PADEP's Push to Substantially Revise the Chapter 102 Regulations
The PA Department of Environmental Protection is making a final push to substantially revise the Chapter 102 regulations relating to earthwork and stormwater management. The guidance manuals used to implement the rules are also undergoing significant revision. These regulatory revisions are game changers that will require the astute developer to reassess the process of determining the yield and value of land.
The revisions to Chapter 102 are in the final rulemaking stage. At its June 17, 2010 meeting, the Independent Regulatory Review Committee (IRRC) approved the final rulemaking package by a 4 to 1 vote. The package now moves to the legislature for final review but a rubber stamp approval is fully expected. Brickhouse was active in reviewing and commenting on the rule changes and shared the opinion of many that the revisions come at tremendous costs with unknown benefit. However, despite all efforts, the new rules will become effective 90 days after publication in the PA Bulletin, possibly by the end of 2010.
Brickhouse has shifted gears and we are in the process of training our staff to become fluent in complying with the new rules. We also plan to prepare and host a Webinar later this summer to educate our clients. Details and instruction for signing up for the Webinar will be posted on our website, and in future e-mail blasts.
In the interim, some of the highlights of the revised rules include:
On the bright side, the revised rules do attempt to provide some less restrictive requirements for Brownfield redevelopment sites by opening the door to waivers from the prescriptive buffer and infiltration requirements..
The Erosion and Sediment Control BMP Manual has also been expanded from 170 pages to over 500 pages. Public comment ended in December 2009, but the release of the revised Manual is on hold pending the approval of Chapter 102.
The 2006 Post-Construction Stormwater BMP Manual is under review by the newly formed PA Stormwater Technical Workgroup. The all-volunteer group includes a geologist and a soil scientist from Brickhouse Environmental. The group comprises those with a technical background involved in the implementation of the Manual. The group hopes to have suggested revisions to present to the PADEP by the end of 2010 or early 2011.
Brickhouse Environmental remains active in the review and implementation of stormwater management rules and is ready to assist at any stage of your development, from initial site evaluation to post-construction inspection and maintenance of Best Management Practices.
If you would like to learn more about Brickhouse Environmental, please visit our website at www.brickhouse-environmental.com, or call and speak to one of our experienced environmental professionals.
