Pennsylvania State Overview

The state of Pennsylvania and the Pennsylvania Department of Environmental Protection’s Bureau of Conservation and Restoration's mission is to “Restore polluted streams and lakes and remove them from the impaired waters list. The bureau accomplishes this mission by implementing programs that fund treatment systems and Best Management Practices (BMPs) in priority watersheds where significant and cost effective restoration can be achieved.” The bureau also manages efforts to increase the number of farming operations that are in compliance with environmental rules and regulations and oversees implementation of the Concentrated Animal Feeding Operations (CAFOs) permitting program.

For construction stormwater management, in collaboration with the National Pollutant Discharge Elimination System (NPDES) Permitting Program, the Pennsylvania DEP provides general permit coverage to discharge stormwater into surface waters from construction sites where: (1) five (5) or more acres of land disturbing activties will take place; (2) an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves five (5) or more acres of earth disturbance; and (3) earth disturbing activities with a point source discharge to surface waters of the State that will disturb from one (1) to less than five (5) acres, or an earth disturbance on any portion, part, or during any stage of, including earth disturbance activities of less than one (1) acre, that are part of a larger common plan of development or sale that involves one (1) to less than five (5) acres of disturbance with a point source discharge to State surface waters.   

If a project owner or operator seeking coverage under the NPDES Permit for Stormwater Discharges Associated with Construction Activities, he/she must first submit a complete Notice of Intent (NOI) to the Pennsylvania DEP or authorized Conservation District and receive authorization from the DEP or authorized Conservation District prior to commencing the construction activity. The operator is also mandated to develop, implement, and maintain:

• Erosion and Sediment Control Plan (E&S Plan).

• Post Construction Stormwater Management (PCSM Plan).

• Preparedness, Prevention and Contingency (PPC Plan).

The E&S Plan, PCSM Plan, and Preparedness, Prevention and Contingency (PPC) Plan must identify appropriate Best Management Practices (BMPs) that will be implemented to ensure that existing and designated uses of surface water are protected and maintained. The E&S Plan also must be reviewed and approved by the Pennsylvania DEP or the delegated entity prior to commencing the construction activity.