Final Pennsylvania Chapter 102 Regulations Published

September 2010Newsletters In the Zone

On August 21, 2010, the Pennsylvania Department of Environmental Protection published in the Pennsylvania Bulletin the final Chapter 102 regulations that govern erosion and sediment control as well as storm water. With its publications, the new regulations will take effect across the state on November 19, 2010.

Much has been written about the new Chapter 102 regulations and their negative impact on the development community. However, there are a few positive aspects to the new rules, and applicants have to watch the clock to take advantage of two of them.

Section 102.14(d)(1)(iv) offers a permanent exception from the riparian buffer requirements for those applications submitted prior to the effective date of the regulations. Such an exception would grandfather the project from buffering special protection waters even when going for NPDES renewals in the future.

Conversely, Section 102.8(a) holds an applicant seeking to renew his or her NPDES permit shall have the Post Construction Stormwater Management plan grandfathered to the original plan so long as the permit renewal occurs after the effective date of the regulations but before January 1, 2013.

For more information, please contact Robert W. Gundlach, Jr. at 215.918.3636 or [email protected]