A00745
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
414
Session of
2019
INTRODUCED BY ZIMMERMAN, GREINER, RYAN, BARRAR, OBERLANDER,
McNEILL, IRVIN, MILLARD, PICKETT, M. K. KELLER, HILL-EVANS,
BENNINGHOFF, KEEFER, B. MILLER, HERSHEY, ROTHMAN, MALONEY,
TOOHIL, GLEIM, RADER, FRITZ AND GAYDOS, FEBRUARY 6, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 6, 2019
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.
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) shall 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.
Section 4. Issuance of permit.
(a) Issuance.--The department or a conservation district
which 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 ([related] relating to erosion
and sediment control) shall issue a permit within 45 days of
submission of a permit application unless the permit
application:
(1) is administratively incomplete; or
(2) fails to comply with the provisions of 25 Pa. Code
Ch. 102.
(b) Approval.--Any permit application submitted in
accordance with this act by an engineer licensed under the act
of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
Surveyor and Geologist Registration Law, shall be approved
within 20 days of receipt. An application shall include the
name, signature and license number of the engineer.
(c) Notification of denial.--If a permit application
required under this section is denied, the department shall
notify the applicant in writing within five days of the denial
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of the permit application. The notification shall specify the
reason for the denial of the permit application.
Section 5. Compliance with laws of this Commonwealth.
The department, or a conservation district authorized under
section 4, may impose permit terms and conditions necessary to
assure compliance with laws administered by the department.
Section 6. Annual report.
No later than January 31 of each year, the department shall
submit an annual report to the General Assembly. At a minimum,
the report shall contain the following:
(1) Number of permit applications, broken down by
industry sector, received under this act in the prior
calendar year.
(2) Number of permit applications, broken down by
industry sector, approved.
(3) Average time frame for review of applications,
organized by regional office of the department.
(4) Number of permit reviewers on staff in the
department, including the number and names of licensed
engineers, 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.
(6) Total revenue of permit application fees collected
under 25 Pa. Code Ch. 102 (relating to erosion and sediment
control) and broken down by industry sector.
Section 7. Effective date.
This act shall take effect in 60 days.
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