Who needs an E&S Plan in Pennsylvania?
Any construction project that disturbs one acre or more — or is part of a larger common plan of development reaching one acre — needs an E&S Plan under Pennsylvania permit PAG-02.
Pennsylvania runs its own delegated stormwater program. Operators obtain coverage from Pennsylvania Department of Environmental Protection (DEP), Bureau of Clean Water under PAG-02 NPDES General Permit for Discharges of Stormwater Associated with Construction Activities (PAG-02), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.
Pennsylvania adds requirements worth flagging early: Approved Chapter 102 Erosion and Sediment Control (E&S) Plan meeting 25 Pa. Code § 102.4(b) and Post-Construction Stormwater Management (PCSM) Plan meeting § 102.8, implemented at all times (Part C V–VI); NOI package submitted to the County Conservation District (or DEP regional office) at least 60 days before the planned start; no discharge until written approval of coverage (NOI Requirements; Authorization conditions 1–2); Record a legal instrument disclosing planned PCSM SCMs with the Recorder of Deeds before the pre-construction meeting (Part C II); Pre-construction meeting with at least seven days’ notice to invitees, unless waived in writing (Part C III); Notify DEP/CCD at least three days before bulk earth disturbance once perimeter sediment controls are installed (Part C IV); Preparedness, Prevention, and Contingency (PPC) Plan when polluting materials are on site (Part A I.B.4.c; Part C VIII); Annual Report to DEP/CCD by December 7 for the October–September period (Part A III.D.1); Discharges to HQ or EV waters, and to waters impaired for sediment or nutrients without a non-discharge alternative or ABACT BMPs, are not eligible (Discharges Not Authorized, items 9, 14, 15).
What the plan must contain
A Pennsylvania E&S Planis the site's compliance binder — the document an inspector opens first. It documents:
- 1Site & project descriptionTotal and disturbed acreage, soils, slopes, and the sequence of construction.
- 2Receiving waters & discharge pointsWhere stormwater leaves the site and the waterbodies it reaches.
- 3Erosion & sediment control BMPsSilt fence, stabilized entrances, inlet protection, and stabilization measures.
- 4Inspection schedule & recordsDated, signed inspection logs and the corrective actions taken.
- 5Operator certificationThe E&S Plan is signed by the legally responsible party before work begins.
Required and conditional BMPs
| Best management practice | Category | Status |
|---|---|---|
| Perimeter silt fence / sediment barrier | Sediment control | Required |
| Stabilized construction entrance | Tracking control | Required |
| Storm drain inlet protection | Sediment control | Required |
| Soil stabilization (seeding, mulch, blankets) | Erosion control | Required |
| Concrete washout containment | Good housekeeping | Required |
| Sediment basin or trap | Sediment control | Conditional |
| Dewatering / turbidity controls | Pollution prevention | Conditional |
Filing your Notice of Intent
Submit the PAG-02 NOI package (3800-PM-BCW0405b with the NOI checklist and fees) to the County Conservation District for the county (DEP regional office for Forest and Philadelphia counties and multi-county projects) at least 60 days before construction; DEP’s ePermitting system accepts PAG-02 NOIs electronically on a voluntary basis (NOI Requirements; fact sheet).
A Notice of Termination closes coverage once the site reaches final stabilization. Keeping the E&S Plan and its inspection records on site is what keeps a project clear of stop-work orders.
Inspection requirements
Inspect at least once every calendar week and within 24 hours after the conclusion of a storm producing 0.25 inch of rain or more over a 24-hour period (also within 24 hours after snowmelt sufficient to cause a discharge, and a corrective action inspection whenever a deficiency in implementing the E&S or PCSM Plan is observed; throughout construction until DEP/CCD approves the Notice of Termination) (PAG-02 Part A III.C.1). Document each inspection on DEP’s Chapter 102 Visual Site Inspection Report (3800-FM-BCW0271d) or an equivalent form, with date- and time-stamped color photographs of BMPs and SCMs at least monthly and whenever deficiencies are found (PAG-02 Part A III.C.1.a). Every inspection is dated and signed, and any failed control is corrected before the next storm.
| Trigger | Requirement |
|---|---|
| Routine | At least once every calendar week and within 24 hours after the conclusion of a storm producing 0.25 inch of rain or more over a 24-hour period (also within 24 hours after snowmelt sufficient to cause a discharge, and a corrective action inspection whenever a deficiency in implementing the E&S or PCSM Plan is observed; throughout construction until DEP/CCD approves the Notice of Termination) |
How Pennsylvania differs from the federal permit
| Pennsylvania | Federal (EPA) | |
|---|---|---|
| Authority | Pennsylvania Department of Environmental Protection (DEP), Bureau of Clean Water | U.S. EPA |
| Permit | PAG-02 | EPA CGP |
| Disturbance threshold | 1 acre | 1 acre |
| Plan name | E&S Plan | SWPPP |
Because Pennsylvania administers its own program, the federal EPA Construction General Permit does not apply directly here — the state permit governs. Sites inside a regulated municipal storm sewer system may carry additional local ordinance requirements on top of the state permit.
Frequently asked questions
Does Pennsylvania require an engineer to prepare the E&S Plan?+–
No. Pennsylvania does not require a licensed PE stamp on a construction E&S Plan statewide. The operator certifies the plan; engineer review is optional for complex sites.
What is the disturbance threshold in Pennsylvania?+–
One acre — including sites under an acre that are part of a larger common plan of development totaling one acre or more.
How often must inspections happen in Pennsylvania?+–
Inspect at least once every calendar week and within 24 hours after the conclusion of a storm producing 0.25 inch of rain or more over a 24-hour period (also within 24 hours after snowmelt sufficient to cause a discharge, and a corrective action inspection whenever a deficiency in implementing the E&S or PCSM Plan is observed; throughout construction until DEP/CCD approves the Notice of Termination) (PAG-02 Part A III.C.1). Document each inspection on DEP’s Chapter 102 Visual Site Inspection Report (3800-FM-BCW0271d) or an equivalent form, with date- and time-stamped color photographs of BMPs and SCMs at least monthly and whenever deficiencies are found (PAG-02 Part A III.C.1.a).
Is an E&S Plan the same as a SWPPP?+–
Yes. Pennsylvania uses the term "E&S Plan" for what other states call a SWPPP — the same plan and the same requirements.
What is a Qualified site inspector and does my site need one?+–
Since 2025-12-08, site inspections and Visual Site Inspection Reports are completed by qualified personnel: DEP Clean Water Academy Qualified Site Inspector training (renewed every two years), an active CPESC or CESSWI certification, or equivalent qualifications approved in writing by DEP/CCD (Part A III.C.1.c).
Pennsylvania-ready in minutes
Siltworks fills in your site data automatically, applies the Pennsylvania requirements, and hands you an inspection-ready E&S Plan — at 70–90% less than a consultant.
Requirements summarized from the publicly available PAG-02 NPDES General Permit for Discharges of Stormwater Associated with Construction Activities (PAG-02) for planning purposes. The operator must review and certify every E&S Plan before use.