NPDES Program
State law requires that an Erosion and Sediment Pollution Control (E&SPC) plan be developed for all projects involving earth disturbance, regardless
of size (PA Clean Streams Law, Chapter 102). Projects which impact high quality or exceptional value streams as
defined by regulations promulgated under the National Pollutant Discharge Elimination System (NPDES) requirements need special care and
have enhanced permit conditions. In either situation, E&SPC plan preparers should allow at least 90 days for review of project plans and associated documents. Requirements vary depending on the nature and scope of the earth disturbance
| E&SPC Plan Review Application ACCD Application |
Site Location on USGS Topo Map Provide Quadrangle name | Completeness Review Checklist with Page Number Column filled out |
| Complete E&SPC Plan Narrative | Plan Drawings |
Complete PCSM Plan Narrative | Plan Drawings |
Complete NOI 1 Original | 2 Copies |
| PHMC Coordination Letter Individual Permits (10+ acres) |
General Information Form Individual Permits Only |
Appendix A Land Use Questions |
| Municipal + County Notifications Proof of Receipts (Acts 14, 67, 68, 127) PNDI Review Receipt | PNDI Website Applicable Checks |
More About Checks |
General NPDES
ACCD Issued:
Reviewed under the terms of delegation agreements with PADEP. In most cases, a
General NPDES Permit is required before the start of construction.
Individual NPDES
PADEP Issued:
When a high quality or exceptional value stream is located within the project area, an Individual NPDES Permit is required.
General NPDES + Individual NPDES Review Fees
Both Individual and General NPDES submissions follow the same fee schedule
| Total Project Acreage | Regular Fees | Expedited Fees regular fee + |
|---|---|---|
| 0.0 – 2 | $700.00 | $1,400.00 |
| 2.1 – 4 | $1,300.00 | $2,600.00 |
| 4.1 – 10 | $2,400.00 | $4,800.00 |
| 10.1 – 25 | $4,300.00 | $8,600.00 |
| 25.1 – 40 | $5,400.00 | $10,800.00 |
| 40.1 – 55 | $6,800.00 | $13,600.00 |
| 55.1 – 70 | $7,400.00 | $14,800.00 |
| 70.1 & Over | $7,400.00 +$100.00 per additional acre |
$14,800.00 +$200.00 per additional acre |
| Total Project Acreage | Regular Fees | Expedited Fees (regular fee +) |
|---|---|---|
| 0 – 1.99 | $700.00 | $1,400.00 |
| 2 – 4.99 | $1,600.00 | $3,200.00 |
| 5 – 9.99 | $2,900.00 | $5,800.00 |
| 10 – 24.99 | $5,200.00 | $10,400.00 |
| 25 – 39.99 | $6,500.00 | $13,000.00 |
| 40 – 54.99 | $8,200.00 | $16,400.00 |
| 55 – 69.99 | $8,900.00 | $17,800.00 |
| 70 & Over | $8,900.00 +$150.00 per additional acre |
$17,800.00 +$250.00 per additional acre |
Clean Water Fund (CWF) Fees
Each NPDES plan review application must also include a payment to ACCD's Clean Water Fund and to the Commonwealth of PA's Clean Water Fund
| General NPDES | Individual NPDES | |
|---|---|---|
| ACCD 102 CWF FEE | $500.00 | $1,500.00 |
| PA CWF FEE | $100.00 per acre* | $100.00 per arce* |
*Rounded to the nearest acre - required for both General and Individual NPDES Permits.
Preparing Checks for Payment
Below are listed the check combinations required in order for ACCD to accept a plan submission
Payable: ACCD
Payable: ACCD CWF
Payable: Commonwealth of PA
Payable: ACCD
EXAMPLE A
CHECK ONE: Plan Review Fee: $4,300 CHECK TWO: ACCD 102 CWF Fee: $500 CHECK THREE: PA CWF: $1,200 Expedited Review Fee: N/A
12 Acres | General NPDES | Standard Review
EXAMPLE B
CHECK ONE: Plan Review Fee: $2,900 CHECK TWO: ACCD 102 CWF Fee: $1,500 CHECK THREE: PA CWF: $600 CHECK FOUR: Expedited Review Fee: $5,800
6 Acres | Individual NPDES | Expedited Review
Non-NPDES Program
Non-NPDES plan reviews are typically reserved for projects where less than one acre of land is being disturbed. If your project is disturbing more than one acre of land, it's likely that a NPDES permit will be required.
- An Erosion and Sediment Pollution Control Plan
- A project narrative describing in detail how the proposed controls will reduce stream pollution and runoff of sediment-laden water from the project site
- A post-construction stormwater management plan prepared in accordance with Act 167 of 1978 (the Stormwater Management and Control Act)
- Applicable separate checks
Non-NPDES Review Fees
Clean Water Fund (CWF) fees do not apply to the Non-NPDES Program
| Total Disturbed Acreage | Regular Fees | Expedited Fees (regular fee +) |
|---|---|---|
| 00.0 – 0.99 | $700.00 | $1,400.00 |
Preparing Checks for Payment
Only checks for the Plan Review Fee and the Expedited Review Fee apply to the Non-NPDES Program
Payable: ACCD
Payable: ACCD
Chapter 105 Permit Program
Recently delegate by the Pennsylvania Department of Environmental Protection, ACCD reviews and issues multiple General Permits associated with the Chapter 105 Program. Carefully review the definitions, conditions, and requirements of the particular Chapter 105 General Permit to determine if the proposed project can qualify for authorization by ACCD.
- One original permit application package
- One copy of the permit registration package, including pertinent attachments
- Note: to ensure prompt application processing and review, ensure all information required in sections A – H is completely and accurately provided
- For non-exempt entities, submit applicable separate checks
All Chapter 105 General Permits will require a reviewed and approved E&S plan. If the Chapter 105 General Permit is associated with a Chapter 102 permit, include the appropriate erosion control measures within the narrative and drawings for the following instances:
- Activities affecting streams
- 100 year floodways
- Wetlands
Chapter 105 Permit Review + ACCD's Clean Water Fund (CWF)
For this program, permit reviews are included with the ACCD Clean Water Fund Fee
| Total Project Acreage | Regular Fees | Expedited Fees (regular fee +) |
|---|---|---|
| 00.0 – 0.49 | $200.00 | $400.00 |
| 00.5 – 0.99 | $400.00 | $800.00 |
Preparing Checks for Payment
Only checks for the ACCD Clean Water Fund and the Expedited Review Fee apply to the Chapter 105 Program
Payable: ACCD CWF
Payable: ACCD
Timber Harvest Program Fees
| Total Disturbed Acreage | Regular Fees | Expedited Fees regular fee + |
|---|---|---|
| 0 – 24.99 | $300.00 | $600.00 |
| 25 – 49.99 | $900.00 | $1,800.00 |
| 50 – 249.99 | $1,200.00 | $2,400.00 |
| 250 & Over | $1,200.00 +$10 per additional acre |
$2,400.00 +$20 per additional acre |
| Total Disturbed Acreage | Regular Fees | Expedited Fees regular fee + |
|---|---|---|
| 0 – 24.99 | $400.00 | $800.00 |
| 25 – 49.99 | $1,100.00 | $2,200.00 |
| 50 – 249.99 | $1,500.00 | $3,000.00 |
| 250 & Over | $1,500.00 +$25 per additional acre |
$3,000.00 +$50 per additional acre |
Where total disturbed acreage equals or exceeds 25.0 acres, a NPDES General or Individual Permit is required.
Preparing Checks for Payment
Only checks for the Plan Review Fee and the Expedited Review Fee apply to the Timber Harvest
Payable: ACCD
Payable: ACCD
Major Modification Plan Reviews
Why a Major Modification?
An application for a major modification of an existing permit is required if the modification results in one of the following:
- Increase in the number of disturbed acres
- Addition of area outside the original permit boundaries
- Addition of or change to a receiving surface water
- Addition of a point source discharge.
Requirements for Submission
An application for a major modification includes:
- A complete permit application, including NOI, drawings, narrative, etc.
- $500 permit fee (general permit) or $1500 permit fee (individual permit) made out to the ACCD Clean Water Fund
- A check for the review fee (see the Review Fee Schedule) based on the additional acreage to be disturbed under the modification.
- In the event of no change in acreage, the fee for 0-2 acres is assessed.
- A check payable to the Commonwealth of Pennsylvania Clean Water Fund in the amount of $100 per each acre that will be newly disturbed under the modification (rounded to the nearest whole acre).
For NPDES plans submitted prior to 11/19/2010
If the original permit application was submitted prior to November 19, 2010 (when the fee went into effect), then an additional disturbed acreage fee of $100/acre (rounded to the nearest whole acre) must be paid. The disturbed acreage fee is then based on the number of acres that are not permanently stabilized at the time of permit modification and the acres that will be disturbed in the future. Any acres where work has been completed and stabilized should be subtracted from the total number of disturbed acres for the project.
- For example, a 50.7 acre project submitted on or after November 19, 2010 would have paid a disturbed acreage fee of $5,100 with the initial submission. A major modification that expands the permitted area by 5 acres would result in a $500 disturbed acreage fee.
- By second example, an initial permit application submission for 50.7 acres was made before November 19, 2010. The permitted area would expand by 5 acres under the major modification. 10 acres are now complete and stabilized. No disturbed acreage fee was paid at the time of submission, so a disturbed acreage fee must be paid at the time of permit modification. The fee is based on the number of acres that are currently disturbed and not permanently stabilized. Any acres where work is now complete and stabilized can be subtracted from the amount of disturbed acres for the project. A fee is also assessed on each new acre that will be disturbed under the permit modification. So, as 10 acres of the project are complete, the fee would be $4,100 (for 50.7 minus 10 acres or 40.7 acres) PLUS $500 for the expanded area ($100 times 5 new acres).
- By third example, an initial permit application submission for 10 acres was made and a permit granted. A new point source discharge was added to the project, but no change in acreage resulted. No fee is due to the Commonwealth of Pennsylvania Clean Water Fund.
Minor Modification Plan Reviews
Changes to an approved, active plan within the total disturbed area of the project which includes adjustments to best management practices and the addition or deletion of best management practices. A proposed new earth disturbance that expands or increase the total disturbed area of the project within the original project boundaries as long as the existing planned or implemented best management practices are adequate to minimize accelerated erosion and sedimentation from the planned disturbance.
An application for a minor modification includes the documents or calculations that are being modified, such as the Notice of Intent, stormwater calculations and worksheets, drawings, the post-construction stormwater management plan, etc.
Minor Modification Fees
- The application for a minor modification plan review must include a $500 review fee.
NPDES Renewals
PA Code - Section 102.8(a) indicates the following:
After November 19, 2010, a person conducting earth disturbance activities under a permit issued before November 19, 2010, and renewed prior to January 1, 2013, shall implement, operate and maintain the PCSM requirements in accordance with the terms and conditions of the existing permit. After January 1,2013, the renewal of a permit issued before November 19, 2010, requires that a PCSM Plan be developed, implemented, operated, and maintained in accordance with section 102.8.
Permit Renewal Requirements
An application for a permit renewal should be submitted 180 days before the expiration date on the active permit. A permit renewal application package includes:
- Notice of Intent (NOI) original plus two copies Completeness Review Checklist: Complete only the “General” section on the first page Check the “included” block on page 19 in the “Checklist for NPDES Permit Renewals” section PNDI results that are less than one year old $500 permit fee (general permit) or $1500 permit fee (individual permit) made out to the ACCD Clean Water Fund
- A check payable to the Commonwealth of Pennsylvania Clean Water Fund in the amount of $100 per each disturbed acre (rounded to the nearest whole acre). If the original permit application was submitted prior to November 19, 2010 (when the fee went into effect), then an additional disturbed acreage fee of $100/acre (rounded to the nearest whole acre) must be paid. The disturbed acreage fee is based on the number of acres that are not permanently stabilized at the time of permit renewal and the acres that will be disturbed in the future. Any acres where work has been completed and stabilized should be subtracted from the total number of disturbed acres for the project.
- For example, a 50.7 acre project submitted on or after November 19, 2010 would have paid a disturbed acreage fee of $5,100 with the initial submission and would pay no disturbed acreage fee at the time of permit renewal.
- By second example, an initial permit application submission for 50.7 acres was made before November 19, 2010. 10 acres are now complete and stabilized. No disturbed acreage fee was paid at the time of submission, so a disturbed acreage fee must be paid at the time of permit renewal. The fee is based on the number of acres that are currently disturbed and not permanently stabilized. Any acres where work is now complete and stabilized can be subtracted from the amount of disturbed acres for the project. So, as 10 acres of the project are complete, the fee would be $4,100 (for 50.7 minus 10 acres or 40.7 acres).
Permit Renewal Fees
| Permit Type | Regular Fees | Expedited Fees (regular fee +) |
|---|---|---|
| NPDES | $200.00 | $400.00 |
Clean Water Fund Payments
Each NPDES Permit Renewal application must also include the following Clean Water Fund payments:
- ACCD – Clean Water Fund
- $500.00 per General NPDES Permit
- $1500.00 per Individual NPDES Permit
- Commonwealth of Pennsylvania Clean Water Fund
- $100.00 fee per each disturbed acre (rounded to the nearest acre) is also required for both General and Individual NPDES Permits
Returns and Refunds
Returned Checks:
- A $20.00 fee will be assessed for each returned check
Review Fee Refunds:
- Permit fees and disturbed acreage fees are not refundable
- Allegheny County Conservation District review fees are not refundable except in the event of an early permit application withdrawal
- If a permit application is withdrawn prior to the review process starting, then the review fee is refunded minus a $100 administrative fee
- Once the review process is started, no fees are refunded