I. Authority and Applicability
A. The Westmoreland Conservation District is delegated by the Pennsylvania Department of Environmental Protection to administer the Commonwealth’s Erosion and Sediment Pollution Control Program under Pennsylvania Chapter 102 rules and regulations and the Clean Streams Law and the General Permit Program under Pennsylvania Chapter 105 rules and regulations in Westmoreland County.
B. Districts may charge fees for Erosion and Sediment Pollution Control
Plan reviews as authorized by Act 217 – The Conservation District Law.
C. Review fees shall apply to all plans that are submitted to the District
requesting Erosion and Sediment plan adequacy except as noted within.
Effective date: June 1, 2011
II. Erosion and Sediment Plan Review Fees
A. The following fees will be charged by the District for earth disturbance Erosion and Sediment plan reviews. Fees are based on the amount of disturbed acres associated with the project. Applications will not be accepted for review without the appropriate fee.
| DISTURBED ACRES** | FEE |
| 0 – 1.99 | $315. |
| 2 – 4.99 | $470. |
| 5 – 9.99 | $625. |
| 10 – 14.99 | $785. |
| 15 – 19.99 | $940. |
| 20 – 24.99 | $1,095. |
| 25 – 29.99 | $1,250. |
| 30 – 39.99 | $1,500. |
| 40 – 49.99 | $1,875. |
| 50 – 74.99 | $2,250. |
| 75 – 99.99 | $2,875. |
| 100 + acres | $3,450.+$20. for each acre beyond 100 |
The earth disturbance Erosion and Sediment plan review fee will not be reduced by the National Pollutant Discharge Elimination System permit filing fee, the Chapter 105 Erosion and Sediment plan review fee or the Stormwater Management Plan processing fee.
**Disturbed acres are defined as the area of the project in which the surface of the land is disturbed by excavations, embankments, land development, residential lot construction, mineral extraction and moving, depositing or storing of soil, rock, or earth, or other earthmoving activity.
B. Stormwater management plans may be submitted with the earth disturbance Erosion and Sediment plan. An additional fee will be charged for stormwater plan processing. See Stormwater fee schedule.
C. The District fees shall not be combined with any other municipal or county fee. The canceled check will be the applicant’s receipt. No separate receipt will be provided unless requested.
D. The applicant will submit a check or money order (cash not accepted) for all Erosion and Sediment reviews. The check should be made payable to the Westmoreland Conservation District and be submitted with the completed application form and the project plans. Plans will not be reviewed unless all components are submitted. Incomplete plan packages may be returned, but the District reserves the right to retain the fee.
E. If the plan, check, or application is incomplete, the applicant will be notified. If a check is returned due to insufficient funds, the plan will not be reviewed.
F. Plan reviews by the District will remain valid for three years from the approval letter date. Failure to initiate earthmoving activities within this time will invalidate this review (subject to IV-A-2).
G. A site requiring a District plan review may not begin earthmoving activities until the Erosion and Sediment Pollution Control Plan has been approved by the District technical staff.
H. Review fees are non-refundable.
III. Stream Encroachment Erosion and Sediment Review Fees
A. Stream Encroachment Erosion and Sediment plans may be submitted with the earth disturbance Erosion and Sediment plan for a project or as a stand-alone project. If the encroachment plan is submitted as a part of an earth disturbance Erosion and Sediment plan review, this fee will be charged in addition to the regular Erosion and Sediment plan review fee. Stand-alone encroachment projects will be charged only according to the fee schedule below.
The Westmoreland Conservation District processes and approves the use of Pennsylvania Department of Environmental Protection Chapter 105 General Permits 1 through 9 inclusive. Permit authorization requires District approval of an erosion control plan meeting Chapter 102 requirements. The Erosion and Sediment plan review fee for stream encroachments is structured according to the following table.
Total Cumulative Stream Length Impacted Stream Encroachment E&S Review Fee
| 0′ – 49′ | $125. |
| 50′ – 199′ | $225. |
| 200′ + | $325. + $50. for each 50′ greater than 200′ |
Note: Refer to each General Permit for specific requirements, rules and restrictions.
IV. Fee Adjustments
A. Fees will be waived for an application filed under the name of a governmental sub-unit of the Commonwealth of Pennsylvania; a city, borough, township or municipality with a Conservation Partnership Agreement (CPA) with the District; or a county watershed organization. This waiver does not apply to private, non-profit organizations, authorities or school districts.
B. Fees may be waived for earthmoving operations with limited acreages such as individual home sites. The District is the sole determinant of this waiver.
C. If an application involves an National Pollutant Discharge Elimination System permit, the applicant shall attach an additional check to: Westmoreland Clean Water Fund (for National Pollutant Discharge Elimination System filing fee).
D. If an application involves a Stormwater Management Plan review or a Stream Encroachment Erosion and Sediment plan review, the application may include one check for all applications to: Westmoreland Conservation District.
E. The fee will not be applicable to agricultural operations such as plowing and tilling, and agricultural conservation practices completed in accordance with a conservation plan approved by the District. When a site disturbance occurs that is not an agricultural practice, such as earth disturbance for a large building, the fee schedule for plan review would be applicable.
F. The Earth Disturbance fee schedule is not applicable to timber harvesting operations, but the base Chapter 105 General Permit Erosion and Sediment fee does apply. See Timber Harvest Fee Schedule.
V. Additional fees
A. One fee is intended to cover the entire review process except for the following.
1. If, after the initial review process, the plan is considered “not adequate” and revisions are needed, the plan must be re-submitted with revisions and an additional fee of 25% of the original fee. If, after the second review, the plan is not adequate, revisions must be submitted with an additional 50% of the original fee. If, after the third review, the plan is not adequate, 75% of the original fee must be submitted with revisions.
2. Where the applicant or his/her agent fails to directly address and attempt to resolve concerns expressed by the District after three reviews of the Erosion and Sediment plan, a complete resubmission of the original fees (with the exception of the National Pollutant Discharge Elimination System filing fee) will be imposed for all subsequent Erosion and Sediment plan revisions.
3. If a plan is waiting for revisions for six months from the time of the District’s last “not adequate” letter, the plan will be returned to the applicant and any resubmission will require a new full fee.
4. When site construction and final site stabilization are not completed within three years from the date of initial plan review, the District reserves the right to require the submission of a new plan and additional or upgraded controls if erosion and sediment standards have been revised. Fees will be charged as indicated in section II-A above.
VI. Phased projects
A. On phased projects, the fee may be submitted in a lump sum with the Erosion and Sediment plan for the total project area, or may be submitted with individual phases of the project when the Erosion and Sediment plan for each phase is submitted for review. Phased plans are subject to section IV-A-3 above.
VII. Change of project
A. Each submission of a different project on the same site shall be considered as a new project and the fees shall be charged accordingly.
