Construction Stormwater

Announcement

PNDI receipts dated prior to March 31, 2023 will not be accepted for new or pending applications for Chapter 102 permits due to the decision by the U.S. Fish and Wildlife Service to protect the Northern Long-Eared Bat as an endangered species, which became effective on March 31, 2023. For additional information please visit DEP’s Bureau of Waterways Engineering and Wetlands website.

The Bureau of Clean Water administers the statewide Erosion and Sediment Control (E&S) program under 25 Pa. Code Chapter 102. Chapter 102 requires a permit from DEP for the following activities:

• Construction activities with earth disturbances greater than or equal to one acre, not including agricultural plowing or tilling, animal heavy use areas, timber harvesting activities or road maintenance activities, which require National Pollutant Discharge Elimination System (NPDES) permit coverage. If eligible, persons disturbing one or more acres may apply for coverage under the PAG-01 NPDES General Permit for Discharges of Stormwater Associated with Small Construction Activities or PAG-02 NPDES General Permit for Discharges of Stormwater Associated with Construction Activities. If ineligible for PAG-01 or PAG-02 coverage, persons may apply for an individual NPDES permit using the Individual NPDES Permit Application for Discharges of Stormwater Associated with Construction Activities.


• Timber harvesting and road maintenance activities involving 25 or more acres of earth disturbance. An Erosion and Sediment Control (E&S) permit is required under Pennsylvania's Clean Streams Law for these activities, rather than a NPDES permit.


• Oil and gas activities (e.g., exploration, production, processing, treatment operations or transmission facilities) involving 5 or more acres of earth disturbance. An E&S permit is required under Pennsylvania's Clean Streams Law for these activities. If eligible, persons conducting these activities may submit a Notice of Intent (NOI) for coverage under the E&S General Permit (ESCGP-3).


• Other activities involving 5 or more acres of earth disturbance not identified above require an E&S permit.

Please use the links below or the navigation buttons on the right for additional information on the E&S program or contact DEP’s Bureau of Clean Water at RA-EPChapter102@pa.gov.

• Act 162
• E&S Resources
• Chapter 102 ePermit