AN ACT

 

1Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,
2as amended, "An act To preserve and improve the purity of the
3waters of the Commonwealth for the protection of public
4health, animal and aquatic life, and for industrial
5consumption, and recreation; empowering and directing the
6creation of indebtedness or the issuing of non-debt revenue
7bonds by political subdivisions to provide works to abate
8pollution; providing protection of water supply and water
9quality; providing for the jurisdiction of courts in the
10enforcement thereof; providing additional remedies for
11abating pollution of waters; imposing certain penalties;
12repealing certain acts; regulating discharges of sewage and
13industrial wastes; regulating the operation of mines and
14regulating the impact of mining upon water quality, supply
15and quantity; placing responsibilities upon landowners and
16land occupiers and to maintain primary jurisdiction over
17surface coal mining in Pennsylvania," further providing for
18potential pollution.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 402 of the act of June 22, 1937
22(P.L.1987, No.394), known as The Clean Streams Law, is amended

1by adding a subsection to read:

2Section 402. Potential Pollution.--* * *

<-3(c) The use or installation of riparian buffers and riparian

<-4(c) (1) The use or installation of riparian buffers and
5riparian forest buffers shall not be required under this
6section. Riparian buffers and riparian forest buffers may be
7used as a preferred choice <-or option among best management
8practices, design standards and alternatives to minimize the
9potential for accelerated erosion and sedimentation and to
10protect, maintain, reclaim and restore water quality and for
11existing and designated uses<-. of a perennial or intermittent
12river, stream or creek or lake, pond or reservoir of this
13Commonwealth to ensure compliance with 25 Pa. Code Ch.93
14(relating to water quality standards).

15(2) Projects in special protection watersheds that propose
16greater than one acre of earth disturbance within 100 feet of a
17surface water shall offset any reduction in the total square
18footage of the buffer zone that would have been utilized as a
19best management practice, with a replacement buffer elsewhere in
20the same drainage basin at a ratio of two-to-one for Zone 1 (1
21through 50 feet) and one-to-one for Zone 2 (50 through 100
22feet). Any project incorporating such an alternative shall also
23include other best management practices to manage
24postconstruction stormwater to protect, maintain, reclaim and
25restore water quality and existing and designated uses of waters
26of this Commonwealth. Replacement planting costs shall be
27calculated using department guidance as specified in BMP 6.7.1:
28Riparian Buffer Restoration of the Pennsylvania Stormwater Best
29Management Practice Manual.

30Section 2. Any and all regulations are abrogated to the

1extent of any inconsistency with this act.

2Section <-2 3. This act shall take effect in 60 days.