Allegheny River Headwaters Watershed Conservation Plan

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Allegheny River Headwaters Conservation Plan Chapter 3. Water Resources Monitoring and Assessment Report that is submitted by DEP to U.S. EPA every two years. This report summarizes the water quality management program, water quality standards, point and non-point source pollution control, and includes descriptions of programs aimed at protecting lakes, wetlands, and groundwater quality. Waterways not meeting their expected water quality goals are identified in Figure 3- 9 and Appendix I. Pennsylvania Clean Streams Law In 1931, Pennsylvania passed the Clean Streams Law granting the commonwealth the power to enact legislation and regulation pertaining to stream protection. It was established to preserve and improve the purity of Pennsylvania waterways for the protection of public health, animal and aquatic life, industrial consumption, and recreational purposes. It is also responsible for the creation of the Clean Water Fund that is used to eliminate pollution. Prior to the passing of this law, intermittent and ephemeral streams were not awarded the same protection as perennial streams. Mining companies were able to reclassify perennial streams as ephemeral and intermittent, because they did not require special protection under the existing mining regulations. As a result of this legislation, intermittent and ephemeral streams received protection similar to perennial streams before mining, logging, or other earth-moving activities are approved. The Clean Water Fund was established to eliminate pollution. Monetary support behind the Clean Water Fund is provided by the fines collected under penal provisions; civil penalties under section 605; permit fees excluding sections 202, 203, and 207; bond forfeitures; and costs recovered under Act 315. Pennsylvania Sewage Facilities Act In 1960, Act 537—known as the Pennsylvania Sewage Facilities Act—was passed to correct existing sewage disposal problems and to prevent future problems. The act is part of Article II of the Pennsylvania Clean Streams Law, and it requires every municipality to develop and implement an official sewage plan addressing present and future sewage disposal needs. If new development projects or sewage disposal needs not originally identified in the plan arise, then an update of the plan will be required. Among the 36 watershed municipalities, the majority—47 percent—have plans that are older than 20 years, being completed from 1970 to 1972. Another 22 percent of the municipalities’ plans are between 10 and 20 years old, and 31 percent of the plans are less than 10 years old. Pennsylvania Floodplain Management Act 166 Floodplain management regulation is specified in the Pennsylvania Floodplain Management Act and Chapter 106 of the Pennsylvania Code. The purpose of this regulation is to (Pennsylvania Code, 1983): • Encourage planning and development in floodplains consistent with sound land-use practices • Protect people and property in floodplains from danger and damages of floodwater and from materials carried by such events • Prevent and eliminate urban and rural blight resulting from flood damage • Authorize a comprehensive and coordinated program of floodplain management based upon the NFIP designed to preserve and restore the efficiency and carrying capacity of the streams and floodplains of the Commonwealth of Pennsylvania • Assist municipalities in qualifying for NFIP • Provide for and encourage local administration and management of floodplains • Minimize expenditure of public and private funds for flood control projects and for relief, rescue, and recovery efforts 3-13
Allegheny River Headwaters Conservation Plan Chapter 3. Water Resources Surface Mining Control and Reclamation Act Surface Mining Control and Reclamation Act (SMCRA) is a federal act that established uniform standards for coal mining activities on state and federal lands. The standards include environmental performance protection standards to reduce adverse effects on aquatic and terrestrial wildlife and other environmental values. Under this regulation, mining companies are required to conduct remediation efforts for environmental degradation cause after the establishment of this act in 1977. It gives companies an incentive to reduce environmental impacts in order to avoid the high costs of remediation. Through this program the Abandoned Mine Reclamation (AMR) fund was created to provide financial assistance to clean up mine lands abandoned prior to the passing of the act, which are not covered by the new standards and regulations (Environmental Literacy Council, 2008). SMCRA and CWA have important implication for mining activities throughout Pennsylvania. Future mining activities must comply with SMCRA and the anti-degradation component of the CWA (Environmental Literacy Council, 2008). Water Quality Classification of Water Pollution Water pollution is divided into two categories—point and non-point sources. Point sources are pollution discharges from an identifiable source, such as discharge pipes from a factory or wastewater treatment plant. Non-point source enters a waterbody through unidentifiable sources, such as agricultural or stormwater runoff. Regulated under the CWA through the NPDES program, point source pollutants—because they come from an identifiable location—are easier to manage. In Pennsylvania, an earth disturbance from one to five acres in size requires a NPDES permit if there is a point source discharge at the site. Agricultural uses, other than Confined Animal Feeding Operations (CAFOs) and timber operations that are fewer than Point source discharges require a NPDES permit to discharge waste into a waterway 25 acres, are not required to obtain a NPDES permit. There are 31 NPDES permitted discharge sites within the Allegheny River headwaters. They are identified in Appendix J. Erosion and sedimentation, stormwater, and agricultural sources and culprits of non-point source pollution. Non-point source pollutants are not visible without detailed analysis and research to identify their origins. Sources of Impairment Erosion and Sedimentation Human influences, such as agricultural and forestry practices, commercial and residential development, and dirt and gravel roadways, accelerate erosion and sedimentation rates within the Allegheny Headwaters watershed. Erosion is a natural process that involves the displacement of soils, sediment, or rocks by wind or water. However, it is the accelerated movement of theses materials—usually following human influences—that cause the greatest ecological concern. Increased rates of erosion and sedimentation 3-14
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Allegheny River Headwaters Watershed Conservation Plan

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