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 §
140-34 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 Subsection A(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) 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 postdevelopment 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 (Rev) volume 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
[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.
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 postconstruction 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 postconstruction 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 postconstruction 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 postconstruction 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 can not be physically accomplished, the water quality volume should be calculated using the Net Two-Year Volume Approach described in §
140-51A(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 Appendix E.
(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 Part
2, 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.