New Erosion Sediment Control Regulations

On January 1, 2000, the Environmental Quality Board published in the Pennsylvania Bulletin amendments to Chapter 102 of Title 25 of the Pa. Code relating to erosion and sediment control. Under the regulations, a written Erosion and Sediment Control Plan is required for all earth disturbances of 5,000 square feet or greater, earth disturbances in High Quality or Exceptional Value watersheds or when required by other Department regulations. Construction activities causing earth disturbances of five or more acres require an NPDES permit. (But see paragraph on new EPA storm water regulations for disturbances from one to five acres.) Earth disturbance activities associated with agricultural plowing or tilling, timber harvesting and road maintenance do not require NPDES permits, although persons conducting timber harvesting or road maintenance activities which involve 25 acres or more must apply for an Erosion Sediment Control Permit. All persons conducting earth disturbance activities are required to develop, implement and maintain erosion and sediment control Best Management Practices ("BMPs"). BMPs are utilized to provide a measurable performance-based requirement for earth disturbance activities to minimize accelerated erosion and the potential of sediment pollution. The Department has set forth a description of BMPs in its Erosion and Sediment Pollution Control Program Manual, although alternative BMPs not listed in the manual are allowed as long as they provide the same level or improved protection of water quality and existing and designated uses.