NPDES/E&S Updates

Attention Developers and Consultant:

8/31/16 ~ Important Information on Recording PCSM Instrument Filing Notices

Due to recent problems with recording the Post Construction Stormwater Management (PCSM) Instrument Filing Notices for permitted construction projects, the Luzerne Conservation District and PA DEP met with the Luzerne County Recorder of Deeds Office.  The County Recorder is requesting that the following documents be recorded as one filing:

  1. PCSM Instrument Filing Notice Document 3150-PM-BWEW0556
  2. Instrument for the Declaration of Restrictions and Covenants
  3. PCSM plan (on no larger than 11”x17” paper)

This will avoid the county from charging recording fees for each document and requiring the PCSM plans to be signed by the county and notarized separately.  In addition, the documents should be recorded as a “Declaration”, which falls under the “Deeds – Miscellaneous” category.

Click here for the Luzerne County Recorder of Deeds’ fee schedule.


11/14/2012 ~ New NPDES Permit Processing Procedures Take Effect:

The PA Department of Environmental Protection (DEP) has implemented new standard operating procedures (SOPs) for the processing of National Pollution Discharge Elimination System (NPDES) permits.  Along with the new SOPs, there are also new forms and timelines for NPDES permit applications.  Please visit our Forms & Guidance page for the new forms and related information.  These changes have resulted from DEP’s implementation of the Permit Decision Guarantee initiative to improve it’s permitting and approval processes.

The new SOP for General NPDES Permits can be download by clicking HERE.

The new SOP for Individual NPDES Permits can be downloaded by clicking HERE.


8/2011 ~ DEP has released a revised Frequently Asked Questions document in response to questions that have been raised since the revisions to the Chapter 102 Erosion & Sediment Control Regulations in November of 2010.  The document can be downloaded by clicking here.


11/2010 ~ New E&S Regulations in Effect:

All new NPDES permit applications received on or after November 19, 2010 must meet the requirements of the new Erosion & Sediment Control and Stormwater Management regulations (25 PA Code Chapter 102).

Applications that are “in the door” prior to November 19th can be considered under the existing Chapter 102 regulations.  The following items need to be submitted to the Conservation District by November 18, 2010 (or postmarked by 11/18/10 if shipped) to be considered “in the door”:

  • General Information Form (Individual Permits only)
  • Notice of Intent Permit Application Form
  • Check for NPDES permit administrative filing fee
  • District E&SPC Plan Review Application
  • Check for District plan review/service fee
  • Location map
  • Notice to municipality/county – proof of receipt
  • Proof of PNHP coordination
  • Cultural Resources Notice – proof of receipt (Individual Permits only that disturb 10 or more acres)
  • Erosion & Sediment Pollution Control Plan
  • Post Construction Stormwater Manager Plan

If any of these items are missing or incomplete the application package will be returned to the applicant as incomplete and the applicant will have to resubmit their application package (meeting the new Chapter 102 regulation requirements if after 11/18/10).


12/2009 ~ Please note the following NPDES Permitting Update from DEP:

The PAG-02 NPDES General Permit expired at midnight December 7, 2009.  Effective 12:01 a.m. December 8, 2009, DEP has reissued the PAG-02, 2009 Amendment NPDES General Permit.  A Notice of Availability was published in the PA Bulletin 39 Pa.B. 6910 on Saturday December 5, 2009.

The department published the proposed revisions to the PAG-02 in the PA Bulletin at 39 Pa.B. 4955 on August 15, 2009 for a 30 day public comment period.  Eight commentators provided 46 comments on the proposed revisions to the permit.  The department also addressed comments we received from EPA.

The major changes to the PAG-02, 2009 Amendment of the NPDES General permit are:

1.)  The PAG-02 will be reissued for a two year time period.  EPA has recommended that this PAG-02 renewal be of shorter duration in light of the issuance of the final ”Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category” proposed November 28, 2008 (73 FR 72,561) applicable to this category of NPDES discharges, and in anticipation of finalization of revisions to Pennsylvania’s Chapter 102 Erosion and Sediment Control and Stormwater Management regulations proposed in the Pennsylvania Bulletin 39 Pa.B. 5131 (August 29, 2009). The Department agrees and they are publishing this renewal for 2 years rather than five. PAG-02, 2009 Amendment will expire at midnight on December 7, 2011.  An applicant’s authorization will commence on the date of approval of coverage and will be valid for a two year time period.

2.)  Two new conditions for when the PAG-02 may not be used have been added to the permit:

a. Discharges to surface waters identified as impaired waters where the proposed discharge will result in a net change (pre-condition to post condition) in volume or rate or water quality of the stormwater.

b. Persons are not eligible for coverage under this permit for discharges of pollutants of concern to waters for which there is a total maximum daily load (TMDL) established or approved by EPA unless the E&S and PCSM Plans include implementation measures or controls that are consistent with the assumptions and requirements of such TMDL. To be eligible for coverage under this general permit, persons must implement conditions applicable to their discharges necessary for consistency with the assumptions and requirements of such TMDL.  If a specific wasteload allocation has been established that would apply to the discharge, persons must implement necessary steps to meet that allocation.

3.)  New requirements have been added for permit modification, termination, or revocation and reissuance.

4.)  The general permit will expire 2 years from the date of its issuance.  The department will publish a notice in the Pennsylvania Bulletin of the draft, renewed, or reissued general permit or of any amendments to this general permit, and after a comment period notice of the final, renewed, reissued or amended general permit will be published in the Pennsylvania Bulletin.  Any person with an unexpired approval of coverage under the general permit shall be responsible for complying with the final renewed, reissued or amended general permit.  Such persons shall be covered by the general permit even if the discharger has not submitted a separate NOI to be covered by such final renewed, reissued or amended general permit.  Such person may request coverage under an individual permit.  See 40C.F.R. § 122.28(b)(2)(vi); 25 Pa. Code § 92.81(c) and (d)

5.)  A requirement for completion certificates and final plans have been added to Part B.

6.)  In Part C under E&S plans two new conditions have been added:

a. Upon the installation or stabilization of all perimeter sediment control BMPs and at least 3 days prior to proceeding with the bulk earth disturbance activities, the permittee or co-permittee shall provide notification to the department or authorized conservation district.

b. The E&S Plan must be consistent with the assumptions and requirements of any available Wasteload Allocations (WLAs) for the discharges as set forth in any applicable Total Maximum Daily Loads (TMDLs) established for the receiving waters.

7.)  Clean Fill requirements have been added under Spoil and Borrow areas.

8.)  Phased project guidance has been revised to add a statement that ” subsequent phases commenced after termination of the PAG-02, 2009 Amendment, shall be responsible for complying with the final renewed, reissued, or amended general permit.

9.)  Infiltration BMP requirements were added in Part C.

10.) Stabilization requirements were revised.

11.) The requirement that earth disturbance may not commence until all related Act 537 Sewage Facilities Planning approvals have been obtained was added.

12.) The permit fee for the NPDES General Permit will increase from $250.00 to $500.00 effective December 8, 2009.

13.) Based on the revisions to the PAG-02, 2009 Amendment, the NOI/application forms and checklists and instructions have been revised.  Applicants should begin to use the new NOI/application effective 12-8-09.

Please use the following link to find the reissued PAG-02 materials, including the comment and response document, fact sheet, and a sample of the PAG-02, 2009 Amendment NPDES General Permit.

A link to the revised NOI/application is available on our Forms & Guidance page.

Click here to read DEP’s PAG-02 Questions & Answers Document.