Attachment 6 - Permit_PAG-02 NPDES.pdf

PERMIT AUTHORIZATION COVER LETTER - GENERAL NPDES PERMIT

Revision 7

Released: 12/2019

May 11, 2022

Jeremy Ketter PA Air National Guard - 171st Air Refueling Wing 300 Tanker Road Coraopolis, PA 15108-4805

RE: Chapter 102 PAG-02 NPDES General Permit Coverage Approval

Project PA Air National Guard - 171st Air Refueling Wing ACCD File Number: ESP-00918 Permit Number: PAC020822 Municipality: Moon Township

Dear Jeremy Ketter, Under the authority of the federal Clean Water Act and Pennsylvania’s Clean Streams Law, the Allegheny County Conservation District has approved your request for new coverage under the PAG-02 NPDES General Permit for Discharges of Stormwater Associated with Construction Activities (“PAG-02 General Permit”). The latest versions of the Notice of Intent (NOI) and all supporting documents, including the Erosion and Sediment Control (E&S) Plan and Post-Construction Stormwater Management (PCSM) Plan, are incorporated into this approval, including the plan drawings.

Your coverage under the PAG-02 General Permit, which has been assigned NPDES Permit No. PAC020822 is effective on May 11, 2022 and will expire on December 7, 2024.

If stormwater discharges associated with construction activities are expected to continue beyond the expiration date of PAG-02 General Permit coverage, you must apply to renew your coverage at least 180 days prior to the expiration date, unless otherwise approved by the Department of Environmental Protection (DEP) or the District.

Please review the PAG-02 General Permit and the enclosed attachments carefully and contact this office if you have any questions. Please pay particular attention to the following requirements of the General Permit:

• In accordance with 25 Pa. Code § 102.5(h), operators who are not the permittee shall be co-permittees. An operator is a person who either has oversight responsibility of an earth disturbance activity on a project site who has the ability to make modifications to the E&S Plan, PCSM Plan or site specifications, or has day to day operational control over an earth disturbance activity on a project site. Please be advised that after an operator (contractor) has been selected for the project, the operator must be made a co-permittee and enter into an agreement with the permittee. Please use the enclosed Co-Permittee Acknowledgement Form for Chapter 102 Permits form (3800-FM- BCW0271a) to add a co-permittee.

• A pre-construction meeting is required as specified in 25 Pa. Code § 102.5(e), unless otherwise notified in writing by this office. The purpose of this meeting is to review all aspects of the permit with the permittee, co-permittees, operators, consultants, inspectors and licensed professionals or their designees who will be responsible for the implementation of the critical stages of the approved PCSM Plan. You must provide at least seven days notice of the pre-construction meeting to all invited attendees.

• You must conduct inspections of all best management practices (BMPs) on a weekly basis and after each measurable stormwater event (i.e., precipitation in an amount of 0.25 inch or greater over a 24-hour period) to ensure effective and efficient operation. The Visual Site Inspection Report Form (3800-FM-BCW0271d) is enclosed along with instructions. This form (or an equivalent electronic form providing the same information) must be used to document the required site inspections.

• For any property containing a PCSM BMP, the permittee or co-permittee must record an instrument with the recorder of deeds which will assure disclosure of the PCSM BMP and the related obligations in the ordinary course of a title search of the subject property. The recorded instrument must identify the PCSM BMP, provide for necessary access related to long-term operation and maintenance (O&M) for PCSM BMPs, and provide notice that the responsibility for long term O&M of the PCSM BMP is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees. You must record an instrument with the Recorder of Deeds within 45 days and provide proof of the recording at the time an application to transfer permit coverage is submitted, if applicable, and at the time a Notice of Termination (NOT) is submitted to this office.

PERMIT AUTHORIZATION COVER LETTER - GENERAL NPDES PERMIT

Revision 7

Released: 12/2019

• If there are any changes to the PCSM BMPs or long-term operation and maintenance plan after the initial instrument recording and prior to permit termination, the permittee(s) will need to amend the initial recorded instrument at the recorder of deeds office prior to permit termination. Please note, most Recorder of Deeds Offices require that the land owner (at the time of actual recording) signs the instrument to be recorded. If the land owner changes and an amended instrument needs to be recorded, the Recorder of Deeds office will likely require the new land owner’s signature on the amended instrument. It is recommended that for any sale or transfer of property to a new owner before this permit is terminated that the permittee seek legal counsel on how to structure the sale or transfer to allow the recorded instrument to be amended.

• The NOT form (3800-PM-BCW0229b) is also enclosed and must be completed and filed when construction activities have ceased and final stabilization has been achieved. The NOT must identify the responsible person(s) for the long-term O&M of the PCSM BMPs. Please be advised that the permittee and any co-permittees remain responsible for all operational maintenance for this project site until the NOT has been filed and acknowledged. It is important that you fulfill your obligations under the General Permit and submit a complete NOT to this office upon final stabilization of the site.

Persons aggrieved by an action of a conservation district under 25 Pa. Code Chapter 102 may request an informal hearing with DEP within 30 days of publication of this notice in the Pennsylvania Bulletin, pursuant to 25 Pa. Code § 102.32(c). DEP will schedule this informal hearing within 30 days of the request. After this informal hearing, any final determination by DEP may be appealed to the Environmental Hearing Board as provided below.

IMPORTANT LEGAL RIGHTS ARE AT STAKE. YOU SHOULD SHOW THIS DOCUMENT TO A LAWYER

AT ONCE. IF YOU CANNOT AFFORD A LAWYER, YOU MAY QUALIFY FOR FREE PRO BONO

REPRESENTATION. CALL THE SECRETARY TO THE BOARD AT 717-787-3483 FOR MORE

INFORMATION. YOU DO NOT NEED A LAWYER TO FILE A NOTICE OF APPEAL WITH THE BOARD.

IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST BE FILED WITH AND RECEIVED

BY THE BOARD WITHIN 30 DAYS OF RECEIPT OF NOTICE OF THIS ACTION.

If you have additional questions, please contact our office at (412)-241-7645 and refer to ACCD File Number ESP- 00918.

Sincerely, Matt Gordon

Matt Gordon, Regulatory Team Director CC: ACCD Files

Matthew Szcur, H.F. Lenz Company Moon Township EP, 102 Permit Forms <RA- 102PermitForms@pa.gov>

MG : sb

ENC: PAG02 General Permit Approved E&S Plan Approved PCSM Plan Visual Site Inspection Report Form and Instructions Co-Permittee Acknowledgement Form for Chapter 102 Permits and Instructions Notice of Termination Form

3800-PM-BCW0405d Rev. 12/2019 COMMONWEALTH OF PENNSYLVANIA PAG-02 Permit DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF CLEAN WATER

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PAG-02

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR DISCHARGES OF

STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES

NPDES PERMIT NO: PAC020822

In compliance with the provisions of the Clean Water Act, 33 U.S.C.A. §§ 1251—1387 and Pennsylvania's Clean Streams Law, as amended, 35 P.S. §§ 691.1—691.1001, the Department of Environmental Protection (DEP) authorizes the permittee named below to discharge stormwater associated with construction activities from an earth disturbance activity that involves earth disturbance greater than or equal to one acre, or an earth disturbance on any portion, part, or during any stage of a larger common plan of development or sale that involves earth disturbance greater than or equal to one acre:

Permittee Project Site

Jeremy Ketter PA Air National Guard

171st Air Refueling Wing 300 Tanker Road

Coraopolis, PA 15108-4805

PA Air National Guard 171st Air Refueling Wing

Moon Township, Allegheny County

This authorization is subject to DEP’s enclosed PAG-02 General Permit (General Permit) which incorporates all effluent limitations, monitoring and reporting requirements, and other terms, conditions, criteria, and special requirements for the discharge of stormwater associated with construction activities to surface waters, including through storm sewers.

Authorization to discharge is subject to the implementation of the plans and additional associated information submitted as part of the Notice of Intent (NOI) for general permit coverage.

APPROVAL TO DISCHARGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN IS AUTHORIZED BEGINNING ON May 11, 2022 AND WILL EXPIRE ON December 7, 2024 WHEN CONDUCTED PURSUANT TO THE TERMS AND CONDITIONS OF THIS GENERAL PERMIT. GENERAL PERMIT COVERAGE MAY BE TERMINATED PRIOR TO THE EXPIRATION DATE UPON RECEIPT AND ACKNOWLEDGEMENT OF A NOTICE OF TERMINATION FORM AND APPROVAL BY DEP OR THE AUTHORIZED CONSERVATION DISTRICT. NO CONDITION OF THIS GENERAL PERMIT SHALL RELEASE THE PERMITTEE OR CO-PERMITTEE(S) FROM ANY RESPONSIBILITY OR

REQUIREMENT UNDER STATE OR FEDERAL ENVIRONMENTAL STATUTES, REGULATIONS, OR LOCAL

ORDINANCES.

Coverage under the PAG-02 General Permit is authorized by:

Matt Gordon

Matt Gordon, Regulatory Team Director Allegheny County Conservation District

3800-PM-BCW0405d Rev. 12/2019 PAG-02 Permit

Table of Contents

Subject Page

I. DEFINITIONS

II. AUTHORITY OF DEP AND CCD

III. NOTICE OF INTENT SUBMITTAL

IV. NOTICE OF TERMINATION

PART A EFFLUENT LIMITATIONS, MONITORING AND REPORTING REQUIREMENTS

I. EFFLUENT LIMITATIONS

II. MONITORING, INSPECTION, AND REPORTING REQUIREMENTS

III. RECORD KEEPING

IV. DISCHARGES CONSISTENT WITH TERMS AND CONDITIONS OF THE GENERAL PERMIT

PART B STANDARD CONDITIONS

I. MANAGEMENT REQUIREMENTS

II. COMPLIANCE RESPONSIBILITIES

PART C OTHER CONDITIONS

I. PROHIBITION OF NON-STORMWATER DISCHARGES

II. EROSION AND SEDIMENT CONTROL PLANS

III. RECYCLING AND DISPOSAL OF BUILDING MATERIALS AND WASTES

IV. PREPAREDNESS, PREVENTION, AND CONTINGENCY PLANS

V. POST-CONSTRUCTION STORMWATER MANAGEMENT PLANS

VI. PRE-CONSTRUCTION MEETING

VII. SPOIL OR BORROW AREAS

VIII. PHASED PROJECTS

IX. WETLAND PROTECTION

X. INFILTRATION BMPs

XI. STABILIZATION

XII. SEWAGE FACILITIES

XIII. LONG-TERM OPERATION AND MAINTENANCE OF PCSM BMPs

XIV. VOLUNTARY RIPARIAN FOREST BUFFERS

XV. IMPLEMENTATION OF GENERAL PERMIT REQUIREMENTS

XVI. THREATENED AND ENDANGERED SPECIES PROTECTION

PAG-02

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

(NPDES) GENERAL PERMIT FOR DISCHARGES OF

STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES

This General Permit applies to earth disturbance activities that disturb greater than or equal to one (1) acre, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves greater than or equal to one acre of earth disturbance.

This General Permit does not apply to earth disturbance activities involving agricultural plowing and tilling, animal heavy use areas, timber harvesting activities, or road maintenance activities.

Earth disturbance activities associated with oil and gas exploration, production, processing or treatment operations, or transmission facilities may be required to obtain permit coverage under the Erosion and Sediment Control General Permit (ESCGP).

I. DEFINITIONS

Note: Terms used in this General Permit not otherwise defined herein shall have the meaning attributed to them in 40 CFR Part 122 and 25 Pa. Code Chapters 92a, 93, 96, 102 or 105.

Administrator means the Environmental Protection Agency (EPA) regional administrator.

Antidegradation Best Available Combination of Technologies (ABACT) means environmentally sound and cost effective treatment, land disposal, pollution prevention and stormwater re-use BMPs that individually or collectively manage the difference in the net change in stormwater volume, rate, and quality for storm events up to and including the 2 year/24 hour storm when compared to the stormwater rate, volume, and quality prior to the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth. (25 Pa.

Code § 102.1)

Accelerated Erosion means the removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone. (25 Pa. Code

§ 102.1)

Approximate original condition means the pre-construction condition, general surface configuration, and drainage pattern of the land prior to earth disturbance. Restoration from forest to meadow is considered approximate original condition under this General Permit.

Best Management Practices (BMPs) means activities, facilities, measures, planning, or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters of this Commonwealth before, during, and after earth disturbance activities. (25 Pa. Code § 102.1)

Clean fill means uncontaminated, non-water soluble, non-decomposable inert solid material. The term does not include materials placed in or on waters of the Commonwealth unless otherwise authorized. (25 Pa. Code § 271.1)

Clean Streams Law means the Act of June 22, 1937, P.L. 1987, No. 394, as amended. (35 P.S. §§ 691.1— 691.1001)

Clean Water Act means the Federal Water Pollution Control Act, as amended. (33 U.S.C.A. §§ 1251—1387)

Combined Sewer Overflow (CSO) means an intermittent overflow or other untreated discharge from a municipal combined sewer system (including domestic, industrial, and commercial wastewater and stormwater) prior to reaching the headworks of the sewage treatment facility which results from a flow in excess of the dry-weather carrying capacity of the system. (25 Pa. Code § 92a.2)

Co-Permittee means person(s) identified in this General Permit as responsible for the discharges of stormwater associated with construction activity who is jointly and individually responsible together with the permittee for compliance with all terms and conditions of this General Permit and applicable laws.

County Conservation District (CCD) means a conservation district, as defined in section 3(c) of the Conservation District Law (3 P.S. § 851(c)), which has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the erosion, sediment, and stormwater management program in this Commonwealth. (25 Pa. Code § 102.1)

Critical Stages means the installation of underground treatment BMPs, structurally engineered BMPs, or other BMPs as deemed appropriate by DEP or a CCD.

DEP means the Department of Environmental Protection of this Commonwealth.

Designated uses means those uses specified in 25 Pa. Code §§ 93.4(a) and 93.9a—93.9z for each water body or segment, whether or not they are being attained, to be achieved as part of Pennsylvania’s water quality standards.

(25 Pa. Code § 93.1)

Disturbed area means unstabilized land area where an earth disturbance activity is occurring or has occurred.

(25 Pa. Code § 102.1)

Earth Disturbance Activity means a construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. (25 Pa. Code § 102.1)

Effluent Limitation or Standard means a restriction established by DEP or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into surface waters including BMPs and schedules of compliance.

EPA means the United States Environmental Protection Agency.

Erosion means the natural process by which the surface of the land is worn away by water, wind, or chemical action.

Erosion and Sediment Control Plan (E&S Plan) – A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during, and after earth disturbance activities. (25 Pa. Code § 102.1)

Exceptional Value W aters means surface waters of high quality which satisfy 25 Pa. Code § 93.4b(b) (relating to antidegradation). (25 Pa. Code § 93.1)

Existing uses means those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in Pennsylvania’s water quality standards. (25 Pa. Code § 93.1)

Impaired Waters means surface waters that fail to attain one or more of its designated uses under 25 Pa. Code Chapter 93.

Integrated Water Quality Monitoring and Assessment Report (Integrated Report) means DEP’s report on the conditions of Pennsylvania’s surface waters to satisfy sections 305(b) and 303(d) of the Clean Water Act when approved by EPA.

High Quality Waters means surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying 25 Pa. Code § 93.4b(a). (25 Pa. Code § 93.1)

Licensed Professional means professional engineers, landscape architects, geologists, and land surveyors licensed to practice in the Commonwealth. (25 Pa. Code § 102.1)

Long-Term Operation and Maintenance (O&M) means the routine inspection, maintenance, repair, or replacement of a BMP to ensure proper function for the duration of time that the BMP is needed. (25 Pa. Code § 102.1)

Municipal Separate Storm Sewer System (MS4) means all separate storm sewers that are defined as “large” or “medium” or “small” municipal separate storm sewer systems pursuant to 40 CFR §§ 122.26(b)(4), (b)(7), and (b)(16), respectively, or designated under 40 CFR § 122.26(a)(1)(v). (25 Pa. Code § 92a.32(a) and 40 CFR § 122.26(b)(18))

Municipality means a county, city, borough, town, township, school district, institution, or authority, or another public body created by or pursuant to State Law. For the purposes of this definition, town includes an incorporated town.

Notice of Intent (NOI) means a request, on a form provided by DEP, for coverage under a General NPDES Permit for Discharges of Stormwater Associated with Construction Activities. (25 Pa. Code § 102.1)

Notice of Termination (NOT) – A request, on a form provided by DEP, to terminate coverage under a General NPDES Permit for Discharges of Stormwater Associated with Construction Activities. (25 Pa. Code § 102.1)

Non-discharge alternative – Environmentally sound and cost effective BMPs that individually or collectively eliminate the net change in stormwater volume, rate, and quality for stormwater events up to and including the 2-year/24-hour storm when compared to the stormwater rate, volume, and quality prior to the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth.

Operator means a person who has one or more of the following: (i) oversight responsibility of earth disturbance activity on a project site or a portion thereof who has the ability to make modifications to the E&S Plan, PCSM Plan or site specifications, (ii) day-to-day operational control over earth disturbance activity on a project site or a portion thereof to ensure compliance with the E&S Plan or PCSM Plan. (25 Pa. Code § 102.1)

Owner means a person(s) who holds the legal title to the land subject to construction activity. This term also includes the person(s) who held legal title to the land subject to construction activity at the time such activity was commenced on a site.

Permittee means a person who has coverage under this General Permit. The term permittee is also used to describe operators who are co-permittees, to the extent that co-permittees are jointly and severally liable for non-compliance with this General Permit.

Permanent Stabilization means long-term protection of soil and water resources from accelerated erosion.

Person – Any operator, individual, public or private corporation, partnership, association, municipality or political subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal representative, successor, joint venture, joint stock company, fiduciary; Department, agency or instrumentality of state, federal, or local government, or an agent or employee thereof; or any other legal entity. Whenever used in any clause prescribing and imposing a penalty, or imposing a fine or imprisonment or both, the term "person" shall not exclude the members of an association and the directors, officers, or agents of a corporation.

Point Source means any discernable, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, Concentrated Aquatic Animal Production Facility (CAAP), Concentrated Animal Feeding Operation (CAFO), landfill leachate collection system, or vessel, or other floating craft, from which pollutants are or may be discharged. (25 Pa. Code § 92a.2)

Post-Construction Stormwater means stormwater associated with a project site after the earth disturbance activity has been completed and the project site is permanently stabilized.

Post-Construction Stormwater Management Plan (PCSM Plan) means a site-specific plan consisting of both drawings and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate, and water quality after earth disturbance activities have ended and the project site is permanently stabilized. (25 Pa. Code § 102.1)

Preparedness, Prevention, and Contingency Plan (PPC Plan) means a written plan that identifies an emergency response program, material and waste inventory, spill and leak prevention and response, inspection program, housekeeping program, security and external factors, and that is developed and implemented at the construction site to control potential discharges of pollutants other than sediment into waters of this Commonwealth.

Project site means the entire area of activity, development, lease, or sale including: (i) the area of the earth disturbance activity; (ii) the area planned for the earth disturbance activity; and (iii) Other areas which are not subject to earth disturbance activity. (25 Pa. Code § 102.1)

Regulated fill means soil, rock, stone, dredged material, used asphalt, historic fill, and brick, block or concrete from construction and demolition activities that is separate from other waste and recognizable as such that has been affected by a spill or release of a regulated substance and the concentrations of regulated substances exceed the values in Tables FP-1a and b of DEP’s Management of Fill Policy (DEP ID No. 258-2182-773).

Riparian buffer means a BMP that is an area of permanent vegetation along surface waters. (25 Pa. Code § 102.1)

Riparian forest buffer means a type of riparian buffer that consists of permanent vegetation that is predominantly native trees, shrubs, and forbs along surface waters that is maintained in a natural state or sustainably managed to protect and enhance water quality, stabilize stream channels and banks, and separate land use activities from surface waters. (25 Pa. Code § 102.1)

Snowmelt means the conversion of snow into overland stormwater and ground water flow as a result of warmer temperatures.

Stabilization means the proper placing, grading, constructing, reinforcing, lining, and covering of soil, rock, or earth to ensure their resistance to erosion, sliding, or other movement. (25 Pa. Code § 102.1)

Stormwater means runoff from precipitation, snowmelt, surface runoff, and drainage. (25 Pa. Code § 102.1)

Surface Waters means 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. (25 Pa. Code § 102.1)

Total Maximum Daily Load (TMDL) means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources and natural quality, and a margin of safety expressed in terms of mass per time, toxicity, or other appropriate measures. (25 Pa. Code § 96.1)

Toxic Pollutant (Toxics) means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains may, on the basis of information available to DEP cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in these organisms or their offspring. (25 Pa. Code § 92a.2)

Transferee – Person(s) identified through the co-permittee/transferee form as having new responsibility for the discharges of stormwater during construction activities and responsibility for compliance with all terms and conditions of this General Permit and all applicable laws for discharges of stormwater during the construction activity.

Urbanized area (UA) means land area comprising one or more places (central place(s)) and the adjacent densely settled surrounding area (urban fringe) that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile, as defined by the United States Bureau of the Census and as determined by the latest available decennial census. The UA outlines the extent of automatically regulated areas.

Wasteload Allocation (WLA) means the portion of a surface water’s loading capacity that is allocated to existing and future point source discharges. (25 Pa. Code § 96.1)

Waters of this Commonwealth means rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth. (25 Pa. Code § 102.1)

Wetlands means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (25 Pa. Code § 105.1)

II. AUTHORITY OF DEP AND CCD

A. DEP or CCD may notify the permittee at any time that the General Permit terms and conditions are not being met. Upon plan review or site inspection, DEP or CCD may require E&S Plan revisions or other appropriate action to ensure compliance with the terms and conditions of this General Permit.

B. DEP or CCD has the right to enter onto the site to conduct inspections, conduct monitoring, or require monitoring where deemed necessary. The permittee shall commence such monitoring upon notification from DEP or CCD in the manner directed by DEP or CCD.

C. DEP or CCD may request copies of records required by this General Permit, which could include the records required under Part A Section III of this General Permit.

D. DEP may require by written notice any person authorized by this General Permit to apply for an Individual NPDES Permit. This notice shall include the following:

1. A brief statement of the reasons for the decision.

2. An application form for an Individual NPDES Permit.

3. A statement setting a 90-day deadline for the owner or operator to file an application.

III. NOTICE OF INTENT SUBMITTAL

A. General Information and Requirements

1. Persons proposing to discharge stormwater associated with construction activities and eligible persons proposing to expand the scope previously authorized discharges of stormwater associated with construction activities, who wish to be covered by this General Permit, must submit an administratively complete and acceptable Notice of Intent (NOI) to DEP or CCD and receive authorization from DEP or CCD prior to commencing the construction activity. The NOI shall be filed in accordance with the detailed instructions specified in the NOI instructions.

2. Operators of all construction activities subject to this General Permit shall develop, implement, and maintain erosion and sediment (E&S) and post-construction stormwater management (PCSM) best management practices (BMPs) and other pollution prevention measures required by this General Permit to minimize accelerated erosion and sedimentation before, during, and after construction activities.

3. E&S BMPs shall be designed and implemented to meet the standards and specifications identified in DEP’s regulations, including 25 Pa. Code §§ 102.4 (relating to erosion and sediment control requirements) and 102.11(a)(1) (relating to general requirements), and listed in DEP’s Erosion and Sediment Pollution Control Program Manual (DEP ID No. 363-2134-008), as amended and updated, or an alternative that is at least as effective or better, when authorized by DEP.

4. PCSM BMPs shall be designed and implemented to meet the standards and specifications identified in

DEP’s regulations, including 25 Pa. Code §§ 102.8 (relating to PCSM requirements) and 102.11(a)(2), and listed in DEP’s Pennsylvania Stormwater Best Management Practices Manual (DEP ID No. 363-0300-002), as amended and updated, or an alternative that is as at least as effective or better, when authorized by

DEP.

5. The E&S Plan, PCSM Plan, and Preparedness, Prevention and Contingency (PPC) Plan shall identify appropriate BMPs that will be implemented to ensure that existing and designated uses of surface waters are protected and maintained.

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6. The permittee or co-permittee(s) shall maintain the E&S Plan, PCSM Plan, PPC Plan, and other documents required by this General Permit at the project site and available for review by DEP or CCD or other authorized local, state, or federal agent or representative.

B. The following activities are not eligible for coverage under this General Permit:

1. Discharges to waters, including wetlands, with a designated or existing use of High Quality Waters (HQ) or

Exceptional Value Waters (EV) pursuant to 25 Pa. Code Chapter 93 (relating to water quality standards).

(25 Pa. Code § 92a.54(e)(9))

2. Discharges which contain hazardous pollutants, toxics, or any other substance which - because of its quantity, concentration, or physical, chemical, or infectious characteristics - may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into surface waters of this Commonwealth. (25 Pa. Code § 92a.54(a)(5))

3. Discharges which individually or cumulatively have the potential to cause significant adverse environmental impact. (25 Pa. Code § 92a.54(e)(1))

4. Discharges to waters for which NPDES general permit coverage is prohibited under 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and compliance).

5. Discharges which are not, or will not be, in compliance with any of the terms or conditions of this General

Permit. (25 Pa. Code § 92a.54(e)(2))

6. Discharges for which the responsible party (person) has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a regulation, permit, and schedule of compliance or order issued by DEP or CCD. (25 Pa. Code § 92a.54(e)(3))

7. Discharges subject to categorical point source effluent limitations promulgated by the United States Environmental Protection Agency (EPA) for categories other than construction or post-construction.

(25 Pa. Code § 92a.54(e)(5))

8. Discharges which do not, or will not, result in compliance with applicable effluent limitations or water quality standards. (25 Pa. Code § 92a.54(e)(6))

9. Discharges from construction activities for which DEP requires an Individual NPDES Permit to ensure compliance with the federal Clean Water Act, Pennsylvania’s Clean Streams Law, or rules and regulations promulgated thereto; or where a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source. (25 Pa Code

§ 92a.54(e)(8))

10. Discharges associated with coal mining or noncoal mining activities pursuant to DEP’s regulations at 25 Pa.

Code Chapters 77 and 86-90.

11. Discharges associated with a construction activity that may adversely affect a Pennsylvania or federal endangered or threatened species or its critical habitat. (25 Pa. Code § 92a.12(c))

12. Discharges from a site where other point source(s) require the issuance of an Individual NPDES Permit.

(25 Pa. Code § 92a.54(e)(7))

13. Discharges to surface waters identified as waters impaired for siltation, suspended solids, turbidity, water/flow variability, flow modifications/alterations, or nutrients in DEP’s latest published Integrated Water Quality Monitoring and Assessment Report (Integrated Report) most recently approved by EPA unless the discharges will be managed with a non-discharge alternative or ABACT BMPs.

14. Discharges to surface waters that are covered by an EPA-approved or EPA-established Total Maximum

Daily Load (TMDL), including discharges to waters tributary to the Chesapeake Bay, in which the pollutant(s) of concern include siltation, suspended solids, or nutrients, unless the discharges will be

- 9 -managed with a non-discharge alternative or ABACT BMPs. In addition, if a specific wasteload allocation (WLA) has been established that would apply to the discharge, the permittee shall implement necessary steps to meet that allocation.

15. Discharges to municipal separate storm sewer systems (MS4s) and combined sewer overflow (CSO) municipal systems without the written consent of the MS4 or CSO permit holder unless those discharges result in no net change (pre-condition to post-condition) in volume or rate or water quality.

16. Discharges of (a) wastewater from washout of concrete, unless managed by an appropriate control;

(b) wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials; (c) fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and (d) soaps or solvents used in vehicle and equipment washing.

C. If a payment (e.g., check, electronic transfer) of either an administrative filing fee or a disturbed acreage fee has been processed as part of an administratively complete application and is subsequently returned for insufficient funds, the NOI will be suspended until sufficient funds are provided. If earth disturbance activity authorized by the General Permit occurs and DEP or CCD is subsequently notified that the fee(s) were not paid, earth disturbance activities at the site will be immediately suspended and the site must be immediately stabilized until the fees are paid in full. If the fees are not paid in full within 30 days of notification of unpaid fees, the General Permit authorization will be revoked.

D. No condition of this General Permit shall release any person from any responsibility or requirements under relevant federal or Pennsylvania environmental statutes or regulations, or under relevant local ordinances.

E. The approval of coverage is granted based, in part, on information provided by the applicant in the NOI. The information provided by the applicant, including all appendices, attachments, plans, and supporting documentation, are incorporated by reference as a part of the approval and are enforceable as a condition of the approval. If there is any conflict between the General Permit and the NOI, including any appendices, attachments, plans, and other supporting documentation, the more environmentally protective provision applies.

IV. NOTICE OF TERMINATION

A. Termination of Coverage

1. Upon permanent stabilization of earth disturbance activity under 25 Pa. Code § 102.22(a)(2) (relating to permanent stabilization) and installation of BMPs in accordance with the approved plans prepared and implemented in accordance with 25 Pa. Code §§ 102.4 and 102.8, the permittee and/or co-permittee(s) shall submit an NOT to DEP or CCD. The NOT must include:

a. The facility name, address, and location.

b. The operator name and address.

c. The permit number.

d. The reason for the permit termination.

e. Identification of the persons who have agreed to and will be responsible for the long-term O&M of

PCSM BMP(s).

2. Until the permittee or co-permittee has received written approval of the NOT, the permittee or co-permittee will remain responsible for compliance with the General Permit terms and conditions, including long-term O&M of all PCSM BMPs on the project site in accordance with 25 Pa. Code § 102.8(m) (relating to PCSM long-term operation and maintenance requirements). DEP or CCD will conduct a follow-up inspection and approve or deny the NOT within 30 days of its receipt in accordance with 25 Pa. Code § 102.7(c) (relating to permit termination).

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B. Final Certification

1. The permittee shall enclose with the NOT “Record Drawings” a final certification statement from a licensed professional, which reads as follows:

“I (name) do hereby certify pursuant to the penalties of 18 Pa.C.S. § 4904 to the best of my knowledge, information, and belief, that the accompanying record drawings accurately reflect the as built conditions, are true and correct, and are in conformance with Chapter 102 of the rules and regulations of the Department of Environmental Protection and that the project site was constructed in accordance with the approved PCSM Plan, all approved plan changes, and accepted construction practices.”

2. The permittee shall retain a copy of the record drawings as part of the approved PCSM Plan and shall provide a copy of the record drawings to the persons identified as responsible for the long-term O&M of PCSM BMPs. Permittees shall also provide copies of both the record drawings and the long-term O&M plan to DEP or CCD and the municipality(ies) where the project site is located.

tor ean Water

General Permit (PAG-02) Issued By

Acting Direc Bureau of Cl

Effective: December 8, 2019

Expires: December 7, 2024

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PART A

EFFLUENT LIMITATIONS, MONITORING AND REPORTING REQUIREMENTS

I. EFFLUENT LIMITATIONS

A. BMPs.

Except as required by 25 Pa. Code § 102.11(c), this General Permit establishes narrative performance-based effluent limitations in the form of BMPs identified in E&S Plans, PCSM Plans, and PPC Plans, which control the volume, rate, and quality of stormwater runoff discharged into surface waters, and which replicate pre-construction infiltration and runoff conditions to the maximum extent practicable. Section 102.11(c) incorporates by reference federal Effluent Limitation Guidelines in 40 CFR Part 450 (relating to the construction and development point source category).

B. Water Quality-Based Effluent Limitations.

1. Persons proposing or conducting earth disturbance activities shall develop, implement and maintain E&S and PCSM BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post-construction stormwater to ensure that the water quality standards of all affected waters are attained.

2. Earth disturbance activities authorized under this General Permit shall achieve WLAs established in any applicable TMDL. All stormwater discharges must comply with all applicable requirements established in accordance with DEP’s regulations at 25 Pa. Code Chapters 91-96, 102, and 105.

3. For all permittees covered under this General Permit, DEP or CCD may, upon written notice, require additional BMPs or other control measures to ensure that the water quality standards of the receiving waters are attained.

C. The permittee may not discharge:

1. Floating solids, scum, sheen or substances that result in observed deposits in the receiving water, and foam or substances that produce an observable change in the color, taste, odor or turbidity of the receiving water. (25 Pa. Code § 92a.41(c))

2. Substances in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life. (25 Pa. Code § 93.6(a))

II. MONITORING, INSPECTION, AND REPORTING REQUIREMENTS

A. Site Inspections – The permittee shall conduct visual site inspections throughout the duration of construction and until the NOT has been submitted by the permittee, at the following frequencies:

- Routine Inspections shall be conducted weekly.

- Post-Storm Event Inspections shall be conducted within 24 hours after the conclusion of each measurable storm event (i.e., precipitation in an amount of 0.25 inch or greater over a 24-hour period) or the occurrence of snowmelt sufficient to cause a discharge.

- Corrective Action Inspections shall be conducted anytime the permittee observes a deficiency in implementation of the E&S and PCSM Plans.

1. The permittee shall document each site inspection on DEP’s Chapter 102 Visual Site Inspection Report

(3800-FM-BCW0271d) or alternative document or electronic form that collects and retains identical information. All requested information on the Visual Site Inspection Report must be completed. If electronic forms are used to document site inspections, the permittee shall provide a physical copy of the inspection report to DEP or CCD upon request. The permittee shall submit visual site inspection reports to DEP or CCD upon request.

2. Site inspections shall be performed by personnel that are trained and experienced in E&S and PCSM BMP construction, function, and maintenance and are familiar with the E&S and PCSM Plans for the project site.

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3. To determine if a storm event of 0.25 inch or greater has occurred on a project site, the permittee shall either maintain a rain gauge on-site or obtain storm event information from a weather station that is representative of the project site location.

B. Licensed Professional Oversight of Critical Stages (25 Pa. Code § 102.8(k))

A licensed professional or a designee shall be present on-site and shall be responsible for oversight of critical stages of implementation of the approved PCSM Plan. The critical stages may include the installation of underground treatment or storage BMPs, structurally engineered BMPs, or other BMPs as deemed appropriate by DEP or CCD.

C. Non-Compliance or Potential Pollution Reporting

Where E&S, PCSM or PPC BMPs are found to be inoperative or ineffective during an inspection or any other time the permittee becomes aware of any incident causing or threatening pollution as described in 25 Pa. Code

§ 91.33 (relating to incidents causing or threatening pollution), as required by 25 Pa. Code § 92a.41(b) (relating to conditions applicable to all permits), the permittee and/or co-permittee(s) shall, as soon as possible but no later than four (4) hours after becoming aware of the incident, contact DEP or CCD, by phone or personal contact, followed by the submission of a written report within five (5) days of the initial contact, which may be waived by DEP or CCD. Non-compliance reports shall include the following information:

1. Any condition on the project site which may endanger public health, safety, or the environment, or involve incidents which cause or threaten pollution;

2. The period of non-compliance, including exact dates and times and/or anticipated time when the activity will return to compliance;

3. Steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance; and

4. The date or schedule of dates, and identifying remedies for correcting non-compliance conditions.

D. Monitoring.

DEP or CCD may require additional monitoring where an increased risk of potential water pollution is present, or water pollution is suspected to be occurring from a construction activity subject to this General Permit, or for any reason in accordance with 25 Pa. Code § 92a.61 (relating to monitoring). The permittee or co-permittee shall commence such monitoring upon notification from DEP or CCD. (25 Pa. Code § 92a.61(b))

III. RECORD KEEPING

The permittee and co-permittee(s) shall retain records of all monitoring information including copies of all monitoring and inspection reports required by this General Permit, all monitoring information (including site log book, calibration and maintenance records) and records of data used to complete the NOI for this General Permit for a period of three years from the date General Permit coverage is terminated, as required by 25 Pa. Code § 92a.61(f)(2). This period of retention must be extended during the course of any unresolved compliance, enforcement, or litigation or when requested by DEP or CCD. (25 Pa. Code § 92a.3(c) and 122.41(j)(2))

IV. DISCHARGES CONSISTENT WITH TERMS AND CONDITIONS OF THE GENERAL PERMIT

All discharges authorized by this NPDES permit shall be consistent with the terms and conditions of the General Permit.

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I. MANAGEMENT REQUIREMENTS

PART B

STANDARD CONDITIONS

A. Permit Modification, Termination, or Revocation and Reissuance

The General Permit will expire five (5) years from the date of its issuance. DEP will publish a notice of the draft, renewed, or reissued General Permit or of any amendments to this General Permit, in the Pennsylvania Bulletin, and, after a comment period, DEP will publish notice of the final, renewed, reissued or amended General Permit in the Pennsylvania Bulletin. Any person wishing to be covered by such a final, renewed, reissued or amended General Permit must submit an NOI for General Permit coverage or, for existing discharges with General Permit coverage, an affirmative acknowledgement of the new General Permit’s terms and conditions, as applicable.

See 40 CFR § 122.28(b)(2)(i). A person may alternatively request coverage under an Individual NPDES Permit.

See 40 CFR § 122.28(b)(2)(vi); 25 Pa. Code § 92a.54(c) and (d) (relating to general permits). If the permittee is unable to comply with the renewed, reissued, or amended General Permit, the permittee must submit an application for an Individual NPDES Permit within 90 days of publication of this General Permit.

1. Coverage under this General Permit may be modified, suspended, revoked, reissued, or terminated during its term for any of the causes specified in 25 Pa. Code Chapters 92a (relating to NPDES permitting, monitoring and compliance) and 102 (relating to erosion and sediment control), or to require compliance with updated effluent limitation guidelines, water quality standards, impaired water listings, or newly approved TMDLs.

2. DEP may modify, revoke, suspend, or terminate previously issued coverage under this General Permit and require the stormwater discharger to apply for and obtain an Individual NPDES Permit in accordance with 25 Pa. Code Chapters 92a and 102.

3. The filing of a request by the permittee or co-permittee(s) for a General Permit or coverage modification, revocation, reissuance, or termination, or a notification of planned changes or anticipated non-compliance, does not eliminate any existing General Permit conditions.

4. General Permit coverage modification or revocation will be conducted according to 25 Pa. Code Chapters 92a and 102.

B. Duty to Provide Information

1. The permittee or co-permittee(s) shall furnish to DEP or CCD within thirty (30) days or such other timeframe as instructed by DEP or CCD, any information that DEP or CCD may request to determine whether cause exists for modifying, revoking, reissuing, or terminating coverage approved under this General Permit or to determine compliance with this General Permit. (25 Pa. Code § 92a.41(a) and 40 CFR § 122.41(h))

2. The permittee or co-permittee(s) shall furnish, upon request, to DEP or CCD or EPA, copies of records required to be kept by this General Permit. (25 Pa. Code § 92a.41(a) and 40 CFR § 122.41(h))

3. When the permittee or co-permittee(s) becomes aware that they failed to submit any relevant facts or submitted incorrect information in the NOI, E&S Plan, PCSM Plan, or PPC Plan or in any other report to DEP or CCD, the permittee or co-permittee shall within 24 hours of becoming aware of the deficiency submit or correct such facts or information. (25 Pa. Code § 92a.41(a) and 40 CFR § 122.41(l)(8))

4. The permittee or co-permittee shall give seven (7) calendar days advance notice to DEP or CCD of any planned physical alterations or additions to the permitted facility which could, in any way, substantially affect the quality and/or quantity of stormwater discharged from the activity.

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C. Signatory Requirements (25 Pa. Code § 92a.22 and 40 CFR § 122.22)

Documents required, submitted, or maintained under this General Permit shall be signed in accordance with the following:

1. Notices of Intent, Transferee/Co-permittee Form, and Notices of Termination.

a. Corporations – (1) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (2) the manager of one or more manufacturing, production, or operating facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. Partnerships or sole proprietorships – a general partner or the proprietor, respectively; or

c. Municipalities, state, federal, or other public agencies – either a principal…