More Delays Forthcoming With NPDES Permits

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The NPDES general permit for stormwater discharges associated with construction activities will expire on December 7, 2017. DEP has announced that the general permit will be administratively extended until December 7, 2018. This administrative extension will continue the terms and conditions of any open statewide general permit for a specific period of time following expiration of the general permit program; however, the only option for obtaining NPDES permit coverage from December 8, 2017, until a reissued PAG – 02 is published, is to obtain an individual NPDES permit. We understand that the following procedures will apply until the PADEP reissues the statewide general permit program:

  • Check the box for “individual” on the NOI and include a note explaining that this would typically be a General NPDES Permit except for the deadline issue.
  • The project will be posted in the bulletin and be subject to the 30-day comment period.
  • The permit number will be a “PAD” instead of a “PAC”.
  • Everything else should remain the same – same General NPDES Permit fees, same General NPDES Permit review process (meaning the review will not be kicked to PADEP, but will still be done by the conservation district), same General NPDES Permit design requirements, etc.

This procedure will apply to any and all projects in Pennsylvania until the statewide general permit is reissued. Bottom line: Same process, but likely more delays. More to follow.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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