Section 691.402 - Potential pollution(a) Whenever the department finds that any activity, not otherwise requiring a permit under this act, including but not limited to the impounding, handling, storage, transportation, processing or disposing of materials or substances, creates a danger of pollution of the waters of the Commonwealth or that regulation of the activity is necessary to avoid such pollution, the department may, by rule or regulation, require that such activity be conducted only pursuant to a permit issued by the department or may otherwise establish the conditions under which such activity shall be conducted, or the department may issue an order to a person or municipality regulating a particular activity. Rules and regulations adopted by the department pursuant to this section shall give the persons or municipalities affected a reasonable period of time to apply for and obtain any permits required by such rules and regulations.(b) Whenever a permit is required by rules and regulations issued pursuant to this section, it shall be unlawful for a person or municipality to conduct the activity regulated except pursuant to a permit issued by the department. Conducting such activity without a permit, or contrary to the terms or conditions of a permit or conducting an activity contrary to the rules and regulations of the department or conducting an activity contrary to an order issued by the department, is hereby declared to be a nuisance. (c)(1) For persons proposing or conducting earth disturbance activities when the activity requires a National Pollutant Discharge Elimination System permit for storm water discharge under 25 Pa. Code Ch. 102 (relating to erosion and sediment control), the person may use or install either:(i) a riparian buffer or riparian forest buffer; or(ii) another option or options among available best management practices, design standards and alternatives that collectively are substantially equivalent to a riparian buffer or riparian forest buffer in effectiveness, to minimize the potential for accelerated erosion and sedimentation and to protect, maintain, reclaim and restore water quality and for existing and designated uses of a perennial or intermittent river, stream or creek or lake, pond or reservoir of this Commonwealth to ensure compliance with 25 Pa. Code Ch.93 (relating to water quality standards).(2) A project located in a special protection watershed in a drainage list specified in 25 Pa Code § 93.9 (relating to designated water uses and water quality criteria) that proposes any earth disturbance within 100 feet of a surface water shall offset any reduction in the total square footage of the buffer zone that would have been utilized as a best management practice, with a replacement buffer elsewhere along special protection waters in the same drainage list and as close as feasible to the area of disturbance at a ratio of one-to- one. Any project incorporating such an alternative shall also include other best management practices to manage postconstruction stormwater to protect, maintain, reclaim and restore water quality and existing and designated uses of waters of this Commonwealth. Replacement planting costs shall be calculated using department guidance as specified in BMP 6.7.1: Riparian Buffer Restoration of the Pennsylvania Stormwater Best Management Practice Manual.Amended by P.L. TBD 2014 No. 162, § 1, eff. 12/21/2014.1937, June 22, P.L. 1987, art. IV, §402. Amended 1970, July 31, P.L. 653, No. 222, §14; 1980, Oct. 10, P.L. 894, No. 157, § 1, imd. effective.