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 Pa. Code Chapter
102.
B. Work within natural drainageways subject to permit by DEP under 25 Pa. 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 Pa. Code Chapter
105.
D. Any stormwater management facility that encroaches on a state highway
right-of-way or requires 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 are subject to a permit from DEP under 25 Pa. 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 §
101-3 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 §
101-20A(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, preferably 36 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) between 24 hours to 72 hours.
(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. A detailed soils evaluation of the project site shall be required
to determine the suitability of infiltration facilities. The evaluation
shall be performed by a qualified design professional and at a minimum
address soil permeability, depth to bedrock, and subgrade stability.
The general process for designing the infiltration BMP shall be:
(1) 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.
(2) Provide field tests, such as double ring infiltrometer or hydraulic
conductivity tests (at the level of the proposed infiltration surface),
to determine the appropriate hydraulic conductivity rate. Percolation
tests are not recommended for design purposes.
(3) Design the infiltration structure for the required recharge volume
(Rev) based on field-determined capacity at the level of the proposed
infiltration surface.
(4) If on-lot infiltration structures are proposed by the applicant's
design professional, it must be demonstrated to the municipality that
the soils are conducive to infiltrate on the lots identified.
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.
(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 would be
a pollutant, such as municipal salt storage, 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 stored within this watershed in regards to its potential long-term
effects on the soils.
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.
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 (No. 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 the filtering
out of the chemical and physical pollutants from the stormwater runoff;
and
(3) Streambank 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. Storage and treatment facilities.
(1) 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 §
101-20A(2). In this case, the water quality volume may be captured and treated by methods other than infiltration BMPs.
(2) 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 Appendix E.
(3) 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 10 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 five 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 §
101-21A.