Pennsylvania Construction Stormwater Permit (6-PA-b)
Construction Stormwater Permit Process
6-PA-b.1 to 6-PA-b.2 – Will the Project Disturb One or More Acres of Land?
A developer needs to obtain a Permit if the proposed project involves one or more acres of earth disturbance or are part of a larger common plan of development or sale that involves equal to or greater than one acre of earth disturbance. 25 Pa. Code §102.5.
6-PA-b.3 – Consult with Pennsylvania Natural Heritage Program
Before proposing a project to PADEP, the developer must consult with the Pennsylvania Natural Heritage Program (“PNHP”) regarding the presence of federal or state threatened or endangered species on the project site. More information on the consultation with PNHP can be found in the Notice of Intent for Coverage Under the General NPDES Permit Application Instructions.
6-PA-b.4 – Construction Stormwater General Permit Notice of Intent
The developer must submit a complete a Notice of Intent for Coverage Under the General NPDES Permit (“NOI”) to PADEP. The NOI must include:
- Proof that the developer has consulted with PNHP regarding the presence of federal or state threatened or endangered species on the project site;
- An Erosion and Sediments (E&S) Control Plan;
- A Post-Construction Stormwater Management (PCSM) Plan; and
- Other information PADEP may require.
The developer must also submit a fee along with the NOI. The fee consists of a $500 administrative filing fee as well as another $100 fee for each acre that will be disturbed by the project. 25 Pa. Code §102.6(b)(1); Notice of Intent for Coverage Under the General NPDES Permit Application Instructions; NPDES General Permit Fact Sheet.
The developer must submit a complete NOI to PADEP or a conservation district before the proposed construction takes place. Notice of Intent for Coverage Under the General NPDES Permit Application Instructions.
6-PA-b.5 to 6-PA-b.6 – Review Application Materials for Completeness
After receiving an Application, PADEP reviews the NOI for completeness. An NOI is not complete until the developer has provided all the necessary information and requirements under The Clean Streams Law. If the Application is not complete, PADEP notifies the developer in writing. After receiving the written notification of deficiencies, the developer has 60 days to provide PADEP with the missing information, otherwise the developer is deemed to have withdrawn the NOI. 25 Pa. Code §102.6(c); Notice of Intent for Coverage Under the General NPDES Permit Application Instructions.
6-PA-b.7 to 6-PA-b.8 – Review Application for Approval
After determining the NOI is complete, PADEP reviews the Application and proposed project for approval.
If PNHP data shows the project may adversely impact federal or state threatened or endangered species or critical habitat, PADEP consults with the developer about avoiding or preventing the impact. If the impact cannot be avoided, the developer must show PADEP how the impact will be minimized in accordance with state and federal laws pertaining to the protection of threatened or endangered flora and fauna and their habitat. 25 Pa. Code §102.6(a)(2).
6-PA-b.9 – Construction Stormwater General Permit
If the developer successfully completes the NOI, and the project qualifies for a Permit, a Permit is issued to the developer. 25 Pa. Code §102.5(m)(2). The developer must comply with all terms of the Permit as well as other applicable laws. PADEP may revoke, suspend or terminate the Permit if the developer fails to comply with The Clean Streams Law. 25 Pa. Code §102.5(m).
6-PA-b.10 – Notice of Termination
Upon the permanent stabilization of the project ground and installation of best management practices in accordance with the approved plan, the developer must submit a Notice of Termination (“NOT”) to PADEP. The NOT includes:
- The facility name, address and location;
- The operator name and address;
- The Permit number;
- The reason for Permit termination;
- Identification of the persons who are responsible for the long-term operation and maintenance of the Post-Construction Stormwater Management Plan; and
- Proof of compliance with 25 Pa. Code §102.8(m)(2).
PADEP or the delegated conservation District conducts a final inspection and approves or denies the notice of termination within 30 days of receipt of a complete notice of termination. Once written approval of the NOT is received, the developer is released from its obligations under the Permit. 25 Pa. Code §102.7(c).
6-PA-b.11 – Appeal Decision (Optional)
Any person aggrieved by a PADEP decision may appeal the decision to the Pennsylvania Environmental Hearing Board pursuant to 25 Pa. Code § 1021. The appeal must be filed with the Pennsylvania Environmental Hearing Board within 30 days of the publication of the final action in the Pennsylvania Bulletin. 25 Pa. Code §102.32(c).
Note: If the developer is attempting to obtain a Permit from a conservation district, appeals are conducted as an informal hearing before PADEP. The appeal request to PADEP must be made within thirty (30) days of the conservation district’s decision. 25 Pa. Code §102.32(c).
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- Clean Water Act
- National Pollutant Discharge Elimination System
- Pennsylvania – 25 Pa. Code §§ 92a et seq., National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance
- Pennsylvania – 25 Pa. Code §§ 102 et seq., Erosion and Sediment Control
- Pennsylvania – 35 Penn. Cons. Stat. §§ 691.1–691.1001, The Clean Streams Law
- Pennsylvania – 25 Pa. Code §§ 1021 et seq., Practice and Procedure
- Pennsylvania – Department of Environmental Protection - Construction Stormwater General Permit
- Pennsylvania – Department of Environmental Protection – Notice of Intent for Coverage Under the General NPDES Permit
- Pennsylvania – Department of Environmental Protection – Notice of Intent for Coverage Under the General NPDES Permit Application Instructions
- Pennsylvania – Department of Environmental Protection – NPDES General Permit Fact Sheet
- Pennsylvania – Department of Environmental Protection – NPDES General Permit Overview
- Pennsylvania – Department of Environmental Protection - Notice of Termination
- Pennsylvania Bulletin
Pennsylvania Department of Environmental Protection DEP
Construction Storm Water Permit Contact 717-787-8184 Visit Website