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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session


Posted: December 1, 2022 11:39 AM
From: Senator Gene Yaw
To: All Senate members
Subject: DEP / Third Party Permit Review
In the near future, I will be reintroducing legislation, SB 535 of the 2021-2022 session, establishing a mechanism for expedited review of permits (Third Party review) issued under 25 Pa. Code Chapter 102 and Chapter 105, covering both individual permits and general permits.

Chapter 102 requires persons proposing to conduct earth moving activities to implement and maintain best management practices in order to prevent erosion and sedimentation during construction, and to manage post construction stormwater. It also requires issuance of NPDES permits or Erosion and Sedimentation Permits for construction activities, and specifies the requirements for and content of permit applications. It authorizes certain general permits and describes when individual permits are required.

Chapter 105 issued under the Pennsylvania Dam Safety and Encroachments Act, among other laws, regulates dam safety and activities that obstruct or encroach into waters, floodways or other bodies of water, including wetlands. Permit requirements and criteria for these activities are established in this Chapter.

Under the proposal, the expedited review procedure for these programs would be entirely voluntary, and only those applicants specifically requesting the expedited procedure would be subject to the program. By requesting such expedited procedure, the applicant will be required to pay a separate application review fee directly to the consultant who is chosen by DEP to do the technical review of the application.

This process would reduce the amount of inbound requests DEP is required to handle, while also expediting the process for entities looking for permit approvals.

I hope you will join me in co-sponsoring this legislation.

Introduced as SB185