DEP Issues Draft Stormwater General Permit; Invites Comments

News & Events

DEP Issues Draft Stormwater General Permit; Invites Comments

Alert Date: August 22, 2019

By: Martin R. Siegel
Related Practice Area: Real Estate
Related Industries: Construction and Environment & Energy

Real estate developers and construction professionals have until mid-September to supply the Pennsylvania Department of Environmental Protection with comments on a proposed permit for stormwater discharges.

September 16 is the deadline to comment on the DEP’s new draft NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02).

If approved, the new permit can be used by parties for projects involving 1 acre or more of earth disturbance. It can also be used for a project with an earth disturbance on any portion, part, or during any stage of a larger common plan of development or sale that involves 1 acre or more of earth disturbance.

According to a DEP public notice, the proposed changes from the existing general permit include:

  • An expiration date of the permit of December 7, 2024.
  • New requirements to ensure onsite personnel are trained and are aware of responsibilities under the general permit.
  • Prohibitions concerning discharge to impaired waters, with and without a total maximum daily load, would be revised to clarify the causes of impairment triggering additional measures.
  • New forms would be available for notifying municipalities and counties of construction projects to satisfy Pennsylvania law.

If a project is ineligible for coverage under the new proposal, a party will need to obtain an individual NPDES permit, which requires considerably more time and expense to prepare and for the DEP to review.

Comments on the draft PAG-02 General Permit can be submitted using the DEP's online eComment tool at or by email at

If you have any questions about the draft proposal or how it could affect your business, please contact me or anyone in the Barley Snyder Environment & Energy Practice Group.

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