When is an E&S Plan needed?

  • State law requires that an Erosion and Sediment Pollution Control (E&SPC) Plan, which meets the requirements of Chapter 102 (Erosion and Sediment Control Regulations), be properly designed, implemented, and available on site for all earth disturbance activities that disturb 5,000 square feet or more.  (But for projects with less than 20,000 square feet of earth disturbance, the district does not need to review and approve the E&SPC plan, unless the municipality requires it, or certain DEP permits are required for the project.)
  • Projects with more than 10,000 square feet of new impervious area or more than 20,000 of earth disturbance require a district-approved E&SPC plan as part of the Stormwater Management Site Plan that must be developed and submitted to the municipality for stormwater management permits under the Luzerne County Stormwater Management Plan and related municipal ordinances.  Smaller projects still require municipal stormwater permits, under which E&SPC plans must be developed and implemented, but district review/approval is not required.  Please consult the municipal office regarding stormwater permit requirements.
  • Earth disturbance over 1 acre in size requires a district-approved E&SPC plan and NPDES (National Pollutant Discharge Elimination System) permit.
  • The district can require an E&SPC plan if there is a complaint and/or a problem on the site.

Please Note:

A review fee is charged for all reviews performed by the district.

An E&SPC plan is not considered public information until it has been deemed administratively complete by the district.