Chapter 102/NPDES
Montgomery County Conservation District NPDES permit application reviews and inspections / Ch. 102 E&S plan reviews are divided up amongst staff by municipality.
For a staff territory list, click here: Staff Territory List (updated 2-14-2024)
For contact information, please see our Staff Directory.
UPDATES:
11-22-2023
** PAG-02 Expiration / Renewal Announcement **
The PAG-02 General Permit will expire on December 7, 2024. DEP expects that Notices of Intent (NOIs) to remain covered under the reissued PAG-02 General Permit will be required, and those NOIs will be due to the DEP or county conservation district office that approved original coverage by December 7, 2024. DEP expects to provide a streamlined renewal NOI form for this purpose. This form will not be available until PAG-02 is reissued (the current estimate is Fall 2024). Permittees that do not have Notice of Termination (NOT) approval by December 7, 2024 will need to submit a renewal NOI. However, DEP and county conservation districts cannot accept renewal NOIs for PAG-02 until DEP publishes the final reissued PAG-02 General Permit.
MCCD staff will share the renewal form when announced by DEP, to solicit and process renewals in advance of the December 7 expiration. We hope to commence this exercise in September.
10-18-2023
MCCD Preapplication/Pre-submission Meeting Request form has been updated. Please use this form after the above date. It is now being requested that preapplication and presubmission meetings be held in person rather than virtual. The staff have found that the in-person meetings are much more productive for these meetings.
1-11-2024
DISTRICT CH. 102/NPDES APPLICATION REVISED AS OF 1-9-2024
CLICK HERE FOR UPDATED MCCD DISTRICT APPLICATION.
4/29/22:
Engineers: Check out the April 2022 – Top 10 NPDES Permit Application Review Comments, to improve efficiency and success of the NPDES permit application review process!
SUBMISSION FORMAT CHANGE EFFECTIVE 8/1/22
To better manage our resources and serve the development community, MCCD has revised our NPDES permit application submission format.
As of 8/1/21, one complete electronic copy (ie. thumb drive or cloud link) in pdf format of all submission documents and only one paper copy is now required.
This applies to both NDPES general and individual permit applications. The application will be considered officially received and processed when the paper copy with any applicable fees is received.
Thank you for your understanding and cooperation.
If you are submitting to MCCD via DEP’s online ePermitting system, please note the following policies regarding submissions:
- The submission is not considered “received” until all of the applicable review fees are received by mail.
- Please include the NPDES Permit Number on any checks submitted for electronic ePermitting submissions.
- Please include the District Application for Review with any checks submitted for electronic ePermitting submissions.
- We do not recommend the use of the ePermitting system.
What Is Erosion?
Erosion is a natural process by which the surface of the land is worn away by water, wind or chemical action. Accelerated erosion is the removal of the surface of the land through the combined action of human activities and natural processes at a rate greater than would occur from natural processes alone.
What is Chapter 102?
Montgomery County Conservation District, under a delegation agreement with the Pennsylvania Department of Environmental Protection, is responsible for reviewing Erosion and Sediment Control Plans and inspecting sites for Chapter 102 compliance. For complete guidelines, refer to the Pennsylvania Code, Title 25. Environmental Protection, Chapter 102 Erosion and Sediment Control.
What is an Erosion & Sediment Control Plan?
An Erosion and Sediment Control Plan, which meets the requirements of the Chapter 102 regulations must be properly designed, implemented, and available on site for all earth disturbance activities over 5000 sq. ft. All construction activities proposing to disturb greater than one acre of land must be authorized by a National Pollutant Discharge Elimination System (NPDES) permit.
What is National Pollutant Discharge Elimination System (NPDES)?
The National system for issuance of permits under section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342) including a state or interstate program which has been approved in whole or in part by the Environmental Protection Agency.
Do I need to submit to the County Conservation District for an E&S review for adequacy or NPDES Permit?
| Disturbed Area | Written E&S Plan | E&S Plan Review for Adequacy | NPDES Permit | Written PCSM Plan Required |
|---|---|---|---|---|
| 0 – 5,000 sq. ft. | Not required unless in HQ or EV watershed, or is a condition of other State permit. | As required by other local requirements/permits.*Follow municipal requirements. | No | Follow municipal requirements. |
| 5,000 sq. ft. to < 1 acre | Yes | As required by other local requirements/permits.*Follow municipal requirements. | No | Follow municipal requirements. |
| 1 to < 5 acres | Yes | Required | Yes | Yes** |
| 5 acres or greater | Yes | Required | Yes | Yes** |
*Although an E&S plan review for adequacy by County Conservation District is not required under the Chapter 102 Regulations, E&S review may be required by municipal ordinances, County requirements, or other Department of Environmental Protection/Army Corps of Engineers permit (i.e. – Chapter 105, Joint Permit, or GPs).
**PCSM plans for General NPDES permits will receive a completeness review by the County Conservation District. PCSM plans for Individual NPDES permits will be reviewed by the DEP regional office.
What are Surface Waters of the Commonwealth?
Surface waters are defined by Chapter 92, Section 92.1 as 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.
What is a Water of the Commonwealth?
Waters of the Commonwealth are defined in Chapter 102 Section 102.1 as rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs, wetlands and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
What is a Post-Construction Stormwater Management Plan (PCSM Plan)?
A site specific plan identifying Best Management Practices (BMPs) to manage stormwater runoff after construction activities have ended and the project site has been permanently stabilized to protect and maintain existing and designated uses. The PCSM plan should be designed to maximize volume reduction technologies, eliminate or minimize point source discharge to surface waters, preserve the integrity of stream channels, and protect the physical, biological and chemical qualities of the receiving surface water. The PCSM Plan must contain a written narrative, including calculations or measurements, and justifications for each BMP.