1. PAG-02
      2. AUTHORIZATION TO DISCHARGE UNDER THE
      3. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
      4. GENERAL PERMIT FOR DISCHARGES OF
      5. STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
      6. NPDES PERMIT NO: ( PERMIT ID NO. )
      7. PAG-02
      8. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
      9. GENERAL PERMIT FOR DISCHARGES OF
      10. STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES

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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF CLEAN WATER
PAG-02
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
GENERAL PERMIT FOR DISCHARGES OF
STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
NPDES PERMIT NO: ( PERMIT ID NO. )
In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251
et seq
. and Pennsylvania's Clean
Streams Law, as amended, 35 P.S. Section 691.1
et seq
., the Department of Environmental Protection (DEP)
authorizes the permittee named below to discharge stormwater associated with small construction activities from an
earth disturbance activity that involves earth disturbance greater than or equal to one acre, or an earth disturbance on
any portion, part, or during any stage of a larger common plan of development or sale that involves earth disturbance
greater than or equal to one acre:
Permittee
Project Site
( Permittee Name(s) )
( Permittee Mailing Address )
( Permittee City, State, Zip )
( Project Site Name )
( Municipality Name(s) ), ( County Name(s) )
This authorization is subject to DEP’s enclosed PAG-02 General Permit which incorporates all 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 construction activity, as defined in
this General Permit, to surface waters of this Commonwealth, including through municipal separate storm sewers and
non-municipal separate storm sewers. Authorization to discharge is subject to the implementation of the plans and
additional associated information submitted as part of the Notice of Intent (NOI).
APPROVAL TO DISCHARGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN IS AUTHORIZED
BEGINNING ON ( EFFECTIVE DATE OF COVERAGE ), AND WILL EXPIRE ON ( EXPIRATION DATE OF
COVERAGE ) WHEN CONDUCTED PURSUANT TO THE TERMS AND CONDITIONS OF THE APPLICABLE
PERMIT. COVERAGE MAY BE EXTENDED BY DEP OR AUTHORIZED CONSERVATION DISTRICT IF A TIMELY,
ADMINISTRATIVELY COMPLETE AND ACCEPTABLE RENEWAL NOI IS SUBMITTED TO DEP OR AUTHORIZED
CONSERVATION DISTRICT AT LEAST 180 DAYS PRIOR TO DATE OF COVERAGE EXPIRATION. THE PERMIT
MAY BE TERMINATED PRIOR TO THE EXPIRATION DATE UPON RECEIPT AND ACKNOWLEDGEMENT OF A
NOTICE OF TERMINATION FORM AND APPROVAL BY DEP 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 under the PAG-02 General Permit is authorized by:
( Manager Name )
( Manager Title )
( Name of CCD or DEP Office )

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Table of Contents
Subject
Page
I.
Definitions ............................................................................................................................................................ 1
II.
Authority and Responsibilities of DEP or Authorized Conservation Districts ...................................................... 4
III.
Notice of Intent (NOI) Submittal ......................................................................................................................... 4
IV.
Notice of Termination (NOT) ............................................................................................................................... 6
PART A – EFFLUENT LIMITATIONS, MONITORING, AND REPORTING REQUIREMENTS.................................. 8
I.
Effluent Limitations........................................................................................................................................ 8
II.
Monitoring, Inspection, and Reporting Requirements .................................................................................. 8
III.
Record Keeping ............................................................................................................................................ 9
IV.
Discharges Consistent With Terms and Conditions of the Permit................................................................ 9
PART B – STANDARD CONDITIONS ....................................................................................................................... 10
I.
Management Requirements........................................................................................................................ 10
II.
Compliance Responsibilities ....................................................................................................................... 12
PART C – OTHER CONDITIONS............................................................................................................................... 14
I.
Prohibition of Nonstormwater Discharges .................................................................................................. 14
II.
Erosion and Sediment Control Plans.......................................................................................................... 14
III.
Recycling and Disposal of Building Materials and Wastes ......................................................................... 14
IV.
Preparedness, Prevention and Contingency (PPC) Plans ......................................................................... 15
V.
Post Construction Stormwater Management Plans .................................................................................... 15
VI.
Pre-Construction Meeting ........................................................................................................................... 15
VII.
Spoil or Borrow Areas ................................................................................................................................. 16
VIII. Phased Projects .......................................................................................................................................... 16
IX.
Clarification Assistance............................................................................................................................... 16
X.
Wetland Protection...................................................................................................................................... 16
XI.
Infiltration BMPs .......................................................................................................................................... 16
XII.
Stabilization................................................................................................................................................. 16
XIII. Sewage Facilities ........................................................................................................................................ 16
XIV. Long-Term Operation and Maintenance..................................................................................................... 17
XV. Voluntary Riparian Forest Buffers............................................................................................................... 17
XVI. Municipal Separate Storm Sewer Systems (MS4s) MCM Fulfillment......................................................... 17
XVII. Public Notice for Applications Including an Offset or Trade ....................................................................... 17

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PAG-02
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
GENERAL PERMIT FOR DISCHARGES OF
STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
This permit applies to earth disturbance activities that disturb greater than or equal to one (1) acre, or an earth
disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves
greater than or equal to one (1) acre of earth disturbance.
This permit does not apply to agricultural plowing and tilling, animal heavy use areas, timber harvesting activities, and
road maintenance 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).
I.
DEFINITIONS
Note: Terms used in this permit not otherwise defined herein shall have the meaning attributed to them in 40 CFR
Part 122 and 25 Pa. Code Chapters 92a, 93, 96, 102 or 105.
Administrator – The Environmental Protection Agency (EPA) regional administrator.
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 DEP 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 DEP or the authorized conservation district.
CSO – Abbreviation for Combined Sewer Overflows
DEP – The Department of Environmental Protection of this Commonwealth.
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.

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Effluent Limitation or Standard – A restriction established by DEP or the Administrator 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.
EPA – Abbreviation for the Environmental Protection Agency
Erosion – The natural process by which the surface of the land is worn away by water, wind, or chemical action.
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.
MCM – Abbreviation standing for Minimum Control Measure.
MS4 – Abbreviation standing for Municipal Separate Storm Sewer System. A separate storm sewer (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or
storm drains) which is all of the following:
(i) Owned or operated by a State, city, town, borough, county, district, association or other public body (created
by or under state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other
wastes, including special districts under state law such as a sewer district, flood control district, or drainage
district, or similar entity, or a designated and approved management agency under Section 208 of the
Federal Act (33 U.S.C.A. § 1288) that discharges to surface waters of this Commonwealth.
(ii) Designed or used for collecting or conveying stormwater.
(iii) Not a combined sewer.
(iv) Not part of a POTW.
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 Intent (NOI) – A request, on a form provided by DEP, for coverage under a General NPDES Permit for
Stormwater Discharges Associated with Construction Activities.
Notice of Termination (NOT) – A request, on a form provided by DEP, to terminate coverage under a General
NPDES 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.
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

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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.
(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.

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II.
AUTHORITY AND RESPONSIBILITIES OF DEP OR AUTHORIZED CONSERVATION DISTRICTS
A. DEP or the 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, DEP or the authorized conservation district
may require E&S Plan revisions or other appropriate action to ensure compliance with the conditions of this
permit.
B. DEP or the 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 DEP or the authorized conservation district. Samples and measurements
taken as required herein shall be representative of the volume and nature of the monitored discharge.
C. DEP or the authorized conservation district may request copies of records required by this permit, which
could include the records required under Part A, Section III of this permit.
D. DEP may require by written notice any person authorized by this permit to apply for an Individual NPDES
permit. This notice shall include the following:
1. A brief statement of the reasons for the decision,
2. An application form for an Individual NPDES permit, and
3. A statement setting a 90-day deadline for the owner or operator to file an application.
III.
NOTICE OF INTENT (NOI) SUBMITTAL
A. General Information and Requirements
1. Persons proposing to discharge stormwater associated with construction activities and eligible persons
proposing to expand the scope of a previously authorized construction activity which discharges
stormwater, who wish to be covered by this general permit, must submit an administratively complete
and acceptable Notice of Intent (NOI) to DEP or the authorized conservation district and receive
authorization from DEP or the authorized conservation district prior to commencing the construction
activity. The NOI shall be filed in accordance with the detailed instructions specified in the NOI instruction
package.
2. Operators of all construction activities shall develop, implement, and maintain erosion and sediment
(E&S) and postconstruction stormwater management (PCSM) BMPs and other pollution prevention
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 DEP’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 DEP’s
Erosion and
Sediment Pollution Control Program Manual
, No. 363-2134-008, as amended and updated, or an
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
DEP’s regulations, including 25 Pa. Code § 102.8 (relating to PCSM requirements) and 102.11(a)(2),
and listed in DEP’s
Pennsylvania Stormwater Best Management Practices Manual
, No. 363-0300-002,
as amended and updated, or 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 DEP, authorized conservation
district, or other authorized local, state, or federal agent or representative.
B. The following activities are not eligible for coverage under this permit:
1. Discharges to waters, including wetlands, with a designated or existing use of High Quality or Exceptional
Value pursuant to 25 Pa. Code Chapter 93 (relating to Water Quality Standards);

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2. Discharges which contain hazardous pollutants, toxics, or any other substance which - because of its
quantity, concentration, or physical, chemical, or infectious characteristics - may cause or contribute to
an increase in mortality or morbidity in either an individual or the total population, or pose a substantial
present or future hazard to human health or the environment when discharged into surface waters of
this Commonwealth;
3. Discharges which individually or cumulatively have the potential to cause significant adverse
environmental impact;
4. Discharges to waters for which NPDES general permit coverage is prohibited under 25 Pa. Code
Chapter 92a (relating to NPDES permitting, monitoring and compliance);
5. Discharges which are not, or will not be, in compliance with any of the terms or conditions of this general
permit;
6. Discharges for which the responsible party (person) has failed and continues to fail to comply or has
shown a lack of ability or intention to comply with a regulation, permit, and schedule of compliance or
order issued by DEP or an authorized conservation district;
7. Discharges subject to categorical point source effluent limitations promulgated by EPA for categories
other than construction or post construction;
8. Discharges which do not, or will not, result in compliance with applicable effluent limitations or water
quality standards;
9. Discharges from construction activities for which DEP requires an Individual NPDES permit to ensure
compliance with the Clean Water Act, the Clean Streams Law, or rules and regulations promulgated
thereto; or where a change has occurred in the availability of demonstrated technology or practices for
the control or abatement of pollutants applicable to the point source;
10. Discharges associated with coal mining or noncoal mining activities pursuant to DEP’s regulations at
25 Pa. Code Chapters 77 and 86-90;
11. Discharges associated with a construction activity that may adversely affect a Pennsylvania or federal
endangered or threatened species or its critical habitat;
12. Discharges from a site where other point source(s) require the issuance of an Individual NPDES permit;
13. Discharges to surface waters identified as impaired waters where the proposed discharge will result in
a net change (pre-condition to post condition) in volume or rate or water quality of the stormwater unless
an analysis is completed which documents that the discharge will neither cause nor contribute to an
impairment of the receiving water;
14. Discharges of pollutants of concern to waters for which there is a Total Maximum Daily Load (TMDL)
established or approved by EPA including the Chesapeake Bay unless the E&S and PCSM Plans include
implementation measures or controls that are consistent with the assumptions and requirements of such
TMDL. To be eligible for coverage under this general permit, persons must implement conditions
applicable to their discharges necessary for consistency with the assumptions and requirements of such
TMDL. If a specific wasteload allocation has been established that would apply to the discharge, persons
must implement necessary steps to meet that allocation;
15. Discharges to MS4 and CSO municipal systems without the written consent of the MS4 or CSO permit
holder unless those discharges result in no net change (pre-condition to post condition) in volume or rate
or water quality;
16. Discharges of (a) wastewater from washout of concrete, unless managed by an appropriate control;
(b) wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and
other construction materials; (c) fuels, oils, or other pollutants used in vehicle and equipment operation
and maintenance; and (d) soaps or solvents used in vehicle and equipment washing.
C. Persons requesting a renewal of coverage under this General Permit must submit to DEP or the authorized
conservation district an administratively complete and acceptable NOI, at least 180 days prior to the
expiration date of the coverage, unless permission has been granted by DEP or the authorized conservation
district for submission at a later date. In the event that a timely, administratively complete, and acceptable
application for renewal of coverage has been submitted and DEP or the authorized conservation district is
unable, through no fault of the permittee, to reissue the approval for coverage before the expiration date of

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the approved coverage, the terms and conditions of the approved coverage will be automatically continued
and will remain fully effective and enforceable pending the issuance or denial of the renewal of coverage,
provided the permittee is, and has been, operating in compliance with the terms and conditions of the permit.
The permittee shall be responsible for complying with the final renewed, reissued, or amended General
Permit. If the permittee is unable to comply with the renewed, reissued, or amended General Permit, the
permittee must submit an application for an individual permit within 90 days of publication of this General
Permit.
D. NOIs for which a payment (check, electronic transfer, etc.) for either a base permit fee or a disturbed acreage
fee have been processed as part of an administratively complete application that are returned for insufficient
funds will be suspended until sufficient funds are provided. Any earth disturbance activity that has been
authorized by the permit but DEP or the authorized conservation district is notified at a later date that the
permit application fee(s) were not paid will be immediately suspended and the site must be immediately
stabilized until the fees or sufficient funds are received. If the fees/funds are not received and paid in full
within 30 days, the permit authorization will be revoked.
E. No condition of this permit shall release any person from any responsibility or requirements under other
federal or Pennsylvania environmental statutes or regulations or local ordinances.
F. The approval of coverage is granted based, in part, on information provided by the applicant in the NOI. The
information provided by the applicant, including all appendices, attachments, plans, and supporting
documentation, are incorporated by reference as a part of the approval and are enforceable as a condition
of the approval. If there is any conflict between the permit and the NOI, including any appendices,
attachments, plans, and other supporting documentation, the more environmentally protective provision
applies.
IV.
NOTICE OF TERMINATION (NOT)
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 DEP or the authorized conservation district. The NOT must include:
a. The facility name, address, and location;
b. The operator name and address;
c. The permit number;
d. The reason for the permit termination; and
e. 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). DEP or the 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.”

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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 DEP, the authorized conservation district, and municipality.
The General NPDES Permit for Stormwater Discharges Associated with Construction Activities PAG-02 is effective on
December 8, 2017
and shall expire on
December 7, 2019
unless reissued or extended on or before this date by DEP.
BY:
Lee A. McDonnell, P.E., Director
Bureau of Clean Water

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PART A
EFFLUENT LIMITATIONS, MONITORING, AND REPORTING REQUIREMENTS
I.
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. Section 102.11(c) incorporates by reference federal Effluent Limitation Guidelines in 40 CFR
Part 450 (relating to the construction and development point source category).
B. Applicable Effluent Limitations
Activities covered under this permit must comply with applicable effluent limitations established in 25 Pa.
Code Chapters 91, 92a, 93, 96, 102, and 105 and any applicable federal law or regulation, including the
effluent guidelines for construction at 40 CFR Part 450.
C. Water Quality Based Effluent Limitations
Water quality based effluent limitations are applicable to activities conducted under this permit when required
under applicable state or 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.
II.
MONITORING, INSPECTION, AND REPORTING REQUIREMENTS
A. Visual Inspections
The permittee and co-permittee(s) must ensure that visual site inspections are conducted and documented
weekly, and within 24 hours after each measurable stormwater event throughout the duration of construction
and until the receipt and acknowledgement of the NOT by DEP or the authorized conservation district. The
visual site inspections and reports shall be completed on a form developed by DEP, 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 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 be responsible for oversight of 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 DEP or the 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), as required by 25 Pa. Code § 92a.41(b)
(relating to conditions applicable to all permits), the permittee and co-permittee(s) shall, within 24 hours,
contact DEP or the 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

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4. The date or schedule of dates, and identifying remedies for correcting noncompliance conditions.
D. Supplemental Monitoring
DEP or the 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 construction activity
subject to this General 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 DEP or
the authorized conservation district.
E. 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 DEP Regional Office or authorized conservation district.
III.
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 for this permit, for a
period of three years from the date of the termination of coverage under this permit as required by 25 Pa.
Code § 92a.61(f)(2). This period of retention must be extended during the course of any unresolved
compliance, enforcement, or litigation or when requested by DEP or the authorized conservation district.
B. Reporting of Monitoring Results
Visual inspection monitoring results shall be submitted to DEP or the authorized conservation district upon
request.
IV.
DISCHARGES CONSISTENT WITH TERMS AND CONDITIONS OF THE PERMIT
All discharges authorized by this NPDES permit shall be consistent with the terms and conditions of the permit.

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PART B
STANDARD CONDITIONS
I.
MANAGEMENT REQUIREMENTS
A. Permit Modification, Termination, or Revocation and Reissuance
1. The General Permit will expire five (5) years from the date of its issuance. The authorization period for
the permit will be five (5) years for all permits from the date of authorization. DEP will publish a notice
in the
Pennsylvania Bulletin
of the draft, renewed, or reissued General Permit or any amendments to
this General Permit, and after a comment period, notice of the final, renewed, reissued or amended
General Permit will be published in the
Pennsylvania Bulletin
. Any person with an unexpired approval of
coverage under the General Permit, including coverage extended pursuant to Section III.C of this permit
shall be responsible for complying with the final renewed, reissued or amended General Permit. Such
persons shall be covered by the General Permit even if the discharger has not submitted a separate NOI
to be covered by such final renewed, reissued or amended General Permit. Such person may request
coverage under an Individual Permit. See 40 CFR § 122.28(b)(2)(vi); 25 Pa. Code § 92a.54(c) and (d)
(relating to general permits).
2. This permit may be modified, suspended, revoked, reissued, or terminated during its term for any of the
causes specified in 25 Pa. Code Chapters 92a and 102 (relating to erosion and sediment control), or to
require compliance with updated effluent limitation guidelines, water quality standards, impaired water
listings, or newly approved TMDLs.
3. DEP may modify, revoke, suspend, or terminate previously issued coverage under this general NPDES
permit and require the stormwater discharger to apply for and obtain an Individual NPDES Permit in
accordance with 25 Pa. Code Chapters 92a and 102.
4. The filing of a request by the permittee or co-permittee for a permit or coverage modification, revocation,
reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not
eliminate any existing permit conditions.
5. Permit modification or revocation will be conducted according to 25 Pa. Code Chapters 92a and 102.
B. Duty to Provide Information
1. The permittee or co-permittee(s) shall furnish to DEP or the authorized conservation district within thirty
(30) days of the date of request, any information that DEP or the 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 DEP, EPA or the 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
DEP or the 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 DEP or the
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;

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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., Regional Administrators of EPA).
2. All reports, plans, documents, and other information required by the permit or requested by DEP or the
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 DEP or the authorized conservation district within thirty
(30) days of the change.
D. Transfer/Change of Ownership or Control
1. This permit is not transferable to any person except after notice and acknowledgment by DEP or the
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 DEP or the 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, DEP or the 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 DEP or the authorized conservation district notifies the
applicant otherwise within thirty (30) days.
2. DEP or the authorized conservation district may require the new owner or operator to apply for and
obtain an Individual NPDES permit.
3. 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 DEP or the 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.
4. After receipt of the documentation described in paragraph 3 above, the permit will be considered
modified by DEP or the authorized conservation district unless DEP or the authorized conservation
district notifies the applicant otherwise within thirty (30) days. For the purposes of this permit, this
modification is considered to be a minor permit modification.
5. 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.

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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 pollutants or pollution discharged 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.
II.
COMPLIANCE RESPONSIBILITIES
A. Duty to Comply
The permittee and co-permittee must comply with all terms and conditions of this General 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 General Permit under Sections 602 and 605 of the Clean Streams Law
(35 P.S. § 691.602 and 691.605), and under the Clean Water Act as specified in 40 CFR § 122.41(a) (2) and
(3), 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
under Section 311 of the Clean Water Act (33 U.S.C. §1321) or Section 106 of Comprehensive
Environmental Response, Compensation, and Liability Act (Act 42 U.S.C. § 9601).
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), 25 Pa. Code Chapter 92a, and §1917-A of the Administrative Code of 1929, the permittee and
co-permittee shall allow the Secretary of DEP, the EPA Regional Administrator, and/or an authorized
representative of EPA, or DEP, including a delegated 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

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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 DEP or the authorized conservation district. As required by the Clean
Water Act, the Clean Streams Law, and DEP’s regulations at 25 Pa. Code § 92a.8 (relating to confidentiality
of information), permit applications, permits, and other documents related to this permit shall not be
considered confidential.
J. Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water Act provides that 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 shall, upon conviction, be
punished by a fine of not more than $10,000 or by imprisonment for not more than two years or by both. In
addition, criminal sanctions are set forth for false swearing and unsworn falsification at
18 Pa.C.S. §§ 4903-4904.

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PART C
OTHER CONDITIONS
I.
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.
II.
EROSION AND SEDIMENT CONTROL PLANS
A. Unless otherwise authorized by DEP or the authorized conservation district after consultation with DEP,
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 and implemented 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 DEP or the 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 DEP or the authorized conservation district or can be downloaded from DEP’s
website at
www.dep.pa.gov
. 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 and 25 Pa. Code Chapter 92a of DEP’s regulations. 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 approved E&S plan, including the staging of earth disturbance activities and maintenance requirements,
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 DEP or the authorized conservation district.
F. The E&S Plan must be consistent with the assumptions and requirements of any available Wasteload
Allocations (WLAs) as set forth in any applicable Total Maximum Daily Loads (TMDLs) established for the
receiving waters.
III.
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
DEP’s Solid Waste Management Regulations at 25 Pa. Code Chapter 260a (relating to hazardous waste
management system: general), Chapter 271 (related to municipal waste management system – general
provisions), and Chapter 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.

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IV.
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 DEP’s or the authorized conservation district's request.
V.
POST CONSTRUCTION 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 and implemented 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 DEP or the authorized
conservation district or can be downloaded from DEP’s website at
www.dep.pa.gov
. Each PCSM Plan must
be submitted to DEP or the 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 and 25 Pa. Code Chapter 92a of DEP’s regulations. 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 on-site 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 as set
forth in any applicable TMDLs established for the receiving waters.
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).

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VI.
PRE-CONSTRUCTION MEETING
For earth disturbance activities authorized by this General Permit, a pre-construction meeting is required, unless
the permittee has been notified otherwise in writing by DEP or the authorized conservation district. The permittee
shall invite DEP or the authorized conservation district to attend the pre-construction meeting and provide at
least seven (7) days notice of the pre-construction 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 pre-construction 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.
VII.
SPOIL OR BORROW AREAS
1. An E&S Plan or other authorization meeting the regulatory requirements detailed in 25 Pa. Code § 102.4(b)
shall be reviewed and approved by DEP or the authorized conservation district and implemented for all spoil
and borrow areas, regardless of their location.
2. Clean Fill Requirements – Any person placing clean fill that has been affected by a spill or release of a
regulated substance must use DEP 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 DEP’s municipal or residual waste regulations based on 25 Pa.
Code Chapters 271 or 287, whichever is applicable.
VIII. 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 DEP or the 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 DEP or the authorized conservation district. Permittees and co-permittees with
phases commenced after expiration of this PAG-02 General Permit shall be responsible for complying with the
final renewed, reissued, or amended General Permit.
IX.
CLARIFICATION ASSISTANCE
The permittee or co-permittee shall contact DEP or the 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.
X.
WETLAND PROTECTION
If hydric soils or other wetland features are present, a wetland determination must be conducted in accordance
with DEP procedures. A copy of that wetland determination should be provided to DEP or the 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.
XI.
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.
XII.
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
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.
XIII. SEWAGE FACILITIES
Earth disturbance may not commence until all related Act 537 Sewage Facilities Planning approvals have been
obtained.

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XIV. 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 §§ 102.7(b)(5) and 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). 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 a 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).
D. The person responsible for performing long-term operation and maintenance may enter into a written
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 DEP.
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 DEP in writing, the permittee shall record an instrument as required under
25 Pa. Code § 102.8(m)(2) and paragraph XIV B above within 45 days from the date of issuance of this
permit or authorization.
Unless DEP 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 DEP in
writing, the permittee shall provide the authorized conservation district and DEP 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 DEP 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 DEP in writing, the permittee shall provide the conservation district and DEP 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.
XV.
VOLUNTARY RIPARIAN FOREST BUFFERS
Persons that protect, convert, or establish a new riparian forest buffer that meets the requirements of 25 Pa.
Code § 102.14(b) (relating to riparian buffer requirements) may qualify for benefits under 25 Pa. Code
§ 102.14(e)(1) and (2) relating to the antidegradation presumption and trading or offsetting of credits.
XVI. MUNICIPAL SEPERATE STORM SEWER SYSTEMS (MS4s) MCM FULFILLMENT
MS4s subject to PAG-13 permit coverage requirements may choose to rely on Pennsylvania’s Chapter 102
permitting program and this permit to satisfy their MS4 NPDES permit obligations related to their MCM 4
(Construction) and MCM 5 (Post Construction), BMPs 1 through 3 obligations as part of a qualified local program.
XVII. PUBLIC NOTICE FOR NOIs INCLUDING AN OFFSET
NOIs that propose an offset of stormwater or riparian forest buffers shall have a thirty day public notice period in
the
Pennsylvania Bulletin
before the final authorization of the permit(s) including the offset or trade.

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