Under the terms of a settlement entered into in Chesapeake Bay Foundation v. DEP, No. 2009-116-L (Pa. Envtl. Hearing Bd. July 6, 2011), Pennsylvania will amend its Earth and Sediment Control General Permit (ESCGP-1) to make the General Permit unavailable to oil and gas projects in high quality or exceptional value water bodies, in floodplains or on contaminated land.

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