-- To qualify for a permit-by-rule, the site must be 25 acres or smaller;

-- Site must not include environmentally sensitive features such as steep slopes, highly erodible soils;

-- Project must not increase volume pre- to post-development for 2 year/24 hour storm;

-- Project must not increase peak rate for 1 through 100 year storm events;.

-- For redevelopment, a certain to be determined percentage of impervious must be converted to

pervious;

-- For new development, must be under a to be determined percentage of impervious threshold; and

-- Considering inapplicability in high quality/exceptional value watersheds, headwaters, impaired.

 

DEP staff told the Committee there still would be no technical or eligibility review of a permit applicant under their proposal. The proposal does, however, remain fluid with DEP promising a proposal in writing in the next several weeks to the Committee which meets again on February 25.

 

The Point/Counterpoint on the proposal follows--

 

A December 2008 article in the PA Environmental Digest depicts an inaccurate and misleading account of recent discussions between the Department of Environmental Protection and stakeholders on ways to reform the erosion and sedimentation regulations.

 

While DEP’s candid discussions with the Pennsylvania Campaign for Clean Water and other interests are preliminary, we’ve already reached one clear consensus: the state’s current erosion and sediment control can be improved to better protect Pennsylvania’s water resources, while making it easier for builders and developers to do business.

 

In November —- more than a month before aPatriot-Newseditorial was written on this subject -- the department began to discuss permit program reforms with conservation districts, environmental advocates, and construction engineers and builders. Contrary to PA Environmental Digest’s assertions, these preliminary discussions included two separate meetings with groups constituting the Pennsylvania Campaign for Clean Water. The input we’ve received from these meetings has been useful and will be considered by the department when making future changes.

 

In the interim, though, the department will propose a potential reform that includes a permit-by-rule option for eligible sites that permanently protects streams with substantial forested streamside buffers. Some sites will not be eligible for this new process. As part of the new process, the department envisions requiring 100 foot buffers and best management stormwater practices by the construction industry. DEP will not roll back or override any existing environmental protections for Pennsylvania’s rivers and streams.

 

To qualify for a permit-by-rule, applicants would have to install at least a 100 foot buffer; utilize approved best management practices; comply with applicable local stormwater protection ordinances; provide local public notice; have the filed plan sealed by a state-licensed engineer or geologist who must certify that the construction site and post-construction stormwater controls comply with the sealed plan; and meet all statutory standards for preventing unlawful discharges into Pennsylvania’s waterways. In addition, any plans to use the permit-by-rule would be subject to appeal to the Environmental Hearing Board and the courts.

 

If these plans are improperly certified or the as-built drawings are falsified, these professionals could face sanctions and even loss of their license.

 

If approved and enacted—which would not happen without a thorough public review and comment process—this move will strengthen and streamline the construction stormwater permitting process, but increase the accountability of those designing the plans. That will allow the department to free up conservation districts and staff to devote more time to the important inspection and monitoring activities that really provide the assurance that our efforts are protecting the environment and the quality of life in Pennsylvania’s communities.