The following permit requirements may apply to certain regulated
earth disturbance activities and must be met prior to commencement
of regulated earth disturbance activities, as applicable:
A. All regulated earth disturbance activities subject to permit requirements
by DEP under regulations at 25 Pennsylvania Code Chapter 102.
B. Work within natural drainageways subject to permit by DEP under 25
Pennsylvania Code Chapter 105.
C. Any stormwater management facility that would be located in or adjacent
to surface waters of the commonwealth, including wetlands, subject
to permit by DEP under 25 Pennsylvania Code Chapter 105.
D. Any stormwater management facility that would be located on a state
highway right-of-way or require access from a state highway shall
be subject to approval by PennDOT.
E. Culverts, bridges, storm sewers, or any other facilities which must
pass or convey flows from the tributary area and any facility which
may constitute a dam subject to permit by DEP under 25 Pennsylvania
Code Chapter 105.
Maximizing the groundwater recharge capacity of the area being developed is required. Design of the infiltration facilities shall consider groundwater recharge to compensate for the reduction in the recharge that occurs when the ground surface is disturbed or impervious surface is created. It is recommended that roof runoff be directed to infiltration BMPs that may be designed to compensate for the runoff from parking areas. These measures are required to be consistent with §
99-3 and to take advantage of utilizing any existing recharge areas. Infiltration may not be feasible on every site due to site-specific limitations such as soil type. If it cannot be physically accomplished, then the design professional shall be responsible to show that this cannot be physically accomplished. Appropriate soils testing and/or geotechnical evaluation should be included as part of any documentation for infiltration BMPs. If it can be physically accomplished, then the volume of runoff to be infiltrated shall be determined from §
99-44A(2).
A. Infiltration BMPs shall meet the following minimum requirements:
(1) Infiltration BMPs intended to receive runoff from developed areas
shall be selected based on suitability of soils and site conditions
and shall be constructed on soils that have the following characteristics:
(a)
A minimum depth of 24 inches, between the bottom of the BMP
and the top of the limiting zone (e.g., SHWT, groundwater, bedrock,
etc.).
(b)
An infiltration rate sufficient to accept the additional stormwater
load and dewater completely as determined by field tests conducted
by the applicant's design professional.
(c)
The infiltration facility shall be capable of completely infiltrating
the recharge (infiltration) volume (Rev) within
three days (72 hours) or less.
(d)
Pretreatment shall be provided prior to infiltration.
(2) The size of the infiltration facility shall be based upon the Net
Two Year Volume Approach, where the recharge (infiltration) volume
(Rev) to be captured and infiltrated shall
be the volume difference between the predevelopment two-year, twenty-four-hour
storm event and post-development two-year, twenty-four -hour storm
event.
(3) The recharge volume calculated using this section is the minimum
volume the applicant must control through an infiltration BMP facility.
However, if a site has areas of soils where additional volume of recharge
can be achieved, the applicant is encouraged to infiltrate as much
of the stormwater runoff from the site as possible.
B. Soils testing. If on-lot infiltration is proposed as part of a project,
the applicant's design professional must demonstrate to the satisfaction
of the municipality that the soils are conducive to infiltration at
the proposed location of infiltration facilities. Soils testing shall
be completed as follows:
(1) Soils testing must be conducted by a qualified design professional
and at a minimum shall address depth to limiting zone, soil permeability,
and subgrade stability. Soils testing must be observed by a representative
of the municipality.
(2) Analyze hydrologic soil groups as well as natural and man-made features
within the site to determine general areas of suitability for infiltration
practices. In areas where development on fill material is under consideration,
conduct geotechnical investigations of subgrade stability; infiltration
may not be ruled out without conducting these tests.
(3) Conduct field testing including test pits to determine soil horizons
and depth to limiting zone and permeability tests, at the elevation
of the proposed infiltration facility surface, to determine the appropriate
hydraulic conductivity rate. Double ring infiltrometer or hydraulic
conductivity tests should be used to determine soil permeability (percolation
tests are not recommended for design purposes). Site evaluation and
soils testing should be conducted in accordance with Appendix C of
the Pennsylvania Stormwater Best Management Practices Manual.
(4) The proposed infiltration facilities shall be designed for the required
recharge (Rev) volume based on the field-determined
capacity at the surface elevation of the proposed infiltration facility.
C. Stormwater hotspots. Below is a list of examples of designated hotspots.
If a site is designated as a hotspot, it has important implications
for how stormwater is managed. First and foremost, untreated stormwater
runoff from hotspots shall not be allowed to recharge into groundwater
where it may contaminate water supplies. Therefore, the Rev requirement shall not be applied to development sites
that fit into the hotspot category (the entire WQv must still be treated). Second, a greater level of stormwater treatment
shall be considered at hotspot sites to prevent pollutant washoff
after construction. The Environmental Protection Agency's (EPA) NPDES
stormwater program requires some industrial sites to prepare and implement
a stormwater pollution prevention plan.
(1) Examples of hotspots:
(a)
Vehicle salvage yards and recycling facilities.
(b)
Vehicle fueling stations.
(c)
Vehicle service and maintenance facilities.
(d)
Vehicle and equipment cleaning facilities.
(e)
Fleet storage areas (bus, truck, etc.).
(f)
Industrial sites based on standard industrial codes.
(g)
Marinas (service and maintenance).
(h)
Outdoor liquid container storage.
(i)
Outdoor loading/unloading facilities.
(j)
Public works storage areas.
(k)
Facilities that generate or store hazardous materials.
(l)
Commercial container nursery.
(m)
Other land uses and activities as designated by an appropriate
review authority.
(2) The following land uses and activities are not normally considered
hotspots:
(a)
Residential streets and rural highways.
(c)
Institutional development.
(f)
Pervious areas, except golf courses and nurseries (which may
need an integrated pest management (IPM) plan).
(3) While large highways (average daily traffic volume (ADT) greater
than 30,000 are not designated as stormwater hotspots, it is important
to ensure that highway stormwater management plans adequately protect
groundwater.
D. Extreme caution shall be exercised where infiltration is proposed
in SWPAs as defined by the local municipality or water authority.
E. Infiltration facilities shall be used in conjunction with other innovative
or traditional BMPs, stormwater control facilities, and nonstructural
stormwater management alternatives.
F. Extreme caution shall be exercised where salt or chloride (municipal
salt storage) would be a pollutant since soils do little to filter
this pollutant, and it may contaminate the groundwater. The qualified
design professional shall evaluate the possibility of groundwater
contamination from the proposed infiltration facility and perform
a hydrogeologic justification study if necessary. Specific consideration
should be given to the particular type of salt or deicing material
to be used within this watershed in regards to its potential long-term
effects on the soils, especially in areas that contain clay soil.
G. The infiltration requirement in HQ or EV waters shall be subject
to the Department's Chapter 93 Antidegradation Regulations.
H. An impermeable liner will be required in detention basins where the
possibility of groundwater contamination exists. A detailed hydrogeologic
investigation may be required by the municipality.
I. The municipality shall require the applicant to provide safeguards
against groundwater contamination for land uses that may cause groundwater
contamination should there be a mishap or spill.
J. Infiltration design criteria.
(1) All infiltration systems shall have appropriate positive overflow
controls to prevent storage within one foot of the finished surface
or grade.
(2) All infiltration systems shall have a minimum setback of 15 feet
from principal structures, 10 feet from property lines, 100 feet from
wells, and 50 feet from septic system drain fields. Care should be
taken to prevent any seepage into subgrade structures.
(3) Surface inflows shall be treated to prevent the direct discharge
of sediment and pollutants into the infiltration system; accumulated
sediment reduces stormwater storage capacity and ultimately clogs
the infiltration mechanism.
(4) No sand or other particulate matter may be applied to a porous paving
surface for winter ice conditions.
(5) During site construction, all recharge system components shall be
protected from compaction due to heavy equipment operation or storage
of fill or construction material. Recharge areas shall be protected
from sedimentation. All areas designated for recharge shall not receive
runoff until the contributory drainage area has achieved final stabilization.
(6) The following procedures and materials shall be required during the
construction of all subsurface facilities:
(a)
Excavation for the infiltration facility shall be performed
with equipment which will not compact the bottom of the seepage bed/trench
or like facility.
(b)
The bottom of the bed and/or trench shall be scarified prior
to the placement of aggregate.
(c)
Only clean aggregate, free of fines, shall be allowed.
(d)
The top and sides of all seepage beds, trenches, or like facilities
shall be covered with drainage filtration fabric. Fabric shall meet
the specifications of PennDOT Publication 408, Section 735 Construction
Class 1.
(e)
Perforated distribution pipes connected to centralized catch
basins and/or manholes with provision for the collection of debris
shall be provided in all facilities. The perforated pipes shall distribute
stormwater throughout the entire seepage bed/trench, or like facility.
(7) All infiltration facilities which service more than one lot and are
considered a common facility shall have an easement provided to the
Township for future access if necessary.
(8) No more than 50% of the required infiltration volume may be provided
in detention basin bottoms. The remaining 50% of infiltration volumes
shall be provided at or near the proposed impervious coverage.
The applicant shall comply with the following water quality
requirements of this article.
A. No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of a plan that demonstrates
compliance with post-construction state water quality requirements.
B. The BMPs shall be designed, implemented, and maintained to meet state
water quality requirements and any other more stringent requirements
as determined by the municipality.
C. To control post-construction stormwater impacts from regulated earth
disturbance activities, state water quality requirements can be met
by BMPs, including site design, which provide for replication of preconstruction
stormwater infiltration and runoff conditions so that post-construction
stormwater discharges do not degrade the physical, chemical, or biological
characteristics of the receiving waters. As described in the DEP Comprehensive
Stormwater Management Policy (#392-0300-002, September 28, 2002),
this may be achieved by the following:
(1) Infiltration: replication of preconstruction stormwater infiltration
conditions;
(2) Treatment: use of water quality treatment BMPs to ensure filtering
out of the chemical and physical pollutants from the stormwater runoff;
and
(3) Stream bank and streambed protection: management of volume and rate
of post-construction stormwater discharges to prevent physical degradation
of receiving waters (e.g., from scouring).
D. Developed areas shall provide adequate storage and treatment facilities necessary to capture and treat stormwater runoff. If site conditions allow for infiltration, the water quality volume and the recharge volume are the same volume and may be managed in a single facility. If infiltration cannot be physically accomplished, the water quality volume should be calculated using the net two-year volume approach described in §
99-44A(2). In this case, the water quality volume may be captured and treated by methods other than infiltration BMPs.
(1) This volume requirement can be accomplished by the permanent volume
of a wet basin or the detained volume from other BMPs. Where appropriate,
wet basins shall be utilized for water quality control and shall follow
the guidelines of the BMP manuals referenced in Chapter Appendix F.
(2) The water quality volume shall take a minimum of 24 hours to be discharged
from a BMP facility. Release of the water quality volume can begin
at the start of the storm (i.e., the invert of the water quality orifice
is at the invert of the facility). The design of the facility shall
provide for protection from clogging and unwanted sedimentation.
E. For areas within defined special protection subwatersheds that include
EV and HQ waters, the temperature and quality of water and streams
shall be maintained through the use of temperature-sensitive BMPs
and stormwater conveyance systems.
F. To accomplish the above, the applicant shall submit original and
innovative designs to the Municipal Engineer for review and approval.
Such designs may achieve the water quality objectives through a combination
of different BMPs.
G. If a perennial or intermittent stream passes through the site, the
applicant shall create a stream buffer extending a minimum of 50 feet
to either side of the top-of-bank of the channel. The buffer area
shall be maintained with and encouraged to use appropriate native
vegetation. (Refer to Appendix B of the Pennsylvania Stormwater Best
Management Practices Manual, latest version, for plant lists.) If
the applicable rear- or side-yard setback is less than 50 feet or
a stream traverses the site, the buffer width may be reduced to 25%
of the setback and/or to a minimum of 10 feet. If an existing buffer
is legally prescribed (i.e., deed, covenant, easement, etc.) and it
exceeds the requirements of this chapter, the existing buffer shall
be maintained. This does not include lakes or wetlands.
H. Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the municipality. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of §
99-45A.