Section 102.31. Applicability

The Department or a conservation district may enforce this chapter under The Clean Streams Law (35 P. S. § § 691.1—691.1001).

The provisions of this § 102.31 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended February 3, 1978, effective February 20, 1978, 8 Pa.B. 288; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111. Immediately preceding text appears at serial pages (203744) to (203745).

Notation

Authority

The provisions of this § 102.31 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

Notes of Decisions

The provision concerning a 25-acre requirement found in this section should be read so as to relate merely to permit requirements, not so as to remove parcels of land of less than 25 acres from the protection of erosion and sedimentation controls. Delaware County Community College v. Fox, 342 A.2d 468 (Pa. Cmwlth. 1975).

The Department of Transportation does not come within the provisions of 25 Pa. Code § 102.31 (a)(4) with its plan to construct culverts for stream crossings for an expressway project to be carried out in sections of 17 acres at a time. In re Precision Tube Company, Inc., 2 Pa. D. & C.3d 1 (1975).

The Department of Transportation need not obtain an erosion and sedimentation control permit before commencing earth moving activity for construction of an expressway if the plan is developed with and approved by the Soil Conservation Service. In re Precision Tube Company, Inc., 2 Pa. D. & C.3d 1 (1975).