PRINTER'S NO. 1304
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1240
Session of
2021
INTRODUCED BY QUINN, ZIMMERMAN, ROZZI, WEBSTER, GUENST, MADDEN
AND KEEFER, APRIL 20, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 20, 2021
AN ACT
Amending the act of June 22, 1937 (P.L.1987, No.394), entitled
"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.--* * *
(c) (1) For persons proposing or conducting earth
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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
guidance as specified in BMP 6.7.1: Riparian Buffer Restoration
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of the Pennsylvania Stormwater Best Management Practice Manual.
(3) A project that 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.
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