Construction Stormwater

** Announcements **

DEP is announcing the availability of a Pilot Program for Chapter 102 Individual NPDES Permits to improve the quality of applications received and make decisions on applications faster, starting May 1, 2024. This Program is available for projects in Allegheny, Beaver, Bucks, Chester, Lebanon, Lehigh, Luzerne, Monroe, Montgomery, and York.

The PAG-02 General Permit will expire on December 7, 2024. A draft of the PAG-02 General Permit that would become effective on December 8, 2024 has been posted to DEP’s eLibrary. 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.

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.