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Public Notice of Availability of Final NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02)

[42 Pa.B. 7347]
[Saturday, December 1, 2012]

The Department of Environmental Protection (Department) by this notice is publishing as final the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02, 2012 amendment) for renewal for 5 years. This General NPDES Permit is issued under the authority of the Clean Water Act (33 U.S.C.A. §§ 1251—1387) and The Clean Streams Law (35 P. S. §§ 691.1—691.1001). The current PAG-02 permit is scheduled to expire at 12 a.m. on December 7, 2012. This permit becomes available at 12:01 a.m. on December 8, 2012. In accordance with 25 Pa. Code § 92a.84(c)(3) (relating to public notice of general permits), a notice will be published in the Pennsylvania Bulletin of every approval of coverage only.

This General Permit, as finalized, has been modified in the following significant ways:

  • Changing from 2-year term to 5-year term.
  • Updated fees.
  • Updated stabilization requirements to mirror the revised 25 Pa. Code Chapter 102 (relating to erosion and sediment control) regulations.
  • Revised condition for projects that drain to waters with Total Maximum Daily Loads or that are impaired.
  • Added condition for projects discharging to permitted Municipal Separate Storm Sewer System (MS4) or Combined Sewer Overflow (CSO) if there is a net change in the post construction stormwater rate, volume or quality, must obtain permission from the permitted MS4 or CSO.
  • Added conditions related insufficient funds tendered for permit fees.
  • Updated long-term post construction stormwater management conditions to mirror the revised 25 Pa. Code Chapter 102 regulations.
  • Modified condition regarding when the Department must be notified for noncompliance monitoring.
  • Added conditions per 25 Pa. Code § 102.8(n) (relating to PCSM requirements) regarding when site restoration plans can be used in lieu of post construction stormwater management plans.
  • Added condition to address use of voluntary riparian forest buffers to achieve the antidegradation presumption and for trading, offsetting purposes.
  • Added condition related to permitted MS4 reliance on the construction stormwater program as a ”Qualifying Local Program” to meet some of their permit obligations.
  • Added conditions related to public notice and stormwater offsetting.
  • Deeding restrictions for Federal facilities must be done upon the transfer of the property but not with the notice of termination.
  • Deeding restrictions/covenants must be recorded before the sale of property to owners.
  • Included effluent monitoring conditions and limitations for turbidity to maintain compliance with 40 CFR Part 450 (relating to construction and development point source category).
  • Modified preconstruction meetings from voluntary to mandatory unless the applicant is informed by the Department or delegated conservation district that it is not necessary.

The Department solicited public comment on the proposed revisions to PAG-02 from August 18, 2012, through October 2, 2012. Sixty comments were received from five commentators. The final PAG-02, 2012 amendment permit is available by contacting the Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, P. O. Box 8460, 3rd Floor, Harrisburg, PA 17105-8460, (717) 787-3411. The final PAG-02, 2012 amendment permit is also available on the Department’s web site. To access the General Permit and related documents, visit www. and select ”Permit and Authorization Packages,” ”Water Management,” ”NPDES (National Pollutant Discharge Elimination System),” ”Stormwater Construction Activities” and ”PAG-02.”

Questions about the final PAG-02 should be directed to Jennifer Orr, Chief, NPDES Construction Program at (717) 772-5961 or


[Pa.B. Doc. No. 12-2326. Filed for public inspection November 30, 2012, 9:00 a.m.]

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