Pennsylvania Stormwater Update

Navigating the PADEP’s New NPDES General Permit Requirements

Existing General Permits (GPs) are set to expire on December 7, 2024. To maintain coverage, renewal applications must be submitted to the appropriate County Conservation District before this deadline.

Last month, permittees should have been notified of the upcoming expiration by the County Conservation District.

It’s important to note that once a permit expires, it cannot be renewed administratively.

Here are key elements about the process that can help permittees streamline renewals, remain compliant, and strategize erosion control and post construction stormwater management designs moving forward.

Confirming GP Eligibility

To renew a project’s General Permit (GP), two conditions must be reviewed to confirm that the GP still applies:

• Has the receiving watershed’s classification changed to High Quality (HQ) or Exceptional Value (EV) since the original permit was issued?
• Does the project discharge into a wetland that has been reclassified as Exceptional Value (EV)?

If the answer to either question is yes, the project is no longer eligible for a GP, and an Individual Permit application will be required.

Bohler can assist in completing this evaluation for your projects.

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Clarifying New Terminology

Post Construction Stormwater Management facilities are now referred to as a Stormwater Control Measures (SCMs).  PCSM Best Management Practice or PCSM BMP is no longer used.

Meeting New Conditions

To remain compliant under the renewed permit, several new or updated conditions must be met. Below is a summary of these conditions.

Construction Dewatering Water

If the current Pump Water Filter Bag location is in a non-vegetated area, the team should attempt to relocate it to a vegetated and upland (non-wetland) location to promote infiltration.  If such an area is not available, then the discharged water must be treated in a series of two approved Best Management Practices (BMPs). These can include a pump water filter bag and a downslope row of compost filter sock.

This could result in added costs associated with providing the redundant control measures.

Residential Impervious Coverage

If the stormwater management design already includes either the maximum allowable impervious area, or at least 10% greater than the planned impervious area, the permittee would not be responsible for amending the approved PCSM Plan and PAG-02 coverage or documenting future changes on the record drawings.

If these allowances are not incorporated into the initial design, permit modifications will likely be needed for future improvements that create more impervious cover. Bohler’s team can provide an impervious analysis to help navigate this requirement.

Revised Visual Site Inspection Report

A revised version of the Visual Site Inspection Report (VSIR) should be used starting no later than December 8, 2024.

Inspections need to be conducted by a Qualified Site Inspector as outlined below:

• weekly;
• after rainfall events of at least 0.25 inch in a 24-hour period; and
• as a follow-up to deficiencies found.

The new 4-page form identifies specific elements to be checked and requires the signature of the qualified person completing the inspection.  The form can be completed by a licensed professional but is not required to be.

Monthly Color Photographs

Permittees must take date and time-stamped color photographs of E&S BMPs and PCSM SCMs every month and when deficiencies in BMPs and SCMs are identified. These photographs should be maintained with completed VSIRs.

Qualified Site Inspectors

Effective December 8, 2025, permittees may use only qualified site inspectors to complete the visual site inspections required by the PAG-02 General Permit. There are three options for an inspector to be considered qualified:

• They have completed the Qualified Site Inspector Training Program in DEP’s Clean Water Academy initially, and every 2 years thereafter,
• They hold active certification as a Certified Professional in Erosion and Sediment Control (CPESC) or as a Certified Erosion, Sediment, and Stormwater Inspector (CESSWI) from a recognized organization, or
• They can demonstrate to the satisfaction of DEP/CCD that they have qualifications equivalent to or exceeding those identified above.

Stormwater Control Measure (SCM) Construction Certification From

There is now a standard PCSM SCM Construction Certification Form. The form includes General Project and SCM Information. Construction information including photographs, deviations from the approved PCSM Plan, measurements to evaluate conformance of the SCMs and its components, and infiltration SCMs testing results are required.  Under certain circumstances, infiltration capacity testing will also be required.

A licensed professional must sign and date the Licensed Professional Certification section. Therefore, it is important to incorporate the licensed professional into milestone construction schedules to ensure enough information is available for completing the certification. This may lead to additional costs related to field observations and required documentation.

Annual Report

An annual report on the status of earth disturbance activities must be submitted by December 7th of each year to the DEP/CCD office that approved the general permit coverage. For existing permit holders, the first report is due by December 7, 2025.

Bohler can assist with the preparation of this report. Note that a licensed professional does not need to sign the form.

BMP and SCM repairs

Any reduction, loss, or failure of BMP or SCM will need to be addressed during construction as follows:

• Address immediately upon discovery if the reduction, loss, or failure of a BMP or SCM If the situation has resulted in or is likely to result in sediment or other pollutants flowing off the project site and/or discharging to surface waters.  Completion of the repair or replacement must occur within 24 hours.
• Address within 24 hours of discovery for all other situations when the failure is not likely to cause a pollution event. Completion of the repair or replacement of the BMP or SCM must occur within seven (7) days.

This is not a new requirement, but it now includes more specific time frames in which the repairs are to be completed.

New Property Owner Notification Form

Whenever a lot or parcel containing a PCSM SCM is sold during the term of General Permit coverage, the permittee must provide the new property owner with:

• Record drawings or other plans identifying the SCM;
• A long-term operation and maintenance (O&M) Plan for the SCM; and
•  A completed New Property Owner Notification form (3800 FM BCW00271i).

The permittee must submit copies of completed New Property Owner Notification forms to DEP/CCD and to the municipality where the SCM is located within 30 days of the date of transfer of the property.

This is a new requirement that will need to be included in all property transactions.

On-Site Soil and Groundwater Contamination

The DEP must be notified within 24 hours if:

• soil is found to contain material or substance concentrations that exceed the residential or non-residential MSCs (Medium-Specific Concentrations), or
• on-site soil or on-site groundwater is found to have concentrations exceeding PA water quality criteria.

This new requirement may lead to additional costs if laboratory testing is necessary. It could also impact both costs and schedules if any remedial actions are needed.

Confirmation Testing for Infiltration Stormwater Control Measures (SCMs)

Beginning December 8, 2025, the permittee must complete confirmation testing for infiltration capacity to verify that infiltration SCMs will perform as designed. Triggers for this testing include when:

• The area of an infiltration SCM has not been protected, or
• An E&S BMP will be converted to a PCSM SCM and used for infiltration.

Confirmation testing can be completed by 3 optional methods:

• Water is introduced into the basin to a depth of at least six inches to evaluate ponding or drawdown time;
• Inspection during and after a large storm event (i.e., where the ponding depth is at least six inches);
• Through infiltration testing

A licensed professional must confirm the testing results. If the results are unsatisfactory, the licensed professional will provide guidance on corrective actions. If these actions involve changes to the SCM, a permit amendment may be needed.

This requirement will likely increase costs due to the necessary field testing and will require advance scheduling to ensure testing is done before the relevant construction phase.

Co-Permittee Acknowledgement and Co-Permittee Liability Release Forms

Starting December 8, 2024, PAG-02 permittees will no longer need to complete and submit these forms to DEP/CCD for PAG-02 compliance. DEP/CCD will instead monitor operator co-permittees based on changes identified in VSIRs.

This change should result in cost savings, as the form submission will no longer be required.

What needs to be included in the renewal application?

Once it is confirmed that the General Permit (GP) is still applicable, a complete application must be submitted to the appropriate County Conservation District. The application should include the following items:

• Signed PADEP Renewal Notice of Intent (NOI) form
• Check in the amount of $500 for Administrative Filing Fee, made payable to respective County Conservation District Clean Water Fund
• Completed County Conservation District application form checked for “renewal”
• Separate check for County Conservation District Service fee may be required. Note that this varies from District to District.
• If the project name or ownership has changed since the original approval, a name change or permit transfer form may also be needed.

Moving Forward

Bohler’s design and consulting teams across Pennsylvania are available to provide guidance and to handle submission requirements related to obtaining a NOT or renewal for your existing NPDES General Permit.

Contact your local office

This is a fluid situation. We are actively monitoring the renewal process in an effort to empower Bohler’s clients to make well-informed, proactive decisions and stay ahead of potential nonconformities on their sites.