Erosion & Sediment Pollution Control State Regulations:

The York County Conservation District has been granted authority by DEP to review Erosion & Sediment Pollution Control (E&S) plans and to enforce the rules and regulations.

In an attempt to control sediment pollution, DEP adopted strict rules and regulations concerning Erosion and Sedimentation Control in 1972. The rules and regulations, known as PA CODE TITLE 25 CHAPTER 102 EROSION CONTROLS states:

 " 102.4. Erosion and sediment control requirements.

 (a)  For agricultural plowing or tilling activities, the following erosion and sediment control requirements apply:

   (1)  The implementation and maintenance of erosion and sediment control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including for those activities which disturb less than 5,000 square feet (464.5 square meters).

   (2)  Written Erosion and Sediment Control Plans are required for agricultural plowing or tilling activities that disturb 5,000 square feet (464.5 square meters) or more of land.

   (3)  The landowner, and any lessee, renter, tenant or other land occupier, conducting or planning to conduct agricultural plowing or tilling activities are jointly and individually responsible for developing a written Erosion and Sediment Control Plan and implementing and maintaining BMPs, including those identified in the Erosion and Sediment Control Plan.

   (4)  The Erosion and Sediment Control Plan shall be designed to minimize the potential for accelerated erosion and sedimentation from agricultural plowing or tilling activities.

   (5)  The Erosion and Sediment Control Plan shall contain plan maps, soils maps, the location of waters of this Commonwealth, drainage patterns and a description of BMPs including tillage systems, schedules, and cost effective and technically practical conservation measures.

   (6)  The Erosion and Sediment Control Plan shall be available for review and inspection at the project site during each stage of the agricultural plowing or tilling activity.

 (b)  For earth disturbance activities other than agricultural plowing or tilling, the following erosion and sediment control requirements apply:

   (1)  The implementation and maintenance of erosion and sediment control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including for those activities which disturb less than 5,000 square feet (464.5 square meters).

   (2)  A person proposing earth disturbance activities shall develop a written Erosion and Sediment Control Plan under this chapter if one or more of the following criteria apply:

     (i)   The earth disturbance activity will result in a total earth disturbance of 5,000 square feet (464.5 square meters) or more.

     (ii)   The person proposing the earth disturbance activities is required to develop an Erosion and Sediment Control Plan pursuant to this chapter under Department regulations other than those contained in this chapter.

     (iii)   The earth disturbance activity, because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water pursuant to Chapter 93 (relating to water quality standards)."

Failure to follow the rules and regulations of Chapter 102 and the PA CLEAN STREAMS LAW carries strict penalties ranging up to $10,000 dollars per day per violation.

Please remember the landowner is the responsible person for any violation that may occur on their property.

Any earth disturbance near a body of water or wetland may need a permit from DEP. For further information, please contact the District or DEP.

PA Code Online