More rigid environmental regulations affect developers

The regulatory amendments were part of Gov. Ridge's executive order 1996-1 and DEP's Regulatory Basics Initiatives (RBI). Under these initiatives, regulations are evaluated for a number of factors including whether requirements are: more stringent than federal requirements unless required by state law or compelling state interest; impose economic costs disproportional to the environmental benefits; are prescriptive rather than performance-based; are obsolete or redundant; or lack clarity.

Permit requirements for earth disturbance activities were updated and clarified for consistency with existing Phase I federal National Pollution Discharge Elimination System (NPDES) permit requirements for storm water discharges associated with construction activities. However, on Nov. 1, 1999, the U.S. Environmental Protection Agency (EPA) as announced the more stringent Phase 11 storm water rule, further relegating storm water associated with earth disturbances. The new Phase II federal rule will likely require further regulatory amendments by DEP.

Chapter 102 Amendments

Under the Chapter 102 amendments, all earth disturbance activities are required to he performed using best management practices (BMPs) to minimize accelerated erosion and the potential for sediment pollution. Acceptable BMPs are contained in DEP's Erosion and Sediment Pollution Control manual. Alternative BMPs not found in the manual may be utilized as long as they provide at least the same level of protection of receiving waters.

Each disturbance activity of 5,000 square feet or more and earth disturbance activities in High Quality or Exceptional Value watersheds require the development and implementation of a written Erosion and Sediment Control Plan which must be available at the site of the activity.

Existing Phase I federal NPDES permitting requirements for stormwater discharges associated with construction activities are more clearly integrated into the Chapter 102 amendments.

Construction activities involving earth disturbances of five or more acres of land require either a general or individual NPDES permit for storm water discharge associated with construction. Individual NPDES permits are no longer required for construction involving 25 or more acres of disturbance.

Coverage under the federal NPDES permits is not required for earth disturbance activities associated with agricultural plowing and tilling, timber harvesting and road maintenance. However, these activities require the development of written plans and the implementation of BMPs.

Timber harvesting and road maintenance with 25 or more acres of disturbance must obtain a State Erosion and Sedimentation Control Permit. General NPDES permits are not available for use in High Quality or Exceptional Value Watersheds. Construction involving five or more acres of disturbance in these special protection watersheds must obtain an individual NPDES permit.

Federal Phase II - Storm Water Regulations

While DEP's Chapter 102 amendments address the existing federal Phase I storm water regulations, EPA, on Nov. 1, 1999, announced the more stringent Phase 11 storm water regulations under the federal Clean Water Act.

The federal Phase II rule would further regulate storm water discharges from construction activities. The Phase I rule regulates municipalities of 100,000 or more people and construction sites with five or more acres of disturbances.

Under the new Phase II rule, construction with one or more acres of disturbance will require an NPDES permit, and storm water from municipalities in urban areas with less than 100,000 people will be regulated. The new Phase II rule is one of the main components of the Clinton Administration's Clean Water Action Plan. Polluted storm water runoff has been identified as the leading remaining cause of water pollution today.

The EPA estimates that under the Phase II rule, sediment discharges from more than 97 percent of the land disturbed by construction will he controlled under a storm water permit.