PRINTER'S NO. 3975
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2387
Session of
2015
INTRODUCED BY ZIMMERMAN, MILLARD, SAYLOR, IRVIN, GREINER, FEE,
CUTLER, MALONEY, RADER, HARHART, WARD, B. MILLER, PICKETT,
CORBIN, ENGLISH, EVERETT, WATSON, M. K. KELLER, KAVULICH,
BLOOM, GROVE, OBERLANDER, HELM AND GILLEN, OCTOBER 3, 2016
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 3, 2016
AN ACT
Providing for an erosion and sediment control permit, for
compliance, for an annual report and for duties of the
Department of Environmental Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Erosion and
Sediment Control Permit Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administratively incomplete." Lacking required documents
and related information necessary for department review.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Licensed engineer." An engineer licensed under the act of
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May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
Surveyor and Geologist Registration Law.
Section 3. Permit requirements.
(a) General rule.--Except those projects subject to National
Pollution Discharge Elimination System requirements, a person
proposing an earth disturbance activity regulated by 25 Pa. Code
Ch. 102 (relating to erosion and sediment control) must submit
an application and obtain an erosion and sediment control permit
from the department in accordance with 25 Pa. Code Ch. 102 prior
to commencing the earth disturbance activity.
(b) Permit application.--
(1) A permit application submitted by a licensed
engineer must include the engineer's name, signature and
license number.
(2) A permit application submitted in accordance with
this act by a licensed engineer shall be approved by the
department within 20 days of receipt.
(c) Issuance of permit.--
(1) The department or a conservation district that has a
delegation agreement executed with the department to
administer and enforce all or a portion of the requirements
contained in 25 Pa. Code Ch. 102 shall issue a permit within
45 days of submission of a permit application unless the
permit application:
(i) is administratively incomplete; or
(ii) fails to comply with the provisions of 25 Pa.
Code Ch. 102.
(2) If a permit application required under this section
is denied, the applicant shall be notified in writing within
five days of denial of the permit application. The
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notification shall specify the reason why the permit
application has been denied.
(d) Compliance.--The department or a conservation district
authorized under subsection (c), may impose permit terms and
conditions necessary to assure compliance with laws administered
by the department.
Section 4. Annual report.
No later than January 31 of each year, the department shall
submit an annual report to the General Assembly. The report
shall contain the following:
(1) Number of permit applications received under this
act in the prior calendar year.
(2) Number of permit applications approved.
(3) Average time frame for review of permit
applications, organized by regional office of the department.
(4) Number of permit reviewers on staff in the
department and the average workload of each permit reviewer,
organized by regional office of the department.
(5) Reasons cited for administrative or technical
deficiencies or permit denials.
Section 5. Effective date.
This act shall take effect in 60 days.
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