In an attempt to control sediment pollution, DEP adopted strict rules and regulations concerning Erosion and Sedimentation Control in 1972. The rules and regulations, known as PA CODE TITLE 25 CHAPTER 102 EROSION CONTROLS states "This chapter requires persons proposing or conducting earth disturbance activities to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post construction stormwater.�

To this end, one of the District's primary focuses is the Erosion and Sedimentation Control (E&SC) Program. The emphasis of the overall program is the conservation of soil and water resources. The District administers the E&S program through a delegation agreement with the Department of Environmental Protection (DEP). Through the program, the District reviews and approves E&S control plans and NPDES Permits for earthmoving sites and provides technical assistance. Site Inspections are conducted to assure the plans are properly implemented, controls are installed, and sequences are followed. By doing this, the District strives to meet its goal of minimizing accelerated erosion and sediment pollution to the waters of the Commonwealth as a result of earthmoving activities.

Erosion is an ongoing process. It occurs naturally and is a dominant force in shaping the landscape. It has the potential to become problematic when man exposes bare soil as a result of agricultural practices, timbering or excavation. With a lack of vegetation to protect the soil beneath, wind and water can readily erode and transport soil into nearby waterways, clogging them with fine sediments known as silt, clay or colloids. Runoff from bare soil may also contain chemicals, heavy metals and other pollutants that may be washed into the waters of the Commonwealth. The goal of this program is to minimize erosion and the resulting pollution to the waters of the Commonwealth.

When is an Erosion and Sediment Control (E&SC) Plan needed?

As per the amended Chapter 102 Erosion and Sedimentation Control Regulations (November 2010), development of an erosion and sedimentation control plan is required for all earth disturbances of 5,000 square feet or greater, earth disturbances in High Quality or Exceptional Value watersheds or if other DEP permits require it. This would also include timber harvesting activities, which must submit a timber harvest plan.

Projects having less than 5,000 square feet of earth disturbance are still required to develop, implement and maintain erosion and sedimentation control best management practices (BMPs). They are only exempt from having a written plan. Additionally, persons proposing timber harvesting activities or road maintenance which disturb twenty-five (25) or more acres must apply for an Erosion and Sediment Control Permit.

Projects which disturb more than 1 acre, require a National Pollutant Discharge Elimination System (NPDES) permit for Stormwater Discharges Associated with Construction Activities. As part of this permit, an approved erosion control plan is required. Therefore, a plan must be submitted to our office for review. (Click on NPDES for additional information). Chapter �102.43 also states that a municipality or county may not issue a building or other permit or final approval to those proposing or conducting earth disturbance activities requiring a Department permit until the Department or a county conservation district has issued the E&S or individual NPDES Permit for storm water discharge associated with construction activities under �102.5.

For agricultural plowing or tilling activities or for animal heavy use areas, the following E&S control requirements apply: (1) The implementation and maintenance of E&S control BMPs are required to minimize the potential for accelerated erosion and sedimentation including those activities which disturb less than 5,000 sq. ft. (2) Written E&S plans are required for the following activities that disturb 5000 sq. ft. or more of land: agricultural plowing or tilling activities and animal heavy use areas.

Conservation Districts in Pennsylvania administer the State Erosion and Sediment Pollution Control Program through a delegation agreement with the Pennsylvania Department of Environmental Protection. There are three levels of involvement with this program:

• Level I - Education and Information
• Level II - Education and Information; Inspection and Voluntary Compliance
• Level III - Education and Information; Inspection and Enforcement

The Schuylkill County Conservation District is a Level II delegated District. The District strives to work with contractors to achieve voluntary compliance in the field. When this is not possible, the District will refer sites for enforcement proceedings to DEP.