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

1(P.L.1987, No.394), known as The Clean Streams Law, is amended
2by adding a subsection to read:

3Section 402. Potential Pollution.--* * *

4(c) (1) The use or installation of riparian buffers and<-
5riparian forest buffers may be used as a preferred choice or
6option among best management practices, design standards and
7alternatives to minimize the

8(c) (1) For persons proposing or conducting earth<- 
9disturbance activities when the activity requires a National 
10Pollutant Discharge Elimination System permit for storm water 
11discharge under 25 Pa. Code Ch. 102 (relating to erosion and 
12sediment control), the person may use or install either:

13(i) a riparian buffer or riparian forest buffer; or

14(ii) another option or options among available best
15management practices, design standards and alternatives that
16collectively are substantially equivalent to a riparian buffer
17or riparian forest buffer in effectiveness, to minimize the
18potential for accelerated erosion and sedimentation and to
19protect, maintain, reclaim and restore water quality and for
20existing and designated uses of a perennial or intermittent
21river, stream or creek or lake, pond or reservoir of this
22Commonwealth to ensure compliance with 25 Pa. Code Ch.93
23(relating to water quality standards).

24(2) Projects in A project located in a special protection<-
25watersheds that propose greater than one acre of watershed in a<-
26drainage list specified in 25 Pa Code § 93.9 (relating to
27designated water uses and water quality criteria) that proposes
28any earth disturbance within 100 feet of a surface water shall
29offset any reduction in the total square footage of the buffer
30zone that would have been utilized as a best management

1practice, with a replacement buffer elsewhere along special<-
2protection waters in the same drainage basin list and as close<-
3as feasible to the area of disturbance at a ratio of one-to-
4one. Any project incorporating such an alternative shall also
5include other best management practices to manage
6postconstruction stormwater to protect, maintain, reclaim and
7restore water quality and existing and designated uses of waters
8of this Commonwealth. Replacement planting costs shall be
9calculated using department guidance as specified in BMP 6.7.1:
10Riparian Buffer Restoration of the Pennsylvania Stormwater Best
11Management Practice Manual.

12Section 2. Any and all regulations are abrogated to the
13extent of any inconsistency with this act.

14Section 3. This act shall take effect in 60 days.