Erosion and Sediment Pollution Control (E&SPC) Program

Click here to access a copy of the Westmoreland Conservation District’s

Application for Plan Review PDF

Erosion and Sediment Pollution Control Plan Review Fee Schedule

 Updated 6/1/11

I. Authority and Applicability:

A. The Westmoreland Conservation District (District) is delegated by the Pennsylvania Department of Environmental Protection, under Chapter 102 of the Pennsylvania Clean Streams Law, to administer the Commonwealth’s Erosion and Sediment (E&S) Pollution Control Program.

B. As authorized by Act 217 – The Conservation District Law; Districts may charge a fee for the review of the E&S pollution control plan.

C. Review fees shall apply to all plans that are submitted to the District requesting a review and approval of an E&S pollution control plan except as noted within.

II. Chapter 102 E&S Pollution Control Plan Review Fees:

A. The following fees will be charged by the District for E&S pollution control 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 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, earth, or other earthmoving activity. This area may or may not be equal to the size of the property.**The E&S pollution control plan review fee will not be reduced by the NPDES permit filing fee, the Chapter 105 stream encroachment review fee, the ESCGP-1 permit fees, or the Stormwater Management Plan processing fee.

B. A stormwater management (SWM) plan may be submitted with the E&S pollution control plan. An additional processing fee will be charged for the SWM plan. See the stormwater fee schedule for additional instructions.

C. The District fees shall not be combined with any other municipal or county fee. The canceled check will serve as the applicant’s receipt. A separate receipt will not be provided unless requested.

D. For all E&S pollution control plan reviews, the applicant must submit a check or money order (cash not accepted) made payable to Westmoreland Conservation District. The completed application, along with the E&S pollution control plan, should also be included with this submission. Plans will not be reviewed unless all components are submitted. The District reserves the right to retain the fee for any incomplete, returned packages.

E. The applicant will be notified if the application, plan, and/or check are incomplete. If a check is returned due to insufficient funds, the plan will not be reviewed.

F. E&S pollution control plans submitted to the District will remain valid for 3 years from the approval letter date. Failure to initiate earthmoving activities within this time will invalidate this review (subject to VI-A-4).

G. A site which requires an E&S pollution control plan review by the District may not begin earthmoving activities until the E&S pollution control plan has been approved.

H. Review Fees are non-refundable.

III. Erosion and Sediment Control General Permit #1

A. The District processes and approves the use of the Erosion and Sediment Control General Permit #1 (ESCGP-1) for oil and gas activities associated with transmission and distribution lines only, including but not limited to, access roads and compressor stations. The District does NOT process or review activities associated with gathering lines.

• Gathering Lines – transports raw natural gas from the well head to the processing plant

• Transmission Lines – transports natural gas from the processing plant to the market area

• Distribution Lines – transports natural gas from the market area to the customer

B. The cost for all ESCGP-1 permits is $500.00 plus $100.00 per disturbed acre. For all ESCGP-1 permits, the applicant must submit two checks. One check or money order for $500.00 made payable to Westmoreland Clean Water Fund and one check made payable to Commonwealth of PA Clean Water Fund for $100.00 per disturbed acres.

C. If the transmission line will involve a stream crossing, a Chapter 105 Stream Encroachment General Permit should also be included with the permit application. See below for fee schedule.

IV. Chapter 105 Stream Encroachment General Permit Review Fees:

A. The District processes and approves the use of Chapter 105 Stream Encroachment General Permits # 1 through 9 inclusive. These permits may be submitted as a stand-alone project or in combination with an E&S pollution control plan, depending on the scope of work. Permit authorization requires District approval of an E&S pollution control plan which meets Chapter 102 requirements. If the encroachment permit is submitted as a part of an E&S pollution control plan, the Chapter 105 stream encroachment review fee will be charged in addition to the regular E&S pollution control plan review fee. Stand alone encroachment projects will only be charged according to the fee schedule below. All checks should be made payable to Westmoreland Conservation District. The erosion and sediment control 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. each 50′ over 200′

Revised May 4, 2011

Effective June 1, 2011

Note: Refer to each General Permit for specific requirements, rules and restrictions.

V. Fee Adjustments

A. District Chapter 102 and Chapter 105 fees will be waived for an application filed under the name of a governmental sub-unit of the Commonwealth of Pennsylvania. (PA Turnpike will pay fees according to approved statewide agreement with Districts) A city, borough, township, or municipality with a Conservation Partnership Agreement (CPA) with the District, or a County Watershed Organization will also be exempt from District review fees. This waiver does not apply to private, non-profit organizations, authorities, or school districts.

B. Fees may be waived for earthmoving operations with limited disturbed acreage such as individual home sites. The District is the sole determinant of this waiver.

C. If an NPDES permit is required, and will be submitted with the E&S pollution control plan, the applicant shall attach two additional checks. One check made payable to Westmoreland Clean Water Fund (for the NPDES filing fee Individual=$1500, General=$500) and one check made payable to Commonwealth of PA Clean Water Fund ($100 per disturbed acre).

D. If an application involves a SWM plan review or a Chapter 105 Stream Encroachment review, the applicant may include one check for the sum of all fees made payable to Westmoreland Conservation District.

E. Certain agricultural activities may be required to obtain an E&S pollution control plan from the District. Earth disturbance activities such as the construction of a barn or stockpiling excess soil may be subject to a plan review and applicable fees. Agricultural operations such as plowing and tilling or agricultural conservation practices completed in accordance with a conservation plan approved by the District will not be subject to these fees.

F. The Chapter 102 E&S pollution control plan review fee is not applicable to timber harvesting operations. Chapter 105 stream encroachment review fees do apply. See Timber Harvest Fee Schedule.

VI. 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 E&S pollution control 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 re-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 re-submitted with revisions.
2. When the applicant or his agent fails to directly address and resolve concerns expressed by the District after three reviews of the E&S pollution control plan, a complete plan resubmission must be made. This includes the application, a revised E&S pollution control plan and review fee (with the exception of the NPDES filing fee).
3. E&S pollution control plans requiring revision will be held at the District for 6 months from the date of the District’s last “not adequate” letter. Once that time has elapsed, the plan will be returned to the applicant and any resubmission will require another E&S pollution control plan review fee, in the full amount.
4. When site construction and final site stabilization are not completed within three years from the date of plan approval, the District reserves the right to require the submission of a new E&S pollution control plan which satisfies any upgraded standards. Fees will be charged as indicated in section II-A above.

VII. Phased projects:

A. On phased projects, the fee may be submitted in a lump sum with the E&S plan for the total project area, or may be submitted with individual phases of the project when the E&S plan for each phase is submitted for review. Phased plans are subject to section IV-A-3 above.

VII.I 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.

Timber Harvest Review Fee Schedule