Pennsylvania's Environmental Quality Board has adopted changes to 25 Pa. Code Chapter 102. The proposed regulations impose stringent post construction stormwater management requirements. One of the most significant requirements for the Post Construction Stormwater Management Plan (PCSMP) is a long term operation and maintenance plan which requires inspection and maintenance of PCSM BMPs in perpetuity. All PCSMP must be recorded in the Recorder of Deeds Office and will be a negative covenant which will "run with the land".
PCSMP are elevated to a level that their existence and maintenance will affect the "marketable title" to the real estate.
All parties responsible for long term operations and maintenance must be identified.
Additional items in the proposed regulations are as follows:
} 102.1 Definitions : ABACT = Antidegradation best available combination of technologies are required to manage the Rate, Volume and Quality of stormwater runoff
} 102.8 requires:
use of structural or nonstructural BMPs that prevent or minimize changes in stormwater runoff
PCSM BMPs will meet the volume reduction and water quality requirements in an applicable PADEP approved and current Act 167 watershed plan; or manage the net change for storms up to and including the 2yr/24 hour storm event when compared to the preconstruction runoff volume and quality; with the added criteria that sites with existing impervious surface, 20% of such existing impervious surface must be considered as if it were meadow in good condition
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