, repair, or replace the BMP or provide an alternative method of treatment. Such restored BMP or
alternative treatment shall be at least as effective as the original BMP when properly installed. These actions
should be undertaken to ensure that there are no pollutional discharges to the waters of the Commonwealth.
This requirement is applicable in situations where the BMP is rendered ineffective, whether the cause or source
of the reduction, loss or failure is within or beyond the control of the permittee or co-permittee.

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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 E&S Permit. Any permit
noncompliance 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, reissuance, or modification; or for
denial of a permit or permit renewal.
b. Penalties for Violations of Permit Conditions
Any person who violates a permit condition, fails to take corrective action to abate violations or falsifies report
or other documents may be subject to criminal and/or civil penalties or other appropriate action for violations of
the terms and conditions of this E&S Permit under Sections 602 and 605 of the Clean Streams Law (35 P.S.
§
691.602 and 691.605), which are incorporated by reference.
c. Need to Halt or Reduce Activity Not a Defense
The permittee and/or co-permittee may not use as a defense in an enforcement action that it would have been
necessary to halt or reduce the permitted activity to maintain compliance with the conditions of this permit.
d. Penalties and Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee or
co-permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject.
e. Property Rights
This permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize
any injury to private property nor any invasion of personal rights, nor any infringement of federal, state, or local
laws or regulations.
f.
Severability
The provisions of this permit are severable; and if any provision of this permit, or the application of any
provision of this permit to any circumstance, is held invalid, the application of such provision to other
circumstances and the remainder of this permit shall not be affected thereby.
g. Other Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee or
co-permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law
or regulation under authority preserved by Section 510 of the Clean Water Act.
h. Right of Entry
Pursuant to Sections 5(b) and 305 of the Pennsylvania Clean Streams Law (35 P.S. §§691.5(b) and 691.305),
and §1917-A of the Administrative Code of 1929, the permittee and co-permittee shall allow the Director of the
Department, and/or an authorized representative of the Department, conservation district or, in the case of a
facility which discharges to a municipal separate storm sewer, an authorized representative of the municipal
operator or the separate storm sewer receiving the discharge, upon the presentation of credentials and other
documents, as may be required by law, to:
(1) Enter upon the permittee's or co-permittee's premises where a regulated facility or activity is located or
conducted or where records must be kept under the conditions of this permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the terms and
conditions of this permit;
(3) Inspect any facilities or equipment (including monitoring and control equipment); and
(4) Observe or sample any discharge of stormwater.
i.
Availability of Reports
Except for data determined to be confidential under Section 607 of the Clean Streams Law (35 P.S. §691.607),
all reports prepared in accordance with the terms of this permit shall be available for public inspection at the
offices
of
the
Department
or
authorized
conservation
district.
As
required
by
the
Clean
Streams Law, permit applications, permits, and other documents related to this permit shall not be considered
confidential.

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j.
Penalties for Falsification of Reports
Any person who knowingly makes any false material statement, representation, or certification in any record or
other document submitted or required to be maintained under this permit, including reports of compliance or
noncompliance is subject to criminal sanctions as set forth for false swearing and unsworn falsification at
18 Pa. C.S. §§ 4903-4904 and Section 611 of the Clean Streams Law (35 P.S. §691.611).

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PART C
OTHER CONDITIONS
1.
PROHIBITION OF NONSTORMWATER DISCHARGES
All discharges covered by this permit shall be composed entirely of stormwater. Discharges of material other than
stormwater must be in compliance, when required, with an NPDES permit (other than this permit) issued for the
discharge. Discharge of sewage or industrial waste (other than sediment under this permit) to an E&S BMP is not
permitted.
The permittee/co-permittee may not discharge floating materials, oil, grease, scum, foam, sheen, and substances
which: produce odor, taste, or turbidity or settle to form deposits in concentrations or amounts sufficient to be, or
create a danger of being, inimical to the water uses to be protected or human, animal, plant, or aquatic life.
2.
ANTIDEGRADATION IMPLEMENTATION REQUIREMENTS
To satisfy the antidegradation implementation requirements in § 93.4(b) (relating to implementation of
antidegradation requirements), for an earth disturbance activity that requires a permit under this chapter and for
which any receiving surface water of the Commonwealth is classified as High Quality or Exceptional Value under
Chapter 93, the person proposing the activity shall, in the permit application, do the following:
(i) Evaluate and include nondischarge alternatives in the E&S Plan and PCSM Plan, unless a person
demonstrates that nondischarge alternatives do not exist for the project.
(ii) If the person makes the demonstration that nondischarge alternatives do not exist for the project, the
E&S Plan and PCSM Plan must include ABACT, expect as provided in § 93.4c(b)(iii).
(iii) For the purposes of Chapter 102, nondischarge alternatives and ABACT and their design standards are
listed in the Erosion and Sediment Pollution Control Program Manual and the Pennsylvania Stormwater
Best Management Practices Manual, both as amended and updated.
3.
EROSION AND SEDIMENT CONTROL PLANS
a. Unless otherwise authorized by the Department or conservation district after consultation with the Department,
earth disturbance activities shall be planned and implemented to the extent practicable in accordance with the
following:
(1) Minimize the extent and duration of earth disturbance.
(2) Maximize protection of existing drainage features and vegetation.
(3) Minimize soil compaction.
(4) Utilize other measures or controls that prevent or minimize the generation of increased stormwater runoff.
b. An E&S Plan shall be prepared in accordance with the requirements of 25 Pa. Code Chapter 102 and by a
person trained and experienced in erosion and sediment control methods and techniques applicable to the size
and scope of the project being designed. Each E&S Plan must be submitted to and approved by the
Department or authorized conservation district. The BMPs shall be designed to minimize the potential for
accelerated erosion and sedimentation in order to protect, maintain, reclaim, and restore water quality and
existing and designated uses. Various BMPs and their design standards are listed in the
Erosion and
Sediment Pollution Control Program Manual,
No. 363-2134-008, as amended and updated. The manual is
available from the Department or authorized conservation district or can be downloaded from the Department's
website at
www.dep.state.pa.us
. E&S Plans and BMPs, and revisions thereto, which meet the requirements of
25 Pa. Code Chapters 93, 96 (relating to water quality standards implementation), and 102, are conditions of
this permit and are incorporated by reference.
c. E&S Control Plans required under this permit are considered reports that shall be available to the public under
Section 607 of the Clean Streams Law (35 P.S. §691.611). The owner or operator of a facility with stormwater
discharges covered by this permit shall make E&S Plans available to the public upon request. E&S Plans must
be made available at the site of the construction activity at all times.
d. The staging of earth disturbance activities and maintenance requirements contained in the approved E&S Plan
must be followed.
e. Upon the installation or stabilization of all perimeter sediment control BMPs and at least three (3) days prior to
proceeding with the bulk earth disturbance activities, the permittee or co-permittee shall provide notification to
the Department or authorized conservation district.

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f.
The E&S Plan must be consistent with the assumptions and requirements of any assigned Wasteload
Allocations (WLAs) for the discharges as set forth in any applicable Total Maximum Daily Loads (TMDLs)
established for the receiving waters.
4.
RECYCLING AND DISPOSAL OF BUILDING MATERIALS AND WASTES
All building materials and wastes must be removed from the site and recycled or disposed in accordance with the
Department’s Solid Waste Management Regulations at 25 Pa. Code Ch. 260a (relating to hazardous waste
management system: general), Ch. 271 (related to municipal waste management system – general provisions),
and Ch. 287 (relating to residual waste management system – general provisions). No building material or wastes
or unused building materials shall be burned, buried, dumped, or discharged at the site.
5.
PREPAREDNESS, PREVENTION, AND CONTINGENCY (PPC) PLANS
If toxic, hazardous, or other polluting materials will be on site, the permittee or co-permittee(s) must develop a
PPC Plan for use while those materials are on site in accordance with 25 Pa. Code
§
91.34 (relating to activities
utilizing pollutants).
The PPC Plan shall identify areas which may include, but are not limited to, waste
management areas, raw material storage areas, fuel storage areas, temporary and permanent spoils storage
areas, maintenance areas, and any other areas that may have the potential to cause noncompliance with the terms
and conditions of this permit due to the storage, handling, or disposal of any toxic or hazardous substances such as
oil, gasoline, pesticides, herbicides, solvents, concrete washwaters, etc.
BMPs shall be developed and
implemented for each identified area. The PPC Plan shall be maintained on site at all times and shall be made
available for review at the Department's or authorized conservation district's request.
6.
POSTCONSTRUCTION STORMWATER MANAGEMENT PLANS
a. The management of post construction stormwater shall be planned and conducted to the extent practicable in
accordance with the following:
(1) Preserve the integrity of stream channels and maintain and protect the physical, biological, and chemical
qualities of the receiving stream.
(2) Prevent an increase in the rate of stormwater runoff.
(3) Minimize any increase in stormwater runoff volume.
(4) Minimize impervious areas.
(5) Maximize the protection of existing drainage features and existing vegetation.
(6) Minimize land clearing and grading.
(7) Minimize soil compaction.
(8) Utilize other structural or nonstructural BMPs that prevent or minimize changes in stormwater runoff.
b. A PCSM Plan shall be prepared in accordance with the requirements of 25 Pa. Code Chapter 102 and by a
person trained and experienced in PCSM design methods and techniques applicable to the size and scope of the
project being designed. The management of post construction stormwater shall be planned and conducted in
accordance with 25 Pa. Code §102.8. Various BMPs and their design standards are listed in the
Pennsylvania
Stormwater Best Management Practices Manual,
No. 363-0300-002, as amended and updated. The manual is
available from the Department or authorized conservation district or can be downloaded from the Department's
website at
www.dep.state.pa.us
.
Each PCSM Plan must be submitted to the Department or authorized
conservation district. The PCSM plan must employ stormwater management BMPs to control the volume, rate,
and water quality of the postconstruction stormwater runoff so as to protect and maintain the chemical, physical,
biological properties, and existing and designated uses of the waters of this Commonwealth.
c. PCSM Plans required under this permit are considered reports that shall be available to the public under
Section 607 of the Clean Streams Law (35 P.S. §691.607). The owner or operator of a facility with stormwater
discharges covered by this permit shall make PCSM Plans available to the public upon request. The PCSM
Plans must be made available at the site of the construction activity at all times.
d. A licensed professional or their designee shall be present onsite and be responsible for oversight of critical
stages of implementation of the approved PCSM Plan. The licensed professional will be responsible to provide
a final certification, pursuant to 25 Pa. Code § 102.8(l) along with the required NOT and record drawings,
indicating that the project site was constructed in accordance with the approved or modified PCSM Plan.
e. The PCSM Plan must be consistent with the assumptions and requirements of any available WLAs for the
discharges as set forth in any applicable TMDLs established for the receiving waters.

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f.
The portion of a site reclamation or restoration plan that identifies PCSM BMPs to manage stormwater from
pipelines or other similar utility infrastructure may be used to satisfy the PCSM requirements if the PCSM
reclamation, or restoration plan meets the requirements of 25 Pa. Code § 102.8(b), (c), (e), (f), (h), (i) and (l),
and when applicable, (m).
7.
PRECONSTRUCTION CONFERENCES
For earth disturbance activities authorized by this permit, a preconstruction meeting is required, unless the permittee
has been notified otherwise in writing by the Department or authorized conservation district. The permittee shall invite
the Department or authorized conservation district to attend the preconstruction meeting and provide at least seven
(7) days notice of the preconstruction meeting to all invited attendees. Permittees, co-permittees operators, and
licensed professionals, or designees responsible for earth disturbance activity, including implementation of E&S,
PCSM and PPC Plans and critical stages of implementation of the approved PCSM Plan, shall attend the
preconstruction meeting. Permittees, Co-permittees, Operators and Licensed Professionals are responsible for
ensuring that all activities on the site comply with the requirements of the permit.
8.
SPOIL OR BORROW AREA
An E&S Plan or other authorization meeting the regulatory requirements detailed in 25 Pa. Code § 102.4(b) shall
be received and approved by the Department or authorized conservation district and implemented for all spoil and
borrow areas, regardless of their location.
Clean Fill Requirements
Any person placing clean fill that has been affected by a spill or release of a regulated substance must use
Department Form FP-001 (Certification of Clean Fill) to certify the origin of the fill material and the results of the
analytical testing to qualify the materials as clean fill. The form must be retained by the owner of the property
receiving the fill. Fill material not qualifying as clean fill is regulated fill and must be managed in accordance with
the Department's municipal or residual waste regulations based on 25 Pa. Code Chapters 271 or 287, whichever is
applicable.
9.
PHASED PROJECTS
Prior to the commencement of earth disturbance activities for subsequent phases of the project, the permittee or
co-permittee shall submit an E&S Plan and PCSM Plan and supporting information for each additional phase or
portion of the project to the Department or authorized conservation district for approval. Coverage under this
permit is only granted for those phases or portions of a project for which an E&S Plan and PCSM Plan has been
submitted and approved by the Department or authorized conservation district.
10. CLARIFICATION ASSISTANCE
The permittee or co-permittee shall contact the Department or authorized conservation district for clarification of
any requirements contained in the E&S Plan, PCSM Plan, PPC Plan, or other documents related to this permit.
11. WETLAND PROTECTION
If hydric soils or other wetland features are present, a wetland determination must be conducted in accordance with
Department procedures. A copy of the wetland determination should be provided to the Department or authorized
conservation district as part of the NOI/application. All wetlands identified must be included on the E&S Plan and
PCSM Plan. Special precautions must be taken to protect wetlands and other water resources identified in the
NOI, plans, and other supporting documents.
12. INFILTRATION BMPs
Where infiltration BMPs are being utilized, the permittee and co-permittee must ensure that soil compaction is
avoided or minimized in those areas.
If the areas planned for infiltration BMPs are compromised through
compaction or other means, additional soil testing must be performed to verify that the BMP will perform as
planned.
13. STABILIZATION
Upon final completion of an earth disturbance activity or any stage or phase of an activity; or temporary cessation
of the earth disturbance activity, or any stage or phase of an activity where the cessation of earth disturbance will
exceed four (4) days, the project site shall be immediately stabilized in accordance with the requirements of 25 Pa.
Code §102.22(a) or (b) (relating to site stabilization), as applicable. E&S BMPs shall be implemented and
maintained until permanent stabilization is completed. Once permanent stabilization has been established the

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temporary E&S BMPs shall be removed. Any areas disturbed in the act of removing temporary E&S BMPs shall be
permanently stabilized upon completion of the temporary E&S BMP removal activity.
14. SEWAGE FACILITIES
Earth disturbance may not commence until all related Act 537 Sewage Facilities Planning approvals have been
obtained.
15. LONG-TERM OPERATION AND MAINTENANCE
a. The permittee or co-permittee shall be responsible for long-term operation and maintenance of PCSM BMPs
unless a different person is identified in the NOT and that person has agreed to long-term operation and
maintenance of PCSM BMPs.
b. For any property containing a PCSM BMP, the permittee or co-permittee shall record an instrument with the
Recorder of Deeds which will assure disclosure of the PCSM BMP and the related obligations in the ordinary
course of a title search of the subject property. The recorded instrument must identify the PCSM BMP, provide
for necessary access related to long-term operation and maintenance for PCSM BMPs, and provide notice that
the responsibility for long-term operation and maintenance of the PCSM BMPs is a covenant that runs with the
land that is binding upon and enforceable by subsequent grantees, and provide proof of filing with the NOT
under 25 Pa. Code § 102.8(m)(2).
c. For Commonwealth owned property, a covenant that runs with the land is not required until the transfer of the
land containing a PCSM BMP occurs. Upon transfer of the Commonwealth-owned property containing the
PCSM BMP, the deed must comply with 25 Pa. Code § 102.8(m)(3). An agency of the federal government
shall not be required to make or record a declaration of covenants on its property until transfer of the property
to an non-federal or non-commonwealth entity or individual. Upon transfer of the Commonwealth owned or
federally owned property containing the PCSM BMP, the deed must comply with 25 Pa. Code § 102.8(m)(3).
d. The person responsible for performing long-term operation and maintenance may enter into an agreement with
another person, including a conservation district, nonprofit organization, municipality, authority, private
corporation, or other person, to transfer the responsibility for PCSM BMPs or to perform long-term operation
and maintenance and provide notice thereof to the Department.
e. A permittee or co-permittee that fails to transfer long-term operation and maintenance of the PCSM BMPs or
otherwise fails to comply with this requirement, shall remain jointly and severally responsible with the
landowner for long-term operation and maintenance of the PCSM BMPS located on the property.
f.
Unless a later date is approved by the Department in writing, the permittee shall record an instrument as
required under 25 Pa. Code Subsection 102.8(m)(2) and condition 15b of this permit within 45 days from the
date of issuance of this permit or authorization. Unless the Department authorizes a different procedure, the
long-term operation and maintenance plan shall be recorded along with the instrument. Unless a later date is
approved by the Department in writing, the permittee shall provide the conservation district and the Department
with the date and place of recording along with a reference to the docket, deed book or other record, within 90
days from the date of issuance of this permit or authorization
g. Unless an alternative process is approved by the Department in writing, upon the sale or other transfer of any
parcel, lot, road or other real property included within the permit boundary, the permittee shall notify the
purchaser, grantee, or transferee of the long-term PCSM BMP operation and maintenance requirements. The
permittee shall expressly identify the PCSM BMPs on each property, the schedule for inspection and reporting,
the person or entity responsible for long-term operation and maintenance of the PCSM BMPs and how access
to the BMPs will be achieved and shall obtain approval from the purchaser, grantee or transferee. Unless a
later date is approved by the Department in writing, the permittee shall provide the conservation district and the
Department with notice of compliance with this section within 45 days from the date of transfer of the property
and at the time the permittee files a Notice of Termination.
16. RIPARIAN BUFFER REQUIREMENTS
a. Persons proposing or conducting earth disturbance activities under this permit, may not conduct earth
disturbance activities within 150 feet of a perennial or intermittent river, stream, or creek, or lake, pond, or
reservoir when the project site is located in an exceptional value or high quality watershed attaining its
designated use as listed by the Department at the time of application and shall protect any existing riparian
buffer.
b. Persons proposing or conducting earth disturbance activities under this permit, where the project is located in
an exceptional value or high quality watershed where there are waters failing to attain one or more designated
uses as listed in Category 4 or 5 on Pennsylvania’s Integrated Water Quality Monitoring and Assessment

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report, as amended and updated, at the time of application, and the project site contains, is along or within
150 feet of a perennial or intermittent river, stream, or creek, lake, pond, or reservoir shall do one of the
following: (1) protect an existing riparian forest buffer, (2) convert an existing riparian buffer to a riparian forest
buffer, or (3) establish a new riparian forest buffer.
c. To qualify as a riparian forest buffer, an existing, converted, or newly established riparian forest buffer, whether
mandatory or voluntary, must meet the requirements related to composition, width and management contained
in 25 Pa. Code
§
102.14(b).
d. All riparian buffer must meet the following management requirements:
(1) ensure that stormwater enters the riparian buffer as sheet flow or shallow concentrated flow during storm
events up to and including the 2 year/24 hour storm.
(2) Wetlands located in the riparian buffer shall be protected and maintained consistent with Chapter 105
(relating to dam safety and waterway management.)
(3) Riparian buffer must be measured horizontally and perpendicularly to the bank with no more than
10% variation below the minimum width from the normal pool elevation for lake, pond or reservoir and
from top of streambank.
e. Activities exempt from riparian buffer requirements are listed in 25. Pa. Code § 102.14(d)(1).
f.
Earth disturbance activities listed under 25 Pa. Code § 102.14(d)(2), may request a waiver of the riparian buffer
requirements, upon a demonstration by the applicant that there are reasonable alternatives for compliance, so
long as any existing riparian buffer is undisturbed to the extent practicable and the activity will meet all other
requirements. Applicants requesting a waiver shall submit a written request for a waiver to the Department or
Conservation district. Projects qualifying for a waiver must comply with all other applicable requirements or laws
as administered by the Department.
g. Riparian forest buffers meeting all requirements will prevent thermal impacts and is a nondischarge alternative.
Credits may be available for trading or offsets in accordance with any procedures established by the
Department or any regulations related to trading or offsetting developed under the Chapter 102 regulations.
h. The following practices and activities are prohibited within the riparian buffer:
(1) Soil disturbance by grading, stripping of topsoil, plowing, cultivating or other practices except as allowed in
paragraph (j)(1).
(2) Draining by ditching, underdrains or other drainage systems.
(3) Housing, grazing or otherwise maintaining animals for agricultural or commercial purposes.
(4) Storing or stockpiling materials.
(5) Off- road vehicular travel.
i.
The following practices and activities are allowable in the riparian buffer when authorized by the Department:
(1) Construction or placement of roads, bridges, trails, storm drainage, utilities or other structures.
(2) Water obstructions or encroachments.
(3) Restoration projects.
j.
The following practices and activities are allowed within the riparian buffer:
(1) Activities or practices used to maintain the riparian buffer including the disturbance of existing vegetation,
and tree and shrub removal, as needed to allow for natural succession of native vegetation and protection
of public health and safety.
(2) Timber harvesting activities in accordance with the riparian forest buffer management plan as part of the
PCSM Plan.
(3) Passive or low impact recreational activities so long as the functioning of the riparian buffer is maintained.
(4) Emergency response and other similar activities.
(5) Research and data collection activities, which may include water quality monitoring and stream gauging.

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k. Permitees and co-permittees who protect an existing riparian buffer or convert or establish a riparian buffer
shall provide permanent protection for the riparian buffer which must be protected in perpetuity through deed
restriction, conservation easement, local ordinance, permit conditions or any other mechanisms that ensure the
long term functioning and integrity of the riparian buffer. The boundary limit of the riparian buffer must be
identified and clearly marked.
l.
Permittees and co-permittees who protect an existing riparian buffer or convert or establish a riparian buffer shall
complete data forms provided by the Department and submit the forms to the Department or Conservation district
within one year of establishment or protection.

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APPENDIX A
The following numeric effluent limits or other special conditions are incorporated as terms and conditions with this permit
authorization.

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