NPDES Program

In conjunction with the E&S program is the National Pollution Discharge Elimination System (NPDES) Program. This program requires any earthmoving activities disturbing one (1) acre or more over the life of the project to obtain a permit.  Under the requirements of the NPDES program, these activities must have an erosion control plan submitted to the District for review. Permits are not issued until the plan is in compliance with Chapter 102, Title 25 Rules and Regulations of the Clean Streams Law.

Chapter 102 and NPDES Phase II Requirements for Construction Activities
 Revised November 2010
Disturbed Area
Written E & S Plan
E & S Plan Approved
NPDES SW Construction Permit
PCSMP Submitted
PCSMP Approval
 0-5000 Sq. Ft
Not required unless in HQ, EV or other DEP permit requirement
(i.e. Ch. 105)  
 Not required but may be required by others**
No 
Not required but may be a municipal requirement 
 Not required but may be a municipal requirement
 5000 Sq. Ft to
<1 acre
 Yes
 Not required but may be required by others**
No 
 Not required but may be a municipal requirement
Not required but may be a municipal requirement 
 1 or more acres
 Yes
 Required
 Yes
 Yes
Individual YES
 
General NO* 
 

*Even where the technical approval by the Conservation District of the PCSM plan is not required, the permittee must develop and implement the PCSM plan and certify that the BMPs were implemented in accordance with the PCSM plan when the Notice of Termination is submitted.
**Although E & S plan approval is not required under Chapter 102 for these activities, E & S approval may be required by municipal ordinance or if other DEP permits are required, i.e. Chapter 105 Joint Permit or GPs.
Chapter 102 Regulations Effective November 19, 2010
Responsibilities of Local Governing Bodies
Chapter 102.42 
A municipality or county which issues building or other permits shall notify the Department or conservation district within 5 days of receipt of an application for a permit involving an earth disturbance activity consisting of 1 acre (0.4 hectare) or more.
Chapter 102.43  
With the exception of local stormwater approvals or authorizations, a municipality or county may not issue building or other permit or approval to those proposing or conducting earth disturbance activities requiring a Department permit until the Department or a county conservation district has issued the E&S or individual NPDES Permit, or approved coverage under the general NPDES Permit for Stormwater Discharges Associated With Construction Activities under Chapter 102.5 (relating to permit requirements).