PRINTER'S NO. 863
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
784
Session of
2017
INTRODUCED BY SANTORA, DUSH, ZIMMERMAN, MURT, HAHN, B. MILLER,
RADER, IRVIN, EVERETT, GREINER, GABLER AND STAATS,
MARCH 10, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 10, 2017
AN ACT
Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,
as amended, "An act to preserve and improve the purity of the
waters of the Commonwealth for the protection of public
health, animal and aquatic life, and for industrial
consumption, and recreation; empowering and directing the
creation of indebtedness or the issuing of non-debt revenue
bonds by political subdivisions to provide works to abate
pollution; providing protection of water supply and water
quality; providing for the jurisdiction of courts in the
enforcement thereof; providing additional remedies for
abating pollution of waters; imposing certain penalties;
repealing certain acts; regulating discharges of sewage and
industrial wastes; regulating the operation of mines and
regulating the impact of mining upon water quality, supply
and quantity; placing responsibilities upon landowners and
land occupiers and to maintain primary jurisdiction over
surface coal mining in Pennsylvania," in other pollutions and
potential pollution, further providing for potential
pollution.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402(c) of the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law, is amended
to read:
Section 402. Potential Pollution.--* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(c) (1) For persons proposing or conducting earth
disturbance activities when the activity requires a National
Pollutant Discharge Elimination System permit for storm water
discharge under 25 Pa. Code Ch. 102 (relating to erosion and
sediment control), the person may use or install either:
(i) a riparian buffer or riparian forest buffer; or
(ii) another option or options among available best
management practices, design standards and alternatives that
collectively are substantially equivalent to a riparian buffer
or riparian forest buffer in effectiveness, to minimize the
potential for accelerated erosion and sedimentation and to
protect, maintain, reclaim and restore water quality and for
existing and designated uses of a perennial or intermittent
river, stream or creek or lake, pond or reservoir of this
Commonwealth to ensure compliance with 25 Pa. Code Ch. 93
(relating to water quality standards).
(2) A project located in a special protection watershed in a
drainage list specified in 25 Pa. Code § 93.9 (relating to
designated water uses and water quality criteria) that proposes
any earth disturbance within 100 feet of a surface water shall
offset any reduction in the total square footage of the buffer
zone that would have been utilized as a best management
practice, with a replacement buffer elsewhere along special
protection waters in the same drainage list and as close as
feasible to the area of disturbance at a ratio of one-to-one.
Any project incorporating such an alternative shall also include
other best management practices to manage postconstruction storm
water to protect, maintain, reclaim and restore water quality
and existing and designated uses of waters of this Commonwealth.
Replacement planting costs shall be calculated using department
20170HB0784PN0863 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
guidance as specified in BMP 6.7.1: Riparian Buffer Restoration
of the Pennsylvania Stormwater Best Management Practice Manual.
(3) A project which is eligible for an exception or waiver
under 25 Pa. Code § 102.14(d)(1) or (2) (relating to riparian
buffer requirements) or allowable within riparian buffers under
25 Pa. Code § 102.14(f)(2) or (3) shall be exempt from the
requirements under paragraphs (1) and (2).
(4) Paragraphs (1) and (2) shall be construed to provide
alternatives to using riparian buffers and riparian forest
buffers that are in addition to those specified under 25 Pa.
Code Ch. 102.
Section 2. This act shall take effect in 60 days.
20170HB0784PN0863 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12