Chapter 102/NPDES

 

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.

Mission Statement
To protect and improve the quality of life of the residents of Montgomery County and surrounding communities by providing, in cooperation with others, timely and efficient service, education, and technical guidance, for the wise use of our soil, water, and related resources.