Chapter 102 / NPDES
What is erosion?
Erosion is a natural process by which the surface of the land is worn away by water, wind, or chemical action. Accelerated erosion is the removal of soil through the combined action of human activities and natural processes at a rate greater than would occur naturally.
What is Chapter 102?
Under a delegation agreement with the Pennsylvania Department of Environmental Protection, MCCD reviews Erosion & Sediment (E&S) Control Plans and inspects sites for Chapter 102 compliance. For full guidelines, see the Pennsylvania Code, Title 25 — Chapter 102.
What is an Erosion & Sediment Control (E&S) Plan?
An E&S Plan meeting Chapter 102 must be designed, implemented, and available on site for all earth disturbance > 5,000 sq. ft. Any construction disturbing > 1 acre requires an NPDES permit.
What is NPDES?
The National Pollutant Discharge Elimination System under Section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342), including state/interstate programs approved by the U.S. Environmental Protection Agency.
Do I need to submit for an E&S review or NPDES permit?
| Disturbed Area | Written E&S Plan | E&S Plan Review for Adequacy | NPDES Permit | Written PCSM Plan |
|---|---|---|---|---|
| 0–5,000 sq. ft. | Not required unless in HQ/EV watershed or condition of another state permit. | As required by local/municipal permits. | No | Follow municipal requirements. |
| 5,000 sq. ft. to < 1 acre | Yes | As required by local/municipal permits. | No | Follow municipal requirements. |
| 1 to < 5 acres | Yes | Required | Yes | Yes** |
| 5 acres or greater | Yes | Required | Yes | Yes** |
* An E&S review may still be required by municipal ordinances, County requirements, or other DEP/Army Corps permits (e.g., Chapter 105, Joint Permit, or GPs).
** PCSM plans for General NPDES: completeness review by the Conservation District. Individual NPDES: reviewed by the DEP regional office.
What are Surface Waters of the Commonwealth?
Defined by Chapter 92, Section 92.1 as perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries, excluding waters at facilities approved for wastewater treatment.
What is a Water of the Commonwealth?
Defined in Chapter 102, Section 102.1 as rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs, wetlands, and other conveyances of surface water—natural or artificial—within or on the boundaries of the Commonwealth.
What is a PCSM Plan?
A site-specific Post-Construction Stormwater Management plan identifying BMPs to manage runoff after construction, protect designated uses, maximize volume reduction, minimize point discharges, preserve channels, and protect receiving waters. Include a narrative, calculations/measurements, and justifications for each BMP.
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July 16, 2025 — District Application updates
Updated MCCD Review Application.
Electronic submissions requirement: guidelines (PDF).
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