PA DEP recently appeared in front of the Environmental Hearing Board in defense of an Individual NPDES permit that was issued to Alpine Rose Resorts, Inc. in a High Quality watershed. In the case, Blue Mountain Preservation Association, Inc. argued that DEP did not follow the Antidegradation requirements set out in 25 Pa. Code Chapter 93.4a-d. The judge ruled that specific and particular analyses are required to be undertaken as part of the antidegradation regulation compliance. Read the entire adjudication here.

Three conclusions were reached in the case, stated as follows:

1. Nondischarge alternatives must be considered for a permit granting a new additional or increased discharge to High Quality or Exceptional Value streams. The narrative must specifically say that nondischarge alternatives were considered and a complete analysis must be provided to support the conclusions. Nondischarge alternatives include infiltration, green roofs, moving the project site, etc  More then one nondischarge alternative must be considered. This applies to both the E&S and PCSM portions of the project. 25 Pa. Code § 93.4c(b)(1)(i)(A)
2. Nondischarge alternatives to the proposed discharge must be evaluated and an alternative must be chosen that is environmentally sound and cost-effective when compared with the cost of the proposed discharge. For example, if the proposed project is building on Karst topography and infiltration is not environmentally sound from the test results received, nondischarge alternatives are not an option. 25 Pa. Code § 93.4c(b)(1)(i)(A)
3. In the event that a nondischarge alternative is demonstrated to be not environmentally sound or cost effective, the new, additional, or increased discharge shall be subject to the best available combination of cost effective treatment, land disposal, pollution prevention and wastewater reuse technologies (Antidegradation Best Available Control Technologies or ABACT.) 25 Pa. Code § 93.4c(b)(1)(i)(A)

PA DEP is developing a module that will accompany all Individual NPDES permit applications. Considerations for proposed projects involving Individual Permits should begin early in the planning process. Further information will follow and any questions should be directed to the project's regional PA DEP office.

View the portion of Chapter 93 that addresses this issue here.  Special thanks to Bryon Ruhl, E&SC Specialist, Berks County Conservation District  for passing along the information.

F. X. Browne, Inc. can help prepare NPDES permits, Chapter 105 permits, E&S plans, socio-economic justification reports, planning modules, Act 537 Plans, and other private and municipal planning documents. For more information, please contact us at info@fxbrowne.com.