SWPPP
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900 Route 146 Clifton Park, New York 12065
edpllp.com
Θ^W>E> ' E͗
(518) 371-7621
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1" = 80'
NOT FOR
CONSTRUCTION
EROSION AND
SEDIMENT
CONTROL
3
NYS Department of Environmental Conservation
Division of Water
625 Broadway, 4th Floor
Albany, New York 12233-3505
MS4 Stormwater Pollution Prevention Plan (SWPPP) Acceptance
Form
for
Construction Activities Seeking Authorization Under SPDES General Permit
*(NOTE: Attach Completed Form to Notice Of Intent and Submit to Address Above)
I. Project Owner/Operator Information
úÛÊÊÃ ðÛÉÔÓÎÉÑÃ
1. Owner/Operator Name:
úÛÊÊÃ ðÛÉÔÓÎÉÑÃ
2. Contact Person:
ãÍÊÑÉÔÓÊ× øÊÓÆ×
3. Street Address:
ëÇ××ÎÉÚÇÊà îã
4. City/State/Zip:
II. Project Site Information
óÏÌ×ÊÓÛÐ ûÙÊ×É éÇÚØÓÆÓÉÓÍÎ
5. Project/Site Name:
ïÍÍÎ ôÓÐÐ êÍÛØ
6. Street Address:
ëÇ××ÎÉÚÇÊà îã
7. City/State/Zip:
III. Stormwater Pollution Prevention Plan (SWPPP) Review and Acceptance Information
8. SWPPP Reviewed by:
9. Title/Position:
10. Date Final SWPPP Reviewed and Accepted:
IV. Regulated MS4 Information
èÍÅÎ ÍÖ ëÇ××ÎÉÚÇÊÃ
11. Name of MS4:
12. MS4 SPDES Permit Identification Number: NYR20A
13. Contact Person:
úÛà êÍÛØ
14. Street Address:
ëÇ××ÎÉÚÇÊà îã
15. City/State/Zip:
16. Telephone Number:
Page 1of 2
MS4 SWPPP Acceptance Form
continued
-
V. Certification Statement-MS4 Official (principal executive officer or ranking elected official) or
Duly Authorized Representative
I hereby certify that the final Stormwater Pollution Prevention Plan (SWPPP) for the construction project
identified in question 5 has been reviewed and meets the substantive requirements in the SPDES
General Permit For Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s).
Note: The MS4, through the acceptance of the SWPPP, assumes no responsibility for the accuracy and
adequacyof the design included in the SWPPP. In addition, review and acceptance of the SWPPP by
the MS4 does not relieve the owner/operator or their SWPPP preparer of responsibility or liability for
errors or omissions in the plan.
Printed Name:
Title/Position:
Signature:
Date:
VI. Additional Information
(NYS DEC -MS4 SWPPP Acceptance Form -January 2015)
Page 2of 2
PREFACE
Pursuant to Section 402 of the Clean Water Act (“CWA”), stormwater [[1987,703,2253,760][12][,I,][Arial]]discharges
from certain [[578,760,1078,817][12][,I,][Arial]]construction activities [[1053,760,2095,817][12][,,][Arial]] are unlawful unless they are authorized by a [[2060,760,2293,817][12][,I,][Arial]]Nation
al
[[300,818,894,875][12][,I,][Arial]]Pollutant Discharge Elimi [[856,818,1476,875][12][,I,][Arial]]nation System (“NPDES”) [[1439,818,2284,875][12][,,][Arial]]permit or by a state permit
program.
New York’s[[553,875,1870,932][12][,I,][Arial]] State Pollutant Discharge Elimination System (“SPDES”) [[1834,875,2148,932][12][,,][Arial]]is a NPDES-
approved program with permits issued in accordance with the [[1673,933,2042,990][12][,I,][Arial]]Environmental
[[300,990,950,1047][12][,I,][Arial]]Conservation Law (“ECL”).
This general permit (“permit”) is issued pursuant to Article 17, Titles 7, 8 and
Article 70 of the ECL. An [[861,1163,1289,1220][12][,I,][Arial]]owner or operator [[1256,1163,2237,1220][12][,,][Arial]] may obtain coverage under this permit by
submitting a Notice of Intent ("NOI") to the Department. Copies of this permit and the NOI
for New York are available by calling (518) 402-8109 or at any New York State
Department of Environmental Conservation (“the Department”) regional office (see
Appendix G).They are also available on the Department’s website at:
http://www.dec.ny.gov/
An[[525,1565,970,1622][12][,I,][Arial]]owner or operator [[934,1565,1068,1622][12][,,][Arial]]of a [[1031,1565,1517,1622][12][,I,][Arial]]construction activity [[1481,1565,2268,1622][12][,,][Arial
]]that is eligible for coverage under
this permit must obtain coverage prior to the [[1290,1623,2177,1680][12][,I,][Arial]]commencement of construction activity [[2151,1623,2201,1680][12][,,][Arial]].
Activities that fit the definition of “[[1031,1680,1492,1737][12][,I,][Arial]]construction activity [[1467,1680,2120,1737][12][,,][Arial]]”, as defined under 40 CFR
122.26(b)(14)(x), (15)(i), and (15)(ii), constitute construction of a point source and
therefore, pursuant to Article 17-0505 of the ECL, the [[1489,1795,1934,1852][12][,I,][Arial]]owner or operator [[1898,1795,2178,1852][12][,,][Arial]]must have
coverage under a SPDES permit prior to [[1209,1852,1967,1909][12][,I,][Arial]]commencing construction activity [[1942,1852,2295,1909][12][,,][Arial]]. They cannot
wait until there is an actual [[903,1910,1142,1967][12][,I,][Arial]]discharge [[1134,1910,1715,1967][12][,,][Arial]]from the construction site [[1692,1910,2320,1967][12][,,][Arial]]
to obtain permit coverage.
*Note: The italicized words/phrases within this permit are defined in Appendix A.
I
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES
FROM CONSTRUCTION ACTIVITIES
Part I. PERMIT COVERAGE AND LIMITATIONS .............................................................. 1
A.Permit Application ................................................................................................. 1
B.Effluent Limitations Applicable to Discharges from Construction Activities ........... 1
C.Post-construction Stormwater Management Practice Requirements .................... 4
D.Maintaining Water Quality ..................................................................................... 8
E.Eligibility Under This General Permit ..................................................................... 9
F.Activities Which Are Ineligible for Coverage Under This General Permit .............. 9
Part II. OBTAINING PERMIT COVERAGE ..................................................................... 12
A.Notice of Intent (NOI) Submittal .......................................................................... 12
B.Permit Authorization ............................................................................................ 13
C.General Requirements For Owners or Operators With Permit Coverage ........... 15
D.Permit Coverage for Discharges Authorized Under GP-0-10-001 ....................... 17
E.Change of [[728,1202,1178,1259][12][,I,][Arial]]Owner or Operator [[1144,1202,2306,1259][12][,,][Arial]] .............................................................................
17
Part III. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ........................... 18
A.General SWPPP Requirements .......................................................................... 18
B.Required SWPPP Contents ................................................................................ 20
C.Required SWPPP Components by Project Type ................................................. 23
Part IV. INSPECTION AND MAINTENANCE REQUIREMENTS ..................................... 24
A.General Construction Site Inspection and Maintenance Requirements .............. 24
B.Contractor Maintenance Inspection Requirements ............................................. 24
C.Qualified Inspector Inspection Requirements ...................................................... 24
Part V. TERMINATION OF PERMIT COVERAGE ........................................................... 28
A.Termination of Permit Coverage ......................................................................... 28
Part VI. REPORTING AND RETENTION OF RECORDS ................................................ 30
A.Record Retention ................................................................................................ 30
B.Addresses ........................................................................................................... 30
Part VII. STANDARD PERMIT CONDITIONS ................................................................. 31
A.Duty to Comply .................................................................................................... 31
B.Continuation of the Expired General Permit ........................................................ 31
C.Enforcement ........................................................................................................ 31
D.Need to Halt or Reduce Activity Not a Defense ................................................... 31
E.Duty to Mitigate ................................................................................................... 32
F.Duty to Provide Information ................................................................................. 32
G.Other Information ................................................................................................ 32
H.Signatory Requirements ...................................................................................... 32
I.Property Rights....................................................................................................... 34
J.Severability ............................................................................................................. 34
K.Requirement to Obtain Coverage Under an Alternative Permit ........................... 34
L.Proper Operation and Maintenance .................................................................... 35
M.Inspection and Entry ........................................................................................... 35
N.Permit Actions ..................................................................................................... 36
O.Definitions ........................................................................................................... 36
P.Re-Opener Clause .............................................................................................. 36
II
Q.Penalties for Falsification of Forms and Reports ................................................. 36
R.Other Permits ...................................................................................................... 36
APPENDIX A .................................................................................................................... 37
APPENDIX B .................................................................................................................... 44
APPENDIX C ................................................................................................................... 46
APPENDIX D ................................................................................................................... 52
APPENDIX E .................................................................................................................... 53
APPENDIX F .................................................................................................................... 55
III
(Part I)
Part I. PERMIT COVERAGE AND LIMITATIONS
A. Permit Application
This permit authorizes stormwater [[1235,555,1501,612][12][,I,][Arial]]discharges [[1477,555,1560,612][12][,,][Arial]] to [[1537,555,1741,612][12][,I,][Arial]] surface [[1737,555,2217,612][12][,I,][A
rial]]waters of the State [[2186,555,2336,612][12][,,][Arial]]from
the following [[744,613,1270,670][12][,I,][Arial]]construction activities [[1234,613,1748,670][12][,,][Arial]]identified within 40 CF [[1729,613,2336,670][12][,,][Arial]]R Parts 122.26(b)(14)(x),
122.26(b)(15)(i) and 122.26(b)(15)(ii), provided all of the eligibility provisions of this
permit are met:
[[638,843,1149,900][12][,I,][Arial]]Construction activities [[1124,843,1770,900][12][,,][Arial]] involving soil disturbances [[1734,843,2336,900][12][,,][Arial]]of one (1) or more acres;
including disturbances of less than one acre that are part of a [[2159,900,2320,957][12][,I,][Arial]]larger
[[638,958,1470,1015][12][,I,][Arial]]common plan of development or sale [[1447,958,1871,1015][12][,,][Arial]] that will ultimately [[1847,958,2336,1015][12][,,][Arial]] disturb one or
more
acres of land; excluding [[1195,1015,1849,1072][12][,I,][Arial]]routine maintenance activity [[1824,1015,2336,1072][12][,,][Arial]] that is performed to
maintain the original line and grade, hydraulic capacity or original purpose
of a facility;
[[638,1238,1175,1295][12][,I,][Arial]]Construction activities [[1141,1238,1750,1295][12][,,][Arial]]involving soil disturbances [[1724,1238,2336,1295][12][,,][Arial]] of less than one
(1) acre
where the Department has determined that a [[1644,1295,1830,1352][12][,I,][Arial]]SPDES [[1827,1295,2336,1352][12][,,][Arial]]permit is required for
stormwater[[899,1353,1165,1410][12][,I,][Arial]]discharges [[1141,1353,2337,1410][12][,,][Arial]] based on the potential for contribution to a violation
of a [[750,1410,1304,1467][12][,I,][Arial]]water quality standard [[1276,1410,2037,1467][12][,,][Arial]]or for significant contribution of [[2009,1410,2248,1467][12][,I,][Arial]]pollutants
[[2223,1410,2336,1467][12][,,][Arial]] to
[[638,1468,1297,1525][12][,I,][Arial]]surface waters of the State.
[[638,1633,1175,1690][12][,I,][Arial]]Construction activities [[1140,1633,1776,1690][12][,,][Arial]]located in the watershed(s) [[1743,1633,2336,1690][12][,,][Arial]] identified in
Appendix D
that involve soil disturbances between five thousand (5,000) square feet
and one (1) acre of land.
B. Effluent Limitations Applicable to Discharges from Construction Activities
[[450,1970,697,2027][12][,I,][Arial]]Discharge [[675,1970,1589,2027][12][,,][Arial]]s authorized by this permit must achi [[1549,1970,2335,2027][12][,,][Arial]]eve, at a minimum, the
effluent
limitations in Part I.B.1. (a) – (f) of this permit. These limitations represent the degree
of effluent reduction attainable by the application of best practicable technology
currently available.
Erosion and Sediment Control Requirements - The [[1771,2257,2198,2314][12][,I,][Arial]]owner or operator [[2164,2257,2336,2314][12][,,][Arial]] must
select, design, install, implement and maintain control measures to
[[637,2372,856,2429][12][,I,][Arial]]minimize [[834,2372,973,2429][12][,,][Arial]] the [[943,2372,1182,2429][12][,I,][Arial]]discharge [[1160,2372,1271,2429][12][,,][Arial]] of [[1240,2372,1479,242
9][12][,I,][Arial]]pollutants [[1454,2372,2193,2429][12][,,][Arial]] and prevent a violation of the [[2163,2372,2335,2429][12][,I,][Arial]]water
[[637,2430,1044,2487][12][,I,][Arial]]quality standards [[1019,2430,1677,2487][12][,,][Arial]]. The selection, design, inst [[1641,2430,2335,2487][12][,,][Arial]]allation, implementation,
and
maintenance of these control measures must meet the non-numeric effluent
limitations in Part I.B.1.(a) – (f) of this permit and be in accordance with the
New York State Standards and Specifications for Erosion and Sediment
Control, dated November 2016, using sound engineering judgment. Where
control measures are not designed in conformance with the design criteria
included in the technical standard, the [[1520,2775,1974,2832][12][,I,][Arial]]owner or operator [[1943,2775,2336,2832][12][,,][Arial]]must include in
the Stormwater Pollution Prevention Plan (“SWPPP”) the reason(s) for the
deviation or alternative design and provide information
1
(Part I.B.1)
which demonstrates that the deviation or alternative design is [[2003,383,2267,440][12][,I,][Arial]]equivalent [[2231,383,2336,440][12][,,][Arial]] to
the technical standard.
Erosion and Sediment Controls.
a. Design, install and maintain effective
erosion and sediment controls to [[1403,613,1622,670][12][,I,][Arial]]minimize [[1600,613,1732,670][12][,,][Arial]] the [[1694,613,1933,670][12][,I,][Arial]]discharge [[1910,613,2014,670][12][,,][Ar
ial]] of [[1977,613,2216,670][12][,I,][Arial]]pollutants [[2190,613,2335,670][12][,,][Arial]] and
prevent a violation of the [[1266,670,1818,727][12][,I,][Arial]]water quality standards [[1793,670,2336,727][12][,,][Arial]]. At a minimum, such
controls must be designed, installed and maintained to:
(i)[[844,843,1063,900][12][,I,][Arial]]Minimize [[1041,843,1736,900][12][,,][Arial]] soil erosion through applicatio [[1714,843,2336,900][12][,,][Arial]]n of runoff control and soil
stabilization control measure to [[1547,900,1766,957][12][,I,][Arial]]minimize [[1758,900,1983,957][12][,I,][Arial]]pollutant [[1961,900,2200,957][12][,I,][Arial]]discharge [[2177,900,2252,957][12][,
,][Arial]]s;
(ii) Control stormwater [[1350,1015,1589,1072][12][,I,][Arial]]discharge [[1567,1015,1733,1072][12][,,][Arial]]s to [[1732,1015,1951,1072][12][,I,][Arial]]minimize [[1929,1015,2336,1072][12][,,][Ari
al]] channel and
streambank erosion and scour in the immediate vicinity of the
[[844,1130,1083,1187][12][,I,][Arial]]discharge [[1060,1130,1271,1187][12][,,][Arial]] points;
(iii) [[844,1245,1063,1302][12][,I,][Arial]]Minimize [[1041,1245,1855,1302][12][,,][Arial]] the amount of soil exposed during [[1819,1245,2281,1302][12][,I,][Arial]]construction activity
[[2255,1245,2305,1302][12][,,][Arial]];
(iv)[[844,1360,1063,1417][12][,I,][Arial]]Minimize [[1041,1360,1503,1417][12][,,][Arial]] the disturbance of [[1466,1360,1771,1417][12][,I,][Arial]]steep slopes [[1747,1360,1797,1417][12][,,][Arial]
];
(v)[[844,1475,1063,1532][12][,I,][Arial]]Minimize [[1041,1475,1308,1532][12][,,][Arial]] sediment [[1271,1475,1510,1532][12][,I,][Arial]]discharge [[1488,1475,1866,1532][12][,,][Arial]]s
from the site;
(vi) Provide and maintain natural buffers around surface waters, direct
stormwater to vegetated areas and maximize stormwater
infiltration to reduce [[1294,1705,1519,1762][12][,I,][Arial]]pollutant [[1497,1705,1736,1762][12][,I,][Arial]]discharge [[1713,1705,1960,1762][12][,,][Arial]]s, unless [[1925,1705,2158,1762][12][,I
,][Arial]]infeasible [[2136,1705,2186,1762][12][,,][Arial]];
(vii)[[844,1820,1063,1877][12][,I,][Arial]]Minimize [[1041,1820,2336,1877][12][,,][Arial]] soil compaction. Minimizing soil compaction is not
required where the intended function of a specific area of the site
dictates that it be compacted; and
(viii) Unless [[1028,2050,1261,2107][12][,I,][Arial]]infeasible [[1239,2050,2336,2107][12][,,][Arial]], preserve a sufficient amount of topsoil to
complete soil restoration and establish a uniform, dense
vegetative cover.
Soil Stabilization
b.. In areas where soil disturbance activity has temporarily
or permanently ceased, the application of soil stabilization measures must
be initiated by the end of the next business day and completed within
fourteen (14) days from the date the current soil disturbance activity
ceased. For construction sites that [[1449,2510,1859,2567][12][,I,][Arial]]directly discharge [[1837,2510,2336,2567][12][,,][Arial]] to one of the 303(d)
segments listed in Appendix E or is located in one of the watersheds listed
in Appendix C, the application of soil stabilization measures must be
initiated by the end of the next business day and completed within seven
(7) days from the date the current soil disturbance activity ceased. See
Appendix A for definition of [[1287,2797,1759,2854][12][,I,][Arial]]Temporarily Ceased [[1737,2797,1787,2854][12][,,][Arial]].
Dewatering
c..[[972,2912,1219,2969][12][,I,][Arial]]Discharge [[1197,2912,2075,2969][12][,,][Arial]]s from dewatering activities, including [[2039,2912,2278,2969][12][,I,][Arial]]discharge [[2256,2912,2306,296
9][12][,,][Arial]]s
2
(Part I.B.1.c)
from dewatering of trenches and excavations, must be managed by
appropriate control measures.
Pollution Prevention Measures
d.. Design, install, implement, and
maintain effective pollution prevention measures to [[1978,613,2197,670][12][,I,][Arial]]minimize [[2175,613,2336,670][12][,,][Arial]] the
[[675,670,914,727][12][,I,][Arial]]discharge [[891,670,1013,727][12][,,][Arial]] of [[993,670,1232,727][12][,I,][Arial]]pollutants [[1207,670,2009,727][12][,,][Arial]] and prevent a
violation of the [[1989,670,2335,727][12][,I,][Arial]]water quality
[[675,728,919,785][12][,I,][Arial]]standards [[894,728,1676,785][12][,,][Arial]]. At a minimum, such measures [[1647,728,2336,785][12][,,][Arial]]must be designed, installed,
implemented and maintained to:
(i)[[806,900,1025,957][12][,I,][Arial]]Minimize [[1024,900,1116,957][12][,,][Arial]]the [[1115,900,1354,957][12][,I,][Arial]]discharge [[1331,900,1444,957][12][,,][Arial]] of [[1415,900,1654,957][12
][,I,][Arial]]pollutants [[1629,900,2335,957][12][,,][Arial]] from equipment and vehicle
washing, wheel wash water, and other wash waters. This applies to
washing operations that use clean water only. Soaps, detergents
and solvents cannot be used;
(ii)[[844,1188,1063,1245][12][,I,][Arial]]Minimize [[1041,1188,1779,1245][12][,,][Arial]] the exposure of building mate [[1756,1188,2336,1245][12][,,][Arial]]rials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste and other
materials present on the site to precipitation and to stormwater.
Minimization of exposure is not required in cases where the
exposure to precipitation and to stormwater will not result in a
[[844,1533,1083,1590][12][,I,][Arial]]discharge [[1060,1533,1169,1590][12][,,][Arial]] of [[1137,1533,1376,1590][12][,I,][Arial]]pollutants [[1351,1533,1912,1590][12][,,][Arial]], or
where exposure of [[1879,1533,2335,1590][12][,,][Arial]]a specific material
or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use) ; and
(iii) Prevent the [[1137,1763,1376,1820][12][,I,][Arial]]discharge [[1354,1763,1472,1820][12][,,][Arial]] of [[1448,1763,1687,1820][12][,I,][Arial]]pollutants [[1662,1763,2336,1820][12][,,][Arial]]
from spills and leaks and
implement chemical spill and leak prevention and response
procedures.
Prohibiteds.
e.[[936,1992,1200,2049][12][B,I,][Arial]]Discharge [[1220,1992,1578,2049][12][,,][Arial]] The following [[1542,1992,1781,2049][12][,I,][Arial]]discharge [[1759,1992,2168,2049][12][,,][Arial]]s
are prohibited:
(i) Wastewater from washout of concrete;
(ii) Wastewater from washout and cleanout of stucco, paint, form
release oils, curing compounds and other construction materials;
(iii) Fuels, oils, or other [[1327,2395,1566,2452][12][,I,][Arial]]pollutants [[1541,2395,2336,2452][12][,,][Arial]] used in vehicle and equipment
operation and maintenance;
(iv) Soaps or solvents used in vehicle and equipment washing; and
(v) Toxic or hazardous substances from a spill or other release.
f. Surface Outlets. When discharging from basins and impoundments, the
outlets shall be designed, constructed and maintained in such a manner
that sediment does not leave the basin or impoundment and that erosion
3
(Part I.B.1.f)
at or below the outlet does not occur.
C. Post-construction Stormwater Management Practice Requirements
The [[757,613,1223,670][12][,I,][Arial]]owner or operator [[1189,613,1374,670][12][,,][Arial]] of a [[1358,613,1838,670][12][,I,][Arial]]construction activity [[1813,613,2320,670][12][,,][Arial]]
that requires post-
construction stormwater management practices pursuant to Part III.C. of
this permit must select, design, install, and maintain the practices to meet
the[[726,785,1198,842][12][,I,][Arial]]performance criteria [[1176,785,1708,842][12][,,][Arial]] in the New York Stat [[1673,785,2336,842][12][,,][Arial]]e Stormwater Management
Design Manual (“Design Manual”), dated January 2015, using sound
engineering judgment. Where post-construction stormwater management
practices (“SMPs”) are not designed in conformance with the [[2005,958,2336,1015][12][,I,][Arial]]performance
[[638,1015,810,1072][12][,I,][Arial]]criteria [[788,1015,1451,1072][12][,,][Arial]] in the Design Manual, the [[1422,1015,1863,1072][12][,I,][Arial]]owner or operator [[1829,1015,2336,1072][12][,,][
Arial]] must include in the
SWPPP the reason(s) for the deviation or alternative design and provide
information which demonstrates that the deviation or alternative design is
[[638,1188,902,1245][12][,I,][Arial]]equivalent [[865,1188,1488,1245][12][,,][Arial]] to the technical standard.
The [[757,1295,1240,1352][12][,I,][Arial]]owner or operator [[1222,1295,1374,1352][12][,,][Arial]]of a [[1358,1295,1838,1352][12][,I,][Arial]]construction activity [[1813,1295,2320,1352][12][,,][A
rial]] that requires post-
construction stormwater management practices pursuant to Part III.C. of
this permit must design the practices to meet the applicable [[1992,1410,2309,1467][12][,I,][Arial]]sizing criteria
in Part I.C.2.a., b., c. or d. of this permit.
for
a.[[694,1633,1053,1690][12][B,I,][Arial]]Sizing Criteria [[1125,1633,1589,1690][12][B,I,][Arial]]New Development
(i) Runoff Reduction Volume (“RRv”): Reduce the total Water Quality
Volume (“WQv”) by application of RR techniques and standard
SMPs with RRv capacity. The total WQv shall be calculated in
accordance with the criteria in Section 4.2 of the Design Manual.
(ii) Minimum RRv and Treatment of Remaining Total WQv:
[[844,2092,1375,2149][12][,I,][Arial]]Construction activities [[1351,2092,1883,2149][12][,,][Arial]] that cannot meet t [[1847,2092,2336,2149][12][,,][Arial]]he criteria in Part
I.C.2.a.(i) of this permit due to [[1553,2150,1898,2207][12][,I,][Arial]]site limitations [[1873,2150,2336,2207][12][,,][Arial]] shall direct runoff
from all newly constructed [[1435,2207,1840,2264][12][,I,][Arial]]impervious areas [[1815,2207,2336,2264][12][,,][Arial]] to a RR technique or
standard SMP with RRv capacity unless [[1771,2265,2004,2322][12][,I,][Arial]]infeasible [[1982,2265,2336,2322][12][,,][Arial]]. The specific
[[844,2322,1180,2379][12][,I,][Arial]]site limitations [[1155,2322,1775,2379][12][,,][Arial]] that prevent the reduction [[1736,2322,2336,2379][12][,,][Arial]]of 100% of the WQv shall
be documented in the SWPPP. For each [[1775,2380,2155,2437][12][,I,][Arial]]impervious area [[2134,2380,2337,2437][12][,,][Arial]] that is
not directed to a RR technique or standard SMP with RRv
capacity, the SWPPP must include documentation which
demonstrates that all options were considered and for each option
explains why it is considered [[1491,2610,1752,2667][12][,I,][Arial]]infeasible.
In no case shall the runoff reduction achieved from the newly
constructed be less than the Minimum RRv
[[1143,2783,1575,2840][12][B,I,][Arial]]impervious areas
as calculated using the criteria in Section 4.3 of the Design
Manual
. The remaining portion of the total WQv
4
(Part I.C.2.a.ii)
that cannot be reduced shall be treated by application of standard
SMPs.
(iii) Channel Protection Volume (“Cpv”): Provide 24 hour extended
detention of the post-developed 1-year, 24-hour storm event;
remaining after runoff reduction. The Cpv requirement does not
apply when:
(1) Reduction of the entire Cpv is achieved by application of
runoff reduction techniques or infiltration systems, or
(2) The site [[1172,942,1411,999][12][,I,][Arial]]discharge [[1389,942,1900,999][12][,,][Arial]]s directly to tidal wate [[1878,942,2337,999][12][,,][Arial]]rs, or fifth order or
larger streams.
(iv) Overbank Flood Control Criteria (“Qp”): Requires storage to
attenuate the post-development 10-year, 24-hour peak [[2069,1156,2308,1213][12][,I,][Arial]]discharge
rate (Qp) to predevelopment rates. The Qp requirement does not
apply when:
(1) the site [[1162,1328,1401,1385][12][,I,][Arial]]discharge [[1378,1328,2336,1385][12][,,][Arial]]s directly to tidal waters or fifth order or
larger streams, or
(2) A downstream analysis reveals that overbank control is not
required.
(v) Extreme Flood Control Criteria (“Qf”): Requires storage to
attenuate the post-development 100-year, 24-hour peak
[[844,1715,1083,1772][12][,I,][Arial]]discharge [[1060,1715,1744,1772][12][,,][Arial]] rate (Qf) to predevelopment [[1709,1715,2336,1772][12][,,][Arial]]rates. The Qf requirement
does not apply when:
(1) the site [[1162,1830,1401,1887][12][,I,][Arial]]discharge [[1378,1830,2336,1887][12][,,][Arial]]s directly to tidal waters or fifth order or
larger streams, or
(2) A downstream analysis reveals that overbank control is not
required.
for in Enhanced Phosphorus
b.[[675,2102,1053,2159][12][B,I,][Arial]]Sizing Criteria [[1162,2102,1645,2159][12][B,I,][Arial]]New Development
Removal Watershed
(i) Runoff Reduction Volume (RRv): Reduce the total Water Quality
Volume (WQv) by application of RR techniques and standard
SMPs with RRv capacity. The total WQv is the runoff volume from
the 1-year, 24 hour design storm over the post-developed
watershed and shall be calculated in accordance with the criteria
in Section 10.3 of the Design Manual.
(ii) Minimum RRv and Treatment of Remaining Total WQv:
[[844,2776,1375,2833][12][,I,][Arial]]Construction activities [[1350,2776,1882,2833][12][,,][Arial]] that cannot meet t [[1847,2776,2336,2833][12][,,][Arial]]he criteria in Part
I.C.2.b.(i) of this permit due to [[1553,2833,1923,2890][12][,I,][Arial]]site limitations [[1893,2833,2336,2890][12][,,][Arial]]shall direct runoff
from all newly constructed [[1434,2891,1839,2948][12][,I,][Arial]]impervious areas [[1815,2891,2336,2948][12][,,][Arial]] to a RR technique or
5
(Part I.C.2.b.ii)
standard SMP with RRv capacity unless [[1771,383,2004,440][12][,I,][Arial]]infeasible [[1982,383,2336,440][12][,,][Arial]]. The specific
[[844,440,1180,497][12][,I,][Arial]]site limitations [[1155,440,1775,497][12][,,][Arial]] that prevent the reduction [[1736,440,2336,497][12][,,][Arial]]of 100% of the WQv shall
be documented in the SWPPP. For each [[1775,498,2155,555][12][,I,][Arial]]impervious area [[2133,498,2336,555][12][,,][Arial]] that is
not directed to a RR technique or standard SMP with RRv
capacity, the SWPPP must include documentation which
demonstrates that all options were considered and for each option
explains why it is considered [[1491,728,1752,785][12][,I,][Arial]]infeasible.
In no case shall the runoff reduction achieved from the newly
constructed be less than the Minimum RRv
[[1143,900,1575,957][12][B,I,][Arial]]impervious areas
as calculated using the criteria in Section 10.3 of the Design
Manual.
The remaining portion of the total WQv that cannot be
reduced shall be treated by application of standard SMPs.
(iii) Channel Protection Volume (Cpv): Provide 24 hour extended
detention of the post-developed 1-year, 24-hour storm event;
remaining after runoff reduction. The Cpv requirement does not
apply when:
(1) Reduction of the entire Cpv is achieved by
application of runoff reduction techniques or
infiltration systems, or
(2) The site [[1333,1632,1572,1689][12][,I,][Arial]]discharge [[1550,1632,2336,1689][12][,,][Arial]]s directly to tidal waters, or fifth
order or larger streams.
(iv) Overbank Flood Control Criteria (Qp): Requires storage to
attenuate the post-development 10-year, 24-hour peak [[2069,1846,2308,1903][12][,I,][Arial]]discharge
rate (Qp) to predevelopment rates. The Qp requirement does not
apply when:
(1) the site [[1324,2018,1563,2075][12][,I,][Arial]]discharge [[1541,2018,2336,2075][12][,,][Arial]]s directly to tidal waters or fifth
order or larger streams, or
(2) A downstream analysis reveals that overbank control
is not required.
(v) Extreme Flood Control Criteria (Qf): Requires storage to attenuate
the post-development 100-year, 24-hour peak [[1870,2405,2109,2462][12][,I,][Arial]]discharge [[2087,2405,2336,2462][12][,,][Arial]] rate (Qf)
to predevelopment rates. The Qf requirement does not apply
when:
(1) the site [[1324,2577,1563,2634][12][,I,][Arial]]discharge [[1541,2577,2336,2634][12][,,][Arial]]s directly to tidal waters or fifth
order or larger streams, or
(2) A downstream analysis reveals that overbank control
is not required.
for
[[619,2907,694,2964][12][,I,][Arial]]c. [[675,2907,1034,2964][12][B,I,][Arial]]Sizing Criteria [[1106,2907,1695,2964][12][B,I,][Arial]]Redevelopment Activity
6
(Part I.C.2.c.i)
(i) Water Quality Volume (WQv): The WQv treatment objective for
[[806,440,1333,497][12][,I,][Arial]]redevelopment activity [[1308,440,2336,497][12][,,][Arial]] shall be addressed by one of the following
options.[[1028,498,1642,555][12][,I,][Arial]]Redevelopment activities [[1617,498,2336,555][12][,,][Arial]] located in an Enhanced
Phosphorus Removal Watershed (see Part III.B.3. and Appendix C
of this permit) shall calculate the WQv in accordance with Section
10.3 of the Design Manual. All other [[1629,670,2192,727][12][,I,][Arial]]redevelopment activities [[2167,670,2336,727][12][,,][Arial]] shall
calculate the WQv in accordance with Section 4.2 of the Design
Manual.
(1) Reduce the existing [[1580,900,1992,957][12][,I,][Arial]]impervious cover [[1959,900,2336,957][12][,,][Arial]] by a minimum
of 25% of the total disturbed, [[1806,958,2189,1015][12][,I,][Arial]]impervious area [[2167,958,2336,1015][12][,,][Arial]]. The
Soil Restoration criteria in Section 5.1.6 of the Design
Manual must be applied to all newly created pervious
areas, or
(2) Capture and treat a minimum of 25% of the WQv from
the disturbed, [[1450,1245,1832,1302][12][,I,][Arial]]impervious area [[1810,1245,2336,1302][12][,,][Arial]] by the application of
standard SMPs; or reduce 25% of the WQv from the
disturbed,[[1362,1360,1744,1417][12][,I,][Arial]]impervious area [[1722,1360,2336,1417][12][,,][Arial]] by the application of RR
techniques or standard SMPs with RRv capacity., or
(3) Capture and treat a minimum of 75% of the WQv from
the disturbed, [[1488,1533,1889,1590][12][,I,][Arial]]impervious area [[1866,1533,2336,1590][12][,,][Arial]] as well as any
additional runoff from tributary areas by application of
the alternative practices discussed in Sections 9.3
and 9.4 of the Design Manual., or
(4) Application of a combination of 1, 2 and 3 above that
provide a weighted average of at least two of the
above methods. Application of this method shall be
in accordance with the criteria in Section 9.2.1(B) (IV)
of the Design Manual.
If there is an existing post-construction stormwater management
practice located on the site that captures and treats runoff from the
[[806,2222,1186,2279][12][,I,][Arial]]impervious area [[1164,2222,1741,2279][12][,,][Arial]] that is being disturbed, [[1708,2222,2335,2279][12][,,][Arial]]the WQv treatment option
selected must, at a minimum, provide treatment equal to the
treatment that was being provided by the existing practice(s) if that
treatment is greater than the treatment required by options 1 – 4
above.
(ii) Channel Protection Volume (Cpv): Not required if there are no
changes to hydrology that increase the [[1753,2625,1991,2682][12][,I,][Arial]]discharge [[1970,2625,2336,2682][12][,,][Arial]] rate from the
project site.
(iii) Overbank Flood Control Criteria (Qp): Not required if there are no
changes to hydrology that increase the [[1753,2855,1991,2912][12][,I,][Arial]]discharge [[1970,2855,2336,2912][12][,,][Arial]] rate from the
project site.
7
(Part I.C.2.c.iv)
(iv) Extreme Flood Control Criteria (Qf): Not required if there are no
changes to hydrology that increase the [[1754,440,1992,497][12][,I,][Arial]]discharge [[1970,440,2336,497][12][,,][Arial]] rate from the
project site.
for Combination of and
[[619,613,697,670][12][,I,][Arial]]d. [[675,613,1035,670][12][B,I,][Arial]]Sizing Criteria [[1495,613,2086,670][12][B,I,][Arial]]Redevelopment Activity [[2184,613,2298,670][12][B,I,][Arial]]New
[[675,670,1039,727][12][B,I,][Arial]]Development
Construction projects that include both [[1775,785,2222,842][12][,I,][Arial]]New Development [[2186,785,2336,842][12][,,][Arial]] and
[[900,843,1491,900][12][,I,][Arial]]Redevelopment Activity [[1466,843,2336,900][12][,,][Arial]] shall provide post-construction
stormwater management controls that meet the [[1990,900,2308,957][12][,I,][Arial]]sizing criteria
calculated as an aggregate of the [[1646,958,1978,1015][12][,I,][Arial]]Sizing Criteria [[1956,958,2336,1015][12][,,][Arial]] in Part I.C.2.a.
or b. of this permit for the [[1535,1015,1989,1072][12][,I,][Arial]]New Development [[1953,1015,2336,1072][12][,,][Arial]] portion of the
project and Part I.C.2.c of this permit for [[1936,1073,2322,1130][12][,I,][Arial]]Redevelopment
[[900,1130,1083,1187][12][,I,][Arial]]Activity [[1058,1130,1592,1187][12][,,][Arial]] portion of the project.
D. Maintaining Water Quality
The Department expects that compliance with the conditions of this permit will
control[[614,1360,853,1417][12][,I,][Arial]]discharge [[830,1360,1566,1417][12][,,][Arial]]s necessary to meet applicable [[1530,1360,2069,1417][12][,I,][Arial]]water quality standards
[[2044,1360,2336,1417][12][,,][Arial]]. It shall be
a violation of the [[837,1418,984,1475][12][,I,][Arial]]ECL [[951,1418,2336,1475][12][,,][Arial]]for any discharge to either cause or contribute to a violation
of[[510,1475,1082,1532][12][,I,][Arial]]water quality standards [[1050,1475,2335,1532][12][,,][Arial]]as contained in Parts 700 through 705 of Title 6 of the
Official Compilation of Codes, Rules and Regulations of the State of New York, such
as:
There shall be no increase in turbidity that will cause a substantial visible
contrast to natural conditions;
There shall be no increase in suspended, colloidal or settleable solids that
will cause deposition or impair the waters for their best usages; and
There shall be no residue from oil and floating substances, nor visible oil
film, norglobules of grease.
If there is evidence indicating that the stormwater [[1615,2257,1853,2314][12][,I,][Arial]]discharge [[1831,2257,2336,2314][12][,,][Arial]]s authorized by this
permit are causing, have the reasonable potential to cause, or are contributing to a
violation of the [[782,2372,1318,2429][12][,I,][Arial]]water quality standards [[1293,2372,1439,2429][12][,,][Arial]]; the [[1402,2372,1827,2429][12][,I,][Arial]]owner or operator [[1793,2372,2336,2
429][12][,,][Arial]] must take appropriate
corrective action in accordance with Part IV.C.5. of this general permit and document
in accordance with Part IV.C.4. of this general permit. To address the [[2005,2487,2336,2544][12][,I,][Arial]]water quality
[[450,2545,667,2602][12][,I,][Arial]]standard [[645,2545,972,2602][12][,,][Arial]] violation the [[935,2545,1376,2602][12][,I,][Arial]]owner or operator [[1338,2545,2336,2602][12][,,][Arial]]may
need to provide additional information,
include and implement appropriate controls in the SWPPP to correct the problem,
or obtain an individual SPDES permit.
If there is evidence indicating that despite compliance with the terms and conditions
of this general permit it is demonstrated that the stormwater [[1796,2832,2035,2889][12][,I,][Arial]]discharge [[2012,2832,2336,2889][12][,,][Arial]]s authorized
by this permit are causing or contributing to a violation of [[1703,2890,2240,2947][12][,I,][Arial]]water quality standards [[2215,2890,2336,2947][12][,,][Arial]], or
8
(Part I.D)
if the Department determines that a modification of the permit is necessary to
prevent a violation of [[959,440,1515,497][12][,I,][Arial]]water quality standards [[1490,440,1902,497][12][,,][Arial]], the authorized [[1874,440,2113,497][12][,I,][Arial]]discharge
[[2091,440,2336,497][12][,,][Arial]]s will no
longer be eligible for coverage under this permit. The Department may require the
[[450,555,878,612][12][,I,][Arial]]owner or operator [[845,555,1576,612][12][,,][Arial]] to obtain an individual SPDES [[1540,555,2271,612][12][,,][Arial]]permit to continue discharging.
E. Eligibility Under This General Permit
This permit may authorize all [[1313,785,1580,842][12][,I,][Arial]]discharges [[1554,785,2048,842][12][,,][Arial]] of stormwater from [[2017,785,2308,842][12][,I,][Arial]]construction
[[638,843,816,900][12][,I,][Arial]]activity [[802,843,866,900][12][,,][Arial]]to [[855,843,1203,900][12][,I,][Arial]]surface waters [[1190,843,1463,900][12][,I,][Arial]]of the State
[[1441,843,1586,900][12][,,][Arial]] and [[1548,843,1876,900][12][,I,][Arial]]groundwaters [[1851,843,2336,900][12][,,][Arial]] except for ineligible
[[637,900,903,957][12][,I,][Arial]]discharges [[879,900,1507,957][12][,,][Arial]] identified under subparagr [[1474,900,1932,957][12][,,][Arial]]aph F. of this Part.
Except for non-stormwater [[1229,1065,1495,1122][12][,I,][Arial]]discharges [[1470,1065,2336,1122][12][,,][Arial]] explicitly listed in the next paragraph,
this permit only authorizes stormwater [[1603,1123,1842,1180][12][,I,][Arial]]discharge [[1820,1123,2031,1180][12][,,][Arial]]s from [[2017,1123,2308,1180][12][,I,][Arial]]construction
[[638,1180,854,1237][12][,I,][Arial]]activities [[829,1180,879,1237][12][,,][Arial]].
Notwithstanding paragraphs E.1 and E.2 above, the following non-
stormwater[[902,1403,1169,1460][12][,I,][Arial]]discharges [[1143,1403,1960,1460][12][,,][Arial]] may be authorized by this permit: [[1928,1403,2167,1460][12][,I,][Arial]]discharge
[[2144,1403,2336,1460][12][,,][Arial]]s from
firefighting activities; fire hydrant flushings; waters to which cleansers or
other components have not been added that are used to wash vehicles or
control dust in accordance with the SWPPP, routine external building
washdown which does not use detergents; pavement washwaters where
spills or leaks of toxic or hazardous materials have not occurred (unless all
spilled material has been removed) and where detergents are not used; air
conditioning condensate; uncontaminated [[1612,1805,1923,1862][12][,I,][Arial]]groundwater [[1890,1805,2336,1862][12][,,][Arial]] or spring water;
uncontaminated[[1009,1863,1248,1920][12][,I,][Arial]]discharge [[1226,1863,2336,1920][12][,,][Arial]]s from construction site de-watering operations;
and foundation or footing drains where flows are not contaminated with
process materials such as solvents. For those entities required to obtain
coverage under this permit, and who [[1462,2035,1701,2092][12][,I,][Arial]]discharge [[1679,2035,2336,2092][12][,,][Arial]] as noted in this paragraph,
and with the exception of flows from firefighting activities, these [[2045,2092,2284,2149][12][,I,][Arial]]discharge [[2261,2092,2311,2149][12][,,][Arial]]s
must be identified in the SWPPP. Under all circumstances, the [[2086,2150,2336,2207][12][,I,][Arial]]owner or
[[637,2207,857,2264][12][,I,][Arial]]operator [[843,2207,1379,2264][12][,,][Arial]]must still comply with [[1349,2207,1899,2264][12][,I,][Arial]]water quality standards [[1875,2207,2336,2264][12][,,
][Arial]] in Part I.D of this
permit.
The [[742,2430,1196,2487][12][,I,][Arial]]owner or operator [[1164,2430,1954,2487][12][,,][Arial]]must maintain permit eligibility to [[1923,2430,2162,2487][12][,I,][Arial]]discharge
[[2140,2430,2336,2487][12][,,][Arial]] under
this permit. Any [[1065,2487,1331,2544][12][,I,][Arial]]discharges [[1306,2487,1892,2544][12][,,][Arial]] that are not compliant [[1856,2487,2336,2544][12][,,][Arial]] with the eligibility
conditions of this permit are not authorized by the permit and the [[2091,2545,2337,2602][12][,I,][Arial]]owner or
[[637,2602,857,2659][12][,I,][Arial]]operator [[843,2602,2336,2659][12][,,][Arial]]must either apply for a separate permit to cover those ineligible
[[637,2660,903,2717][12][,I,][Arial]]discharges [[879,2660,1828,2717][12][,,][Arial]] or take steps necessary to make the [[1804,2660,2043,2717][12][,I,][Arial]]discharge [[2021,2660,2336,2717][12][
,,][Arial]] eligible for
coverage.
F. Activities Which Are Ineligible for Coverage Under This General Permit
not
All of the following are authorized by this permit:
9
(Part I.F)
[[638,440,885,497][12][,I,][Arial]]Discharge [[862,440,1055,497][12][,,][Arial]]s after [[1023,440,1526,497][12][,I,][Arial]]construction activities [[1501,440,2336,497][12][,,][Arial]]
have been completed and the site
has undergone [[985,498,1374,555][12][,I,][Arial]]final stabilization [[1352,498,1402,555][12][,,][Arial]];
[[638,605,885,662][12][,I,][Arial]]Discharge [[862,605,1592,662][12][,,][Arial]]s that are mixed with sources of [[1556,605,1966,662][12][,,][Arial]] non-stormwater [[1928,605,2335,662][12][,,][Aria
l]]other than those
expressly authorized under subsection E.3. of this Part and identified in the
SWPPP required by this permit;
[[638,828,913,885][12][,I,][Arial]]Discharges [[888,828,1641,885][12][,,][Arial]] that are required to obtain an [[1619,828,2336,885][12][,,][Arial]] individual SPDES permit or
another SPDESgeneral permit pursuant to Part VII.K. of this permit;
[[638,993,1152,1050][12][,I,][Arial]]Construction activities [[1126,993,1254,1050][12][,,][Arial]] or [[1221,993,1487,1050][12][,I,][Arial]]discharges [[1463,993,1630,1050][12][,,][Arial]]
from [[1597,993,2124,1050][12][,I,][Arial]]construction activities [[2091,993,2336,1050][12][,,][Arial]]that may
adversely affect an endangered or threatened species unless the [[2091,1050,2336,1107][12][,I,][Arial]]owner or
[[638,1108,857,1165][12][,I,][Arial]]operator [[824,1108,1614,1165][12][,,][Arial]] has obtained a permit issued pur [[1581,1108,2336,1165][12][,,][Arial]]suant to 6 NYCRR Part 182 for
the project or the Department has issued a letter of non-jurisdiction for the
project. All documentation necessary to demonstrate eligibility shall be
maintained on site in accordance with Part II.C.2 of this permit.
[[638,1388,913,1445][12][,I,][Arial]]Discharges [[888,1388,1055,1445][12][,,][Arial]] which [[1049,1388,2035,1445][12][,,][Arial]]either cause or contribute to a violation of [[2002,1388,2336,1445][
12][,I,][Arial]]water quality
[[638,1445,882,1502][12][,I,][Arial]]standards [[871,1445,1449,1502][12][,,][Arial]]adopted pursuant to the [[1413,1445,1532,1502][12][,I,][Arial]]ECL [[1510,1445,2330,1502][12][,,][Arial]]
and its accompanying regulations;
[[638,1553,1149,1610][12][,I,][Arial]]Construction activities [[1124,1553,2336,1610][12][,,][Arial]] for residential, commercial and institutional projects:
a. Where the [[942,1660,1181,1717][12][,I,][Arial]]discharge [[1159,1660,1454,1717][12][,,][Arial]]s from the [[1429,1660,1941,1717][12][,I,][Arial]]construction activities [[1941,1660,2336,1717][12
][,,][Arial]]are tributary to
waters of the state classified as AA or AA-s; and
b. Which disturb one or more acres of landwith no existing [[1897,1833,2305,1890][12][,I,][Arial]]impervious cover [[2272,1833,2322,1890][12][,,][Arial]];
and
c. Which are undertaken on land with a Soil Slope Phase that is identified as
an E or F, or the map unit name is inclusive of 25% or greater slope, on
the United States Department of Agriculture (“USDA”) Soil Survey for the
County where the disturbance will occur.
[[638,2292,1159,2349][12][,I,][Arial]]Construction activities [[1134,2292,2336,2349][12][,,][Arial]] for linear transportation projects and linear utility
projects:
a. Where the [[942,2457,1181,2514][12][,I,][Arial]]discharge [[1159,2457,1454,2514][12][,,][Arial]]s from the [[1429,2457,1941,2514][12][,I,][Arial]]construction activities [[1941,2457,2336,2514][12
][,,][Arial]]are tributary to
waters of the state classified as AA or AA-s; and
b. Whichdisturb two or more acres of land with no existing [[1897,2630,2306,2687][12][,I,][Arial]]impervious cover [[2272,2630,2322,2687][12][,,][Arial]];
and
c. Which are undertaken on land with a Soil Slope Phase that isidentified as
an E or F, or the map unit name is inclusive of 25% or greater slope, on
the USDA Soil Survey for the County where the disturbance will occur.
10
(Part I.F.8)
[[638,440,1150,497][12][,I,][Arial]]Construction activities [[1125,440,1950,497][12][,,][Arial]] that have the potential to affect an [[1915,440,2297,497][12][,I,][Arial]]historic property
[[2272,440,2322,497][12][,,][Arial]],
unless there is documentation that such impacts have been resolved. The
following documentation necessary to demonstrate eligibility with this
requirement shall be maintained on site in accordance with Part II.C.2 of
this permit and made available to the Department in accordance with Part
VII.F of this permit:
a. Documentation that the [[1318,835,1817,892][12][,I,][Arial]]construction activity [[1792,835,2336,892][12][,,][Arial]] is not within an
archeologically sensitive area indicated on the sensitivity map, and that
the[[765,950,1233,1007][12][,I,][Arial]]construction activity [[1208,950,2336,1007][12][,,][Arial]] is not located on or immediately adjacent to a
property listed or determined to be eligible for listing on the National or
State Registers of Historic Places, and that there is no new permanent
building on the construction site within the following distances from a
building, structure, or object that is more than 50 years old, or if there is
such a new permanent building on the construction site within those
parameters that NYS Office of Parks, Recreation and Historic
Preservation (OPRHP), a Historic Preservation Commission of a Certified
Local Government, or a qualified preservation professional has
determined that the building, structure, or object more than 50 years old
is not historically/archeologically significant.
1-5 acres of disturbance - 20 feet
5-20 acres of disturbance - 50 feet
20+ acres of disturbance - 100 feet, or
b. DEC consultation form sent to OPRHP, and copied to the NYS DEC
Agency Historic Preservation Officer (APO), and
(i) the State Environmental Quality Review (SEQR) Environmental
Assessment Form (EAF) with a negative declaration or the
Findings Statement, with documentation of OPRHP’s agreement
with the resolution; or
(ii) documentation from OPRHP that the [[1740,2215,2214,2272][12][,I,][Arial]]construction activity [[2190,2215,2336,2272][12][,,][Arial]] will
result in No Impact; or
(iii) documentation from OPRHP providing a determination of No
Adverse Impact; or
(iv) a Letter of Resolution signed by the owner/operator, OPRHP and
the DEC APO which allows for this [[1695,2502,2166,2559][12][,I,][Arial]]construction activity [[2141,2502,2336,2559][12][,,][Arial]] to be
eligible for coverage under the general permit in terms of the State
Historic Preservation Act (SHPA); or
c. Documentation of satisfactory compliance with Section 106 of the
National Historic Preservation Act for a coterminous project area:
(i) No Affect
(ii) No Adverse Affect
11
(Part I.F.8.c.iii)
(iii) Executed Memorandum of Agreement, or
d. Documentation that:
(i) SHPA Section 14.09 has been completed by NYS DEC or another
state agency.
[[638,728,885,785][12][,I,][Arial]]Discharge [[862,728,1066,785][12][,,][Arial]]s from [[1045,728,1559,785][12][,I,][Arial]]construction activities [[1534,728,2336,785][12][,,][Arial]]
that are subject to an existing
SPDES individual or general permit where a SPDES permit for [[2017,785,2308,842][12][,I,][Arial]]construction
[[637,843,815,900][12][,I,][Arial]]activity [[790,843,1834,900][12][,,][Arial]] has been terminated or denied; or where the [[1798,843,2225,900][12][,I,][Arial]]owner or operator [[2192,843,2336,900
][12][,,][Arial]] has
failed to renew an expired individual permit.
Part II. OBTAINING PERMIT COVERAGE
A.Notice of Intent (NOI) Submittal
An [[720,1295,1162,1352][12][,I,][Arial]]owner or operator [[1128,1295,1289,1352][12][,,][Arial]] of a [[1260,1295,1753,1352][12][,I,][Arial]]construction activity [[1724,1295,2025,1352][12][,,][A
rial]]that is not s [[2000,1295,2336,1352][12][,,][Arial]]ubject to the
requirements of a [[1069,1353,2101,1410][12][,I,][Arial]]regulated, traditional land use control MS4 [[2074,1353,2336,1410][12][,,][Arial]]must first
prepare a SWPPP in accordance with all applicable requirements of this
permit and then submit a completed NOI form to the Department in order to
be authorized to [[1026,1525,1265,1582][12][,I,][Arial]]discharge [[1262,1525,1790,1582][12][,,][Arial]]under this permit. An [[1759,1525,2198,1582][12][,I,][Arial]]owner or operator
[[2164,1525,2336,1582][12][,,][Arial]] shall
use either the electronic (eNOI) or paper version of the NOI that the
Department prepared. Both versions of the NOI are located on the
Department’s website (http://www.dec.ny.gov/ ). The paper version of the
NOI shall be signed in accordance with Part VII.H. of this permit and
submitted to the following address.
NOTICE OF INTENT
NYS DEC, Bureau of Water Permits
th
625 Broadway, 4 Floor
Albany, New York 12233-3505
An [[727,2265,1183,2322][12][,I,][Arial]]owner or operator [[1151,2265,1327,2322][12][,,][Arial]] of a [[1305,2265,1805,2322][12][,I,][Arial]]construction activity [[1784,2265,2336,2322][12][,,][A
rial]]that is subject to the
requirements of a [[1069,2322,2101,2379][12][,I,][Arial]]regulated, traditional land use control MS4 [[2074,2322,2350,2379][12][,,][Arial]]must first
prepare a SWPPP in accordance with all applicable requirements of this
permit and then have its SWPPP reviewed and accepted by the [[2064,2437,2336,2494][12][,I,][Arial]]regulated,
[[638,2495,1437,2552][12][,I,][Arial]]traditional land use control MS4 [[1415,2495,2336,2552][12][,,][Arial]] prior to submitting the NOI to the
Department. The [[1074,2552,1549,2609][12][,I,][Arial]]owner or operator [[1517,2552,2336,2609][12][,,][Arial]] shall have the “MS4 SWPPP
Acceptance” form signed in accordance with Part VII.H., and then submit
that form along with a completed NOI to the Department. An [[2082,2667,2336,2724][12][,I,][Arial]]owner or
[[638,2725,857,2782][12][,I,][Arial]]operator [[824,2725,1566,2782][12][,,][Arial]] shall use either the electronic (e [[1544,2725,2331,2782][12][,,][Arial]]NOI) or paper version of
the NOI.
The paper version of the NOI shall be signed in accordance with Part VII.H.
of this permit and submitted to the address in Part II.A.1.
12
(Part II.A.2)
The requirement for an [[1155,383,1580,440][12][,I,][Arial]]owner or operator [[1547,383,2337,440][12][,,][Arial]] to have its SWPPP reviewed and
accepted by the [[1016,440,1141,497][12][,I,][Arial]]MS4 [[1119,440,1678,497][12][,,][Arial]] prior to submitting the [[1646,440,2336,497][12][,,][Arial]]NOI to the Department does
not apply to an [[1020,498,1468,555][12][,I,][Arial]]owner or operator [[1436,498,1880,555][12][,,][Arial]] that is obtaining [[1854,498,2336,555][12][,,][Arial]]permit coverage in
accordance with the requirements in Part II.E. (Change of [[2065,555,2336,612][12][,I,][Arial]]Owner or
[[638,613,869,670][12][,I,][Arial]]Operator [[835,613,1196,670][12][,,][Arial]]) or where the [[1161,613,1591,670][12][,I,][Arial]]owner or operator [[1558,613,1749,670][12][,,][Arial]]
of the [[1714,613,2176,670][12][,I,][Arial]]construction activity [[2151,613,2336,670][12][,,][Arial]] is the
[[638,670,1141,727][12][,I,][Arial]]regulated, traditional [[1105,670,1597,727][12][,I,][Arial]]land use control MS4 [[1574,670,1624,727][12][,,][Arial]].
The [[741,785,1192,842][12][,I,][Arial]]owner or operator [[1159,785,1766,842][12][,,][Arial]]shall have the SWPPP pr [[1732,785,2336,842][12][,,][Arial]]eparer sign the “SWPPP
Preparer Certification” statement on the NOI prior to submitting the form to
the Department.
As of the date the NOI is submitted to the Department, the [[1898,1065,2336,1122][12][,I,][Arial]]owner or operator
shall make the NOI and SWPPP available for review and copying in
accordance with the requirements in Part VII.F. of this permit.
B. Permit Authorization
An [[718,1403,1157,1460][12][,I,][Arial]]owner or operator [[1123,1403,1384,1460][12][,,][Arial]] shall not [[1353,1403,2108,1460][12][,I,][Arial]]commence construction activity [[2078,1403,2336,1
460][12][,,][Arial]]until their
authorization to [[993,1460,1232,1517][12][,I,][Arial]]discharge [[1210,1460,2013,1517][12][,,][Arial]] under this permit goes into effect.
Authorization to [[992,1568,1231,1625][12][,I,][Arial]]discharge [[1209,1568,2189,1625][12][,,][Arial]] under this permit will be effective when the [[2150,1568,2336,1625][12][,I,][Arial]]owner
[[637,1625,932,1682][12][,I,][Arial]]or operator [[896,1625,1813,1682][12][,,][Arial]]has satisfied all of the following criteria:
a. project review pursuant to the State Environmental Quality Review Act
(“SEQRA”) have been satisfied, when SEQRA is applicable. See the
Department’s website (http://www.dec.ny.gov/) for more information,
b. where required, all necessary Department permits subject to the [[2111,1963,2336,2020][12][,I,][Arial]]Uniform
[[675,2020,1261,2077][12][,I,][Arial]]Procedures Act (“UPA”) [[1231,2020,2336,2077][12][,,][Arial]](see 6 NYCRR Part 621) have been obtained,
unless otherwise notified by the Department pursuant to 6 NYCRR
621.3(a)(4).[[969,2135,1488,2192][12][,I,][Arial]]Owners or operators [[1463,2135,1588,2192][12][,,][Arial]] of [[1571,2135,2115,2192][12][,I,][Arial]]construction activities [[2098,2135,2336,2192]
[12][,,][Arial]]that are
required to obtain [[1081,2192,1200,2249][12][,I,][Arial]]UPA [[1184,2192,1388,2249][12][,,][Arial]] permits [[1377,2192,1799,2249][12][,,][Arial]]must submit a pre [[1778,2192,2336,2249][12][,,][Ari
al]]liminary SWPPP to the
appropriate DEC Permit Administrator at the Regional Office listed in
Appendix F at the time all other necessary [[1655,2307,1774,2364][12][,I,][Arial]]UPA [[1757,2307,2336,2364][12][,,][Arial]] permit applications are
submitted. The preliminary SWPPP must include sufficient information to
demonstrate that the [[1144,2422,1629,2479][12][,I,][Arial]]construction activity [[1592,2422,2336,2479][12][,,][Arial]]qualifies for authorization under
this permit,
c. the final SWPPP has been prepared, and
d. a complete NOI has been submitted to the Department in accordance with
the requirements of this permit.
An [[709,2882,1147,2939][12][,I,][Arial]]owner or operator [[1107,2882,2336,2939][12][,,][Arial]]that has satisfied the requirements of Part II.B.2 above
13
(Part II.B.3)
will be authorized to [[1089,383,1328,440][12][,I,][Arial]]discharge [[1306,383,1838,440][12][,,][Arial]] stormwater from their [[1800,383,2284,440][12][,I,][Arial]]construction activity
[[2247,383,2308,440][12][,,][Arial]]in
accordance with the following schedule:
a. For [[770,555,1276,612][12][,I,][Arial]]construction activities [[1251,555,1798,612][12][,,][Arial]] that are not subject to [[1776,555,2336,612][12][,,][Arial]] the requirements
of a
[[675,613,1178,670][12][,I,][Arial]]regulated, traditional [[1142,613,1634,670][12][,I,][Arial]]land use control MS4 [[1612,613,1662,670][12][,,][Arial]]:
(i) Five (5) business days from the date the Department receives a
complete electronic version of the NOI (eNOI) for [[2016,785,2308,842][12][,I,][Arial]]construction
[[806,843,1022,900][12][,I,][Arial]]activities [[998,843,1614,900][12][,,][Arial]] with a SWPPP that has [[1585,843,2336,900][12][,,][Arial]]been prepared in conformance
with the design criteria in the technical standard referenced in Part
III.B.1 and the [[1190,958,1676,1015][12][,I,][Arial]]performance criteria [[1653,958,2336,1015][12][,,][Arial]] in the technical standard
referenced in Parts III.B., 2 or 3, for [[1691,1015,2202,1072][12][,I,][Arial]]construction activities [[2178,1015,2337,1072][12][,,][Arial]] that
require post-construction stormwater management practices
pursuant to Part III.C.; or
(ii) Sixty (60) business days from the date the Department receives a
complete NOI (electronic or paper version) for [[2017,1303,2308,1360][12][,I,][Arial]]construction
[[844,1360,1060,1417][12][,I,][Arial]]activities [[1035,1360,2336,1417][12][,,][Arial]] with a SWPPP that has not been prepared in
conformance with the design criteria in technical standard
referenced in Part III.B.1. or, for [[1549,1475,2047,1532][12][,I,][Arial]]construction activities [[2022,1475,2336,1532][12][,,][Arial]] that require
post-construction stormwater management practices pursuant to
Part III.C., the [[1211,1590,1692,1647][12][,I,][Arial]]performance criteria [[1670,1590,2336,1647][12][,,][Arial]] in the technical standard
referenced in Parts III.B., 2 or 3, or;
(iii) Ten (10) business days from the date the Department receives a
complete paper version of the NOI for [[1705,1820,2207,1877][12][,I,][Arial]]construction activities [[2181,1820,2336,1877][12][,,][Arial]] with
a SWPPP that has been prepared in conformance with the design
criteria in the technical standard referenced in Part III.B.1 and the
[[844,1992,1339,2049][12][,I,][Arial]]performance criteria [[1304,1992,2336,2049][12][,,][Arial]]in the technical standard referenced in Parts
III.B., 2 or 3, for [[1323,2050,1847,2107][12][,I,][Arial]]construction activities [[1822,2050,2319,2107][12][,,][Arial]] that require post-
construction stormwater management practices pursuant to Part
III.C.
b. For [[779,2280,1294,2337][12][,I,][Arial]]construction activities [[1269,2280,1790,2337][12][,,][Arial]] that are subject to [[1769,2280,2336,2337][12][,,][Arial]]the requirements
of a
[[675,2337,1178,2394][12][,I,][Arial]]regulated, traditional [[1142,2337,1634,2394][12][,I,][Arial]]land use control MS4 [[1612,2337,1662,2394][12][,,][Arial]]:
(i) Five (5) business days from the date the Department receives both
a complete electronic version of the NOI (eNOI) and signed “[[2183,2510,2308,2567][12][,I,][Arial]]MS4
SWPPP Acceptance” form, or
(ii) Ten (10) business days from the date the Department receives
both a complete paper version of the NOI and signed “MS4
SWPPP Acceptance” form.
The Department may suspend or deny an [[1592,2912,2089,2969][12][,I,][Arial]]owner’s or operator’s [[2064,2912,2336,2969][12][,,][Arial]] coverage
14
(Part II.B.4)
under this permit if the Department determines that the SWPPP does not
meet the permit requirements. In accordance with statute, regulation, and
the terms and conditions of this permit, the Department may deny coverage
under this permit and require submittal of an application for an individual
SPDES permit based on a review of the NOI or other information pursuant
to Part II.
Coverage under this permit authorizes stormwater [[1809,835,2075,892][12][,I,][Arial]]discharges [[2050,835,2336,892][12][,,][Arial]] from only
those areas of disturbance that are identified in the NOI. If an [[2085,893,2336,950][12][,I,][Arial]]owner or
[[638,950,857,1007][12][,I,][Arial]]operator [[824,950,1506,1007][12][,,][Arial]] wishes to have stormwater [[1476,950,1742,1007][12][,I,][Arial]]discharges [[1738,950,2336,1007][12][,,][Arial]]from
future or additional
areas of disturbance authorized, they must submit a new NOI that
addresses that phase of the development, unless otherwise notified by the
Department. The [[1057,1123,1515,1180][12][,I,][Arial]]owner or operator [[1483,1123,1763,1180][12][,,][Arial]] shall not [[1742,1123,2336,1180][12][,I,][Arial]]commence construction
[[638,1180,816,1237][12][,I,][Arial]]activity [[802,1180,2108,1237][12][,,][Arial]]on the future or additional areas until their authorization to [[2069,1180,2308,1237][12][,I,][Arial]]discharge
under this permit goes into effect in accordance with Part II.B. of this permit.
C. General Requirements For Owners or Operators With Permit Coverage
The [[740,1518,1190,1575][12][,I,][Arial]]owner or operator [[1157,1518,1709,1575][12][,,][Arial]]shall ensure that the pr [[1676,1518,2337,1575][12][,,][Arial]]ovisions of the SWPPP
are
implemented from the [[1129,1575,2009,1632][12][,I,][Arial]]commencement of construction activity [[1984,1575,2336,1632][12][,,][Arial]] until all areas
of disturbance have achieved [[1402,1633,1816,1690][12][,I,][Arial]]final stabilization [[1794,1633,2336,1690][12][,,][Arial]] and the Notice of
Termination (“NOT”) has been submitted to the Department in accordance
with Part V. of this permit. This includes any changes made to the SWPPP
pursuant to Part III.A.4. of this permit.
The [[739,1913,1170,1970][12][,I,][Arial]]owner or operator [[1137,1913,1718,1970][12][,,][Arial]] shall maintain a copy of [[1682,1913,2010,1970][12][,,][Arial]] the General [[1976,1913,2319,1970]
[12][,,][Arial]]Permit (GP-0-
15-002), NOI, [[1004,1970,1712,2027][12][,I,][Arial]]NOI Acknowledgment Letter [[1679,1970,2337,2027][12][,,][Arial]], SWPPP, MS4 SWPPP
Acceptance form, inspection reports, and all documentation necessary to
demonstrate eligibility with this permit at the construction site until all
disturbed areas have achieved [[1359,2143,1782,2200][12][,I,][Arial]]final stabilization [[1753,2143,2336,2200][12][,,][Arial]]and the NOT has been
submitted to the Department. The documents must be maintained in a
secure location, such as a job trailer, on-site construction office, or mailbox
with lock. The secure location must be accessible during normal business
hours to an individual performing a compliance inspection.
The [[744,2480,1201,2537][12][,I,][Arial]]owner or operator [[1171,2480,1311,2537][12][,,][Arial]]of a [[1281,2480,1748,2537][12][,I,][Arial]]construction activity [[1724,2480,2336,2537][12][,,][A
rial]] shall not disturb greater
than five (5) acres of soil at any one time without prior written authorization
from the Department or, in areas under the jurisdiction of a [[2064,2595,2322,2652][12][,I,][Arial]]regulated,
[[639,2653,1409,2710][12][,I,][Arial]]traditional land use control MS4, [[1375,2653,1467,2710][12][,,][Arial]]the [[1460,2653,2336,2710][12][,I,][Arial]]regulated, traditional land
use control
[[639,2710,764,2767][12][,I,][Arial]]MS4 [[742,2710,1111,2767][12][,,][Arial]] (provided the [[1081,2710,2072,2767][12][,I,][Arial]]regulated, traditional land use control MS4 [[2050,2710,2336,2767]
[12][,,][Arial]] is not the
[[639,2768,1084,2825][12][,I,][Arial]]owner or operator [[1048,2768,1223,2825][12][,,][Arial]]of the [[1186,2768,1647,2825][12][,I,][Arial]]construction activity [[1623,2768,2120,2825][12][,,][Aria
l]]). At a minimum, the [[2084,2768,2329,2825][12][,I,][Arial]]owner or
[[637,2825,857,2882][12][,I,][Arial]]operator [[854,2825,1576,2882][12][,,][Arial]]must comply with the followi [[1536,2825,2336,2882][12][,,][Arial]]ng requirements in order to be
authorized to disturb greater than five (5) acres of soil at any one time:
a. The [[775,2940,1203,2997][12][,I,][Arial]]owner or operator [[1170,2940,1326,2997][12][,,][Arial]] shall
15
(Part II.C.3.a)
at least
have a [[839,383,1292,440][12][,I,][Arial]]qualified inspector [[1256,383,1467,440][12][,,][Arial]]conduct [[1631,383,2242,440][12][,,][Arial]]two (2) site inspections in
accordance with Part IV.C. of this permit every seven (7) calendar days,
for as long as greater than five (5) acres of soil remain disturbed. The
two (2) inspections shall be separated by a minimum of two (2) full
calendar days.
b. In areas where soil disturbance activity has temporarily or permanently
ceased, the application of soil stabilization measures must be initiated by
the end of the next business day and completed within seven (7) days
from the date the current soil disturbance activity ceased. The soil
stabilization measures selected shall be in conformance with the technical
standard, New York State Standards and Specifications for Erosion and
Sediment Control, dated November 2016.
c. The [[773,1188,1196,1245][12][,I,][Arial]]owner or operator [[1162,1188,1774,1245][12][,,][Arial]] shall prepare a phasing pl [[1736,1188,2337,1245][12][,,][Arial]]an that defines
maximum
disturbed area per phase and shows required cuts and fills.
d. The [[780,1360,1218,1417][12][,I,][Arial]]owner or operator [[1185,1360,1796,1417][12][,,][Arial]] shall install any additiona [[1774,1360,2335,1417][12][,,][Arial]]l site specific
practices
needed to protect water quality.
e. The [[788,1533,1241,1590][12][,I,][Arial]]owner or operator [[1207,1533,2336,1590][12][,,][Arial]] shall include the requirements above in their
SWPPP.
In accordance with statute, regulations, and the terms and conditions of this
permit, the Department may suspend or revoke an [[1808,1763,2310,1820][12][,I,][Arial]]owner’s or operator’s
coverage under this permit at any time if the Department determines that
the SWPPP does not meet the permit requirements. Upon a finding of
significant non-compliance with the practices described in the SWPPP or
violation of this permit, the Department may order an immediate stop to all
activity at the site until the non-compliance is remedied. The stop work order
shall be in writing, describe the non-compliance in detail, and be sent to the
[[638,2165,1066,2222][12][,I,][Arial]]owner or operator [[1032,2165,1082,2222][12][,,][Arial]].
For [[745,2272,1263,2329][12][,I,][Arial]]construction activities [[1239,2272,2336,2329][12][,,][Arial]] that are subject to the requirements of a
[[638,2330,1641,2387][12][,I,][Arial]]regulated, traditional land use control MS4 [[1619,2330,1775,2387][12][,,][Arial]], the [[1748,2330,2193,2387][12][,I,][Arial]]owner or operator
[[2161,2330,2336,2387][12][,,][Arial]] shall
notify the [[879,2387,1899,2444][12][,I,][Arial]]regulated, traditional land use control MS4 [[1876,2387,2336,2444][12][,,][Arial]] in writing of any
planned amendments or modifications to the post-construction stormwater
management practice component of the SWPPP required by Part III.A. 4.
and 5. of this permit. Unless otherwise notified by the [[1832,2560,2336,2617][12][,I,][Arial]]regulated, traditional
[[638,2617,1172,2674][12][,I,][Arial]]land use control MS4 [[1150,2617,1312,2674][12][,,][Arial]], the [[1290,2617,1746,2674][12][,I,][Arial]]owner or operator [[1713,2617,2336,2674][12][,,][Arial]]
shall have the SWPPP
amendments or modifications reviewed and accepted by the [[2064,2675,2322,2732][12][,I,][Arial]]regulated,
[[638,2732,1384,2789][12][,I,][Arial]]traditional land use control MS4 [[1362,2732,2336,2789][12][,,][Arial]] prior to commencing construction of the
post-construction stormwater management practice
16
(Part II.D)
D. Permit Coverage for Discharges Authorized Under GP-0-10-001
Upon renewal of SPDES General Permit for Stormwater Discharges from
[[638,555,1118,612][12][,I,][Arial]]Construction Activity [[1092,555,1792,612][12][,,][Arial]] (Permit No. GP-0-10-001), an [[1770,555,2218,612][12][,I,][Arial]] owner or operator [[2185,555,2293,612
][12][,,][Arial]] of [[2258,555,2308,612][12][,I,][Arial]]a
[[638,613,1127,670][12][,I,][Arial]]construction activity [[1092,613,1805,670][12][,,][Arial]]with coverage under GP-0-10- [[1772,613,2336,670][12][,,][Arial]]001, as of the effective
date of GP-0-15-002, shall be authorizedto[[1632,670,1871,727][12][,I,][Arial]]discharge [[1849,670,2336,727][12][,,][Arial]] in accordance with
GP-0-15-002, unless otherwise notified by the Department.
An[[725,835,1177,892][12][,I,][Arial]]owner or operator [[1144,835,1743,892][12][,,][Arial]] may continue to implem [[1736,835,2336,892][12][,,][Arial]]ent the technical/design
components of the post-construction stormwater management controls
provided that such design was done in conformance with the technical
standards in place at the time of initial project authorization. However, they
must comply with the other, non-design provisions of GP-0-15-002.
E. Change of
[[783,1173,1258,1230][12][B,I,][Arial]]Owner or Operator
When property ownership changes or when there is a change in operational
control over the construction plans and specifications, the original [[2092,1345,2336,1402][12][,I,][Arial]]owner or
[[638,1403,857,1460][12][,I,][Arial]]operator [[824,1403,1403,1460][12][,,][Arial]] must notify the new [[1388,1403,1858,1460][12][,I,][Arial]]owner or operator [[1824,1403,2336,1460][12][,,][Arial]
], in writing, of the
requirement to obtain permit coverage by submitting a NOI with the
Department. Once the new [[1248,1518,1675,1575][12][,I,][Arial]]owner or operator [[1642,1518,2336,1575][12][,,][Arial]] obtains permit coverage, the
original[[809,1575,1230,1632][12][,I,][Arial]]owner or operator [[1197,1575,2336,1632][12][,,][Arial]] shall then submit a completed NOT with the name
and permit identification number of the new [[1700,1633,2154,1690][12][,I,][Arial]]owner or operator [[2121,1633,2336,1690][12][,,][Arial]] to the
Department at the address in Part II.A.1. of this permit. If the original [[2150,1690,2336,1747][12][,I,][Arial]]owner
[[638,1748,931,1805][12][,I,][Arial]]or operator [[893,1748,1793,1805][12][,,][Arial]]maintains ownership of a portion of the [[1756,1748,2240,1805][12][,I,][Arial]]construction activity
[[2203,1748,2308,1805][12][,,][Arial]]and
will disturb soil, they must maintain their coverage under the permit.
Permit coverage for the new[[1220,1970,1658,2027][12][,I,][Arial]] owner or operator [[1625,1970,2335,2027][12][,,][Arial]] will be effective as of the date
the Department receives a complete NOI, provided the original [[2082,2027,2336,2084][12][,I,][Arial]]owner or
[[600,2085,819,2142][12][,I,][Arial]]operator [[786,2085,1559,2142][12][,,][Arial]] was not subject to a sixty (60) bus [[1534,2085,2336,2142][12][,,][Arial]]iness day authorization
period that
has not expired as of the date the Department receives the NOI from the new
[[600,2200,1028,2257][12][,I,][Arial]]owner or operator [[995,2200,1045,2257][12][,,][Arial]].
17
(Part III)
Part III. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A. General SWPPP Requirements
A SWPPP shall be prepared and implemented by the [[1834,613,2263,670][12][,I,][Arial]]owner or operator [[2230,613,2336,670][12][,,][Arial]] of
each[[777,671,1256,728][12][,I,][Arial]]construction activity [[1231,671,2336,728][12][,,][Arial]] covered by this permit. The SWPPP must
document the selection, design, installation, implementation and
maintenance of the control measures and practices that will be used to meet
the effluent limitations in Part I.B. of this permit and where applicable, the
post-construction stormwater management practice requirements in Part
I.C. of this permit. The SWPPP shall be prepared prior to the submittal of
the NOI. The NOI shall be submitted to the Department prior to the
[[637,1073,1524,1130][12][,I,][Arial]]commencement of construction activity [[1499,1073,2336,1130][12][,,][Arial]]. A copy of the completed, final NOI
shall be included in the SWPPP.
The SWPPP shall describe the erosion and sediment control practices and
where required, post-construction stormwater management practices that
will be used and/or constructed to reduce the [[1736,1353,1975,1410][12][,I,][Arial]]pollutants [[1950,1353,2336,1410][12][,,][Arial]] in stormwater
[[638,1410,904,1467][12][,I,][Arial]]discharges [[879,1410,2335,1467][12][,,][Arial]] and to assure compliance with the terms and conditions of this
permit. In addition, the SWPPP shall identify potential sources of pollution
which may reasonably be expected to affect the quality of stormwater
[[638,1583,904,1640][12][,I,][Arial]]discharges [[879,1583,929,1640][12][,,][Arial]].
All SWPPPs that require the post-construction stormwater management
practice component shall be prepared by a [[1647,1748,2174,1805][12][,I,][Arial]]qualified professional [[2145,1748,2336,1805][12][,,][Arial]]that is
knowledgeable in the principles and practices of stormwater management
and treatment.
The [[738,1970,1167,2027][12][,I,][Arial]]owner or operator [[1134,1970,2336,2027][12][,,][Arial]] must keep the SWPPP current so that it at all times
accurately documents the erosion and sediment controls practices that are
being used or will be used during construction, and all post-construction
stormwater management practices that will be constructed on the site. At a
minimum, the [[952,2200,1397,2257][12][,I,][Arial]]owner or operator [[1361,2200,1972,2257][12][,,][Arial]]shall amend the SWPPP:
a. whenever the current provisions prove to be ineffective in minimizing
[[675,2365,914,2422][12][,I,][Arial]]pollutants [[889,2365,1253,2422][12][,,][Arial]] in stormwater [[1217,2365,1483,2422][12][,I,][Arial]]discharges [[1459,2365,1826,2422][12][,,][Arial]]
from the site;
b. whenever there is a change in design, construction, or operation at the
construction site that has or could have an effect on the [[2006,2538,2245,2595][12][,I,][Arial]]discharge [[2222,2538,2336,2595][12][,,][Arial]] of
[[675,2595,914,2652][12][,I,][Arial]]pollutants [[889,2595,1050,2652][12][,,][Arial]]; and
c. to address issues or deficiencies identified during an inspection by the
[[675,2768,1128,2825][12][,I,][Arial]]qualified inspector, [[1092,2768,1670,2825][12][,,][Arial]] the Department or other [[1637,2768,2143,2825][12][,,][Arial]] regulatory authority.
The Department may notify the [[1338,2883,1766,2940][12][,I,][Arial]]owner or operator [[1733,2883,2222,2940][12][,,][Arial]] at any time that the
18
(Part III.A.5)
SWPPP does not meet one or more of the minimum requirements of this
permit. The notification shall be in writing and identify the provisions of the
SWPPP that require modification. Within fourteen (14) calendar days of
such notification, or as otherwise indicated by the Department, the [[2150,555,2336,612][12][,I,][Arial]]owner
[[639,613,940,670][12][,I,][Arial]]or operator [[911,613,2335,670][12][,,][Arial]]shall make the required changes to the SWPPP and submit
written notification to the Department that the changes have been made. If
the[[725,728,1157,785][12][,I,][Arial]]owner or operator [[1123,728,1722,785][12][,,][Arial]] does not respond to the [[1688,728,2336,785][12][,,][Arial]]Department’s comments in
the specified time frame, the Department may suspend the [[2045,785,2337,842][12][,I,][Arial]]owner’s or
[[639,843,886,900][12][,I,][Arial]]operator’s [[861,843,1856,900][12][,,][Arial]] coverage under this permit or require the [[1824,843,2260,900][12][,I,][Arial]]owner or operator [[2227,843,2337,900
][12][,,][Arial]] to
obtain coverage under an individual SPDES permit in accordance with Part
II.C.4. of this permit.
Prior to the [[903,1065,1796,1122][12][,I,][Arial]]commencement of construction activity [[1771,1065,1921,1122][12][,,][Arial]], the [[1887,1065,2319,1122][12][,I,][Arial]]owner or
operator
must identify the contractor(s) and subcontractor(s) that will be responsible
for installing, constructing, repairing, replacing, inspecting and maintaining
the erosion and sediment control practices included in the SWPPP; and the
contractor(s) and subcontractor(s)that will be responsible for constructing
the post-construction stormwater management practices included in the
SWPPP. The [[963,1410,1423,1467][12][,I,][Arial]]owner or operator [[1395,1410,2336,1467][12][,,][Arial]]shall have each of the contractors and
subcontractors identify at least one person from their company that will be
responsible for implementation of the SWPPP. This person shall be known
as the [[794,1583,1249,1640][12][,I,][Arial]]trained contractor. [[1216,1583,1324,1640][12][,,][Arial]]The [[1319,1583,1768,1640][12][,I,][Arial]]owner or operator [[1734,1583,2336,1640][12][,,][Ar
ial]]shall ensure that at least
one[[744,1640,1174,1697][12][,I,][Arial]]trained contractor [[1142,1640,2336,1697][12][,,][Arial]] is on site on a daily basis when soil disturbance
activities are being performed.
The[[767,1780,1271,1837][12][,I,][Arial]]owner or operator [[1264,1780,2335,1837][12][,,][Arial]]shall have each of the contractors and
subcontractors identified above sign a copy of the following certification
statement below before they commence any [[1633,1895,2094,1952][12][,I,][Arial]]construction activity [[2069,1895,2119,1952][12][,,][Arial]]:
"I hereby certify under penalty of law that I understand and agree to
comply with the terms and conditions of the SWPPP and agree to
implement any corrective actions identified by the [[1880,2111,2336,2168][12][,I,][Arial]]qualified inspector
during a site inspection. I also understand that the [[1890,2168,2320,2225][12][,I,][Arial]]owner or operator
must comply with the terms and conditions of the most current version
of the New York State Pollutant Discharge Elimination System
("SPDES") general permit for stormwater [[1653,2341,1892,2398][12][,I,][Arial]]discharge [[1870,2341,2056,2398][12][,,][Arial]]s from [[2017,2341,2309,2398][12][,I,][Arial]]construction
[[750,2398,966,2455][12][,I,][Arial]]activities [[942,2398,2337,2455][12][,,][Arial]] and that it is unlawful for any person to cause or contribute
to a violation of [[1099,2456,1637,2513][12][,I,][Arial]]water quality standards [[1612,2456,2336,2513][12][,,][Arial]]. Furthermore, I am aware that
there are significant penalties for submitting false information, that I do
not believe to be true, including the possibility of fine and imprisonment
for knowing violations"
In addition to providing the certification statement above, the certification
page must also identify the specific elements of the SWPPP that each
contractor and subcontractor will be responsible for and include the name
and title of the person providing the signature; the name and title of the
19
(Part III.A.6)
[[638,383,1078,440][12][,I,][Arial]]trained contractor [[1044,383,1724,440][12][,,][Arial]] responsible for SWPPP im [[1715,383,2336,440][12][,,][Arial]]plementation; the name,
address and telephone number of the contracting firm; the address (or other
identifying description) of the site; and the date the certification statement
is signed. The [[969,555,1401,612][12][,I,][Arial]]owner or operator [[1367,555,2336,612][12][,,][Arial]] shall attach the certification statement(s)
to the copy of the SWPPP that is maintained at the construction site. If new
or additional contractors are hired to implement measures identified in the
SWPPP after construction has commenced, they must also sign the
certification statement and provide the information listed above.
For projects where the Department requests a copy of the SWPPP or
inspection reports, the [[1134,958,1555,1015][12][,I,][Arial]]owner or operator [[1522,958,1923,1015][12][,,][Arial]] shall submit the [[1884,958,2335,1015][12][,,][Arial]]documents
in both
electronic (PDF only) and paper format within five (5) business days, unless
otherwise notified by the Department.
B. Required SWPPP Contents
Erosion and sediment control component - All SWPPPs prepared pursuant
to this permit shall include erosion and sediment control practices designed
in conformance with the technical standard, New York State Standards and
Specifications for Erosion and Sediment Control, dated November 2016.
Where erosion and sediment control practices are not designed in
conformance with the design criteria included in the technical standard, the
[[637,1640,1079,1697][12][,I,][Arial]]owner or operator [[1042,1640,1490,1697][12][,,][Arial]]must demonstrate [[1453,1640,1742,1697][12][,I,][Arial]]equivalence [[1719,1640,2336,1697][12][,,][Aria
l]] to the technical standard.
At a minimum, the erosion and sediment control component of the SWPPP
shall include the following:
a. Background information about the scopeof theproject, including the
location, type and size of project;
b. A site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map shall show the total site area;
all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
floodplain/floodway boundaries; wetlands and drainage patterns that
could be affected by the [[1218,2323,1679,2380][12][,I,][Arial]]construction activity [[1654,2323,2336,2380][12][,,][Arial]]; existing and final contours ;
locations of different soil types with boundaries; material, waste, borrow
or equipment storage areas located on adjacent properties; and
location(s) of the stormwater [[1320,2495,1559,2552][12][,I,][Arial]]discharge [[1536,2495,1645,2552][12][,,][Arial]](s);
c. A description of the soil(s) present at the site, including an identification of
the Hydrologic Soil Group (HSG);
d. Aconstruction phasing plan and sequence of operations describing the
intended order of [[1067,2840,1567,2897][12][,I,][Arial]]construction activities [[1542,2840,2326,2897][12][,,][Arial]], including clearing and grubbing,
excavation and grading, utility and infrastructure installation and any other
20
(Part III.B.1.d)
activity at the site that results in soil disturbance;
e. A description of the minimum erosion and sediment control practices to
be installed or implemented for each [[1487,555,1947,612][12][,I,][Arial]]construction activity [[1922,555,2336,612][12][,,][Arial]] that will result in
soil disturbance. Include a schedule that identifies thetiming of initial
placement or implementation of each erosion and sediment control
practice and the minimum time frames that each practice should remain
in place or be implemented;
f. A temporary and permanent soil stabilization plan that meets the
requirements of this general permit and the technical standard, New York
State Standards and Specifications for Erosion and Sediment Control,
dated November 2016, for each stage of the project, including initial land
clearing and grubbing to project completion and achievement of [[2194,1130,2325,1187][12][,I,][Arial]]final
[[675,1188,958,1245][12][,I,][Arial]]stabilization [[936,1188,986,1245][12][,,][Arial]];
g. A site map/construction drawing(s) showing the specific location(s),
size(s), and length(s) of each erosion and sediment control practice;
h. The dimensions, material specifications, installation details, and operation
and maintenance requirements for all erosion and sediment control
practices. Include the location and sizing of any temporary sediment
basins and structural practices that will be used to divert flows from
exposed soils;
i. A maintenance inspection schedule for the contractor(s)identified in Part
III.A.6. of this permit, to ensure continuous and effective operation of the
erosion and sediment control practices. The maintenance inspection
schedule shall be in accordance with the requirements in the technical
standard, New York State Standards and Specifications for Erosion and
Sediment Control, dated November 2016;
j. A description of thepollution prevention measuresthat will be used to
control litter, construction chemicals and construction debris from
becoming a [[947,2338,1172,2395][12][,I,][Arial]]pollutant [[1136,2338,1748,2395][12][,,][Arial]] source in the stormwater [[1712,2338,1978,2395][12][,I,][Arial]]discharges [[1953,2338,2003,2395][12
][,,][Arial]];
k. A description and location of any stormwater [[1685,2453,1951,2510][12][,I,][Arial]]discharges [[1927,2453,2336,2510][12][,,][Arial]] associated with
industrial activity other than construction at the site, including, but not
limited to, stormwater [[1162,2568,1428,2625][12][,I,][Arial]]discharges [[1403,2568,2335,2625][12][,,][Arial]] from asphalt plants and concrete plants
located on the construction site; and
l. Identification of any elements of the design that are not in conformance
with the design criteria in the technical standard, New York State
Standards and Specifications for Erosion and Sediment Control, dated
November 2016. Include the reason for the deviation or alternative design
21
(Part III.B.1.l)
and provide information which demonstrates that the deviation or
alternative design is [[1131,440,1395,497][12][,I,][Arial]]equivalent [[1359,440,1982,497][12][,,][Arial]] to the technical standard.
Post-construction stormwater management practice component – The
[[638,613,1110,670][12][,I,][Arial]]owner or operator [[1088,613,1763,670][12][,,][Arial]]of any construction project [[1742,613,2336,670][12][,,][Arial]]identified in Table 2 of
Appendix B as needing post-construction stormwater management
practices shall prepare a SWPPP that includes practices designed in
conformance with the applicable [[1386,786,1732,843][12][,I,][Arial]]sizing criteria [[1701,786,2336,843][12][,,][Arial]]in Part I.C.2.a., c. or d. of
this permit andthe[[1055,843,1547,900][12][,I,][Arial]]performance criteria [[1509,843,2336,900][12][,,][Arial]]in the technical standard, New York
State Stormwater Management Design Manual dated January 2015
Where post-construction stormwater management practices are not
designed in conformance with the [[1451,1066,1928,1123][12][,I,][Arial]]performance criteria [[1906,1066,2336,1123][12][,,][Arial]] in the technical
standard, the [[946,1123,1393,1180][12][,I,][Arial]]owner or operator [[1358,1123,2335,1180][12][,,][Arial]]must include in the SWPPP the reason(s)
for the deviation or alternative design and provide information which
demonstrates that the deviation or alternative design is [[1908,1238,2172,1295][12][,I,][Arial]]equivalent [[2136,1238,2336,1295][12][,,][Arial]] to the
technical standard.
The post-construction stormwater management practice component of the
SWPPP shall include the following:
a. Identification of all post-construction stormwater management practices to
be constructed as part of the project. Include the dimensions, material
specifications and installation details for each post-construction
stormwater management practice;
b. A site map/construction drawing(s) showing the specific location and size
of each post-construction stormwater management practice;
c. A Stormwater Modeling and Analysis Report that includes:
(i) Map(s) showing pre-development conditions, including
watershed/subcatchments boundaries, flow paths/routing, and
design points;
(ii) Map(s) showing post-development conditions, including
watershed/subcatchments boundaries, flow paths/routing, design
points and post-construction stormwater management practices;
(iii) Results of stormwater modeling (i.e. hydrology and hydraulic
analysis) for the required storm events. Include supporting
calculations (model runs), methodology, and a summary table that
compares pre and post-development runoff rates and volumes for
the different storm events;
(iv) Summary table, with supporting calculations, which demonstrates
22
(Part III.B.2.c.iv)
that each post-construction stormwater management practice has
been designed in conformance with the [[1737,440,2052,497][12][,I,][Arial]]sizing criteria [[2030,440,2336,497][12][,,][Arial]] included in
the Design Manual;
(v) Identification of any [[1282,613,1593,670][12][,I,][Arial]]sizing criteria [[1571,613,2336,670][12][,,][Arial]] that is not required based on the
requirements included in Part I.C. of this permit; and
(vi) Identification of any elements of the design that are not in
conformance with the [[1337,843,1833,900][12][,I,][Arial]]performance criteria [[1799,843,2350,900][12][,,][Arial]]in the Design Manual.
Include the reason(s) for the deviation or alternative design and
provide information which demonstrates that the deviation or
alternative design is [[1299,1015,1563,1072][12][,I,][Arial]]equivalent [[1541,1015,2078,1072][12][,,][Arial]]to the Design Manual;
d. Soil testing results and locations (test pits, borings);
e. Infiltration test results, when required; and
f. An operations and maintenance plan that includes inspection and
maintenance schedules and actions to ensure continuous and effective
operation of each post-construction stormwater management practice.
The plan shall identify the entity that will be responsible for the long term
operation and maintenance of each practice.
Enhanced Phosphorus Removal Standards - All construction projects
identified in Table 2 of Appendix B that are located in the watersheds
identified in Appendix C shall prepare a SWPPP that includes post-
construction stormwater management practices designed in conformance
with the applicable [[1064,1879,1406,1936][12][,I,][Arial]]sizing criteria [[1371,1879,1865,1936][12][,,][Arial]]in Part I.C.2. b., c. or [[1831,1879,2309,1936][12][,,][Arial]] d. of
this permit and
the[[743,1936,1274,1993][12][,I,][Arial]]performance criteria, [[1260,1936,2335,1993][12][,,][Arial]]Enhanced Phosphorus Removal Standards
included in the Design Manual. At a minimum, the post-construction
stormwater management practice component of the SWPPP shall include
items 2.a - 2.f. above.
C. Required SWPPP Components by Project Type
Unless otherwise notified by the Department, [[1485,2331,1963,2388][12][,I,][Arial]]owners or operators [[1938,2331,2048,2388][12][,,][Arial]] of [[2017,2331,2309,2388][12][,I,][Arial]]construction
[[450,2389,667,2446][12][,I,][Arial]]activities [[657,2389,1186,2446][12][,,][Arial]]identified in Table 1 of [[1150,2389,1558,2446][12][,,][Arial]] Appendix B are [[1523,2389,2336,2446][12][,,][Ari
al]]required to prepare a SWPPP that
only includes erosion and sediment control practices designed in conformance with
Part III.B.1 of this permit. [[1004,2504,1480,2561][12][,I,][Arial]]Owners or operators [[1455,2504,1640,2561][12][,,][Arial]] of the [[1601,2504,2123,2561][12][,I,][Arial]]construction
activities [[2086,2504,2336,2561][12][,,][Arial]]identified
in Table 2 of Appendix B shall prepare a SWPPP that also includes post-construction
stormwater management practices designed in conformance with Part III.B.2 or 3 of
this permit.
23
(Part IV)
Part IV. INSPECTION AND MAINTENANCE REQUIREMENTS
A. General Construction Site Inspection and Maintenance Requirements
The [[742,555,1179,612][12][,I,][Arial]]owner or operator [[1145,555,1753,612][12][,,][Arial]] must ensure that all eros [[1728,555,2335,612][12][,,][Arial]]ion and sediment control
practices (including pollution prevention measures) and all post-
construction stormwater management practices identified in the SWPPP
are inspected and maintained in accordance with Part IV.B. and C. of this
permit.
The terms of this permit shall not be construed to prohibit the State of New
York from exercising any authority pursuant to the ECL, common law or
federal law, or prohibit New York State from taking any measures, whether
civil or criminal, to prevent violations of the laws of the State of New York,
or protect the public health and safety and/or the environment.
B. Contractor Maintenance Inspection Requirements
The [[742,1403,1180,1460][12][,I,][Arial]]owner or operator [[1147,1403,1384,1460][12][,,][Arial]] of each [[1353,1403,1844,1460][12][,I,][Arial]]construction activity [[1813,1403,2336,1460][12][,
,][Arial]]identified in Tables 1
and 2 of Appendix B shall have a [[1373,1460,1794,1517][12][,I,][Arial]]trained contractor [[1760,1460,2336,1517][12][,,][Arial]] inspect the erosion and
sediment control practices and pollution prevention measures being
implemented within the active work area daily to ensure that they are being
maintained in effective operating condition at all times. If deficiencies are
identified, the contractor shall begin implementing corrective actions within
one business day and shall complete the corrective actions in a reasonable
time frame.
For construction sites where soil disturbance activities have been
temporarily suspended (e.g. winter shutdown) and [[1782,2027,2308,2084][12][,I,][Arial]]temporary stabilization
measures have been applied to all disturbed areas, the[[1894,2085,2319,2142][12][,I,][Arial]]trained contractor
can stop conducting the maintenance inspections. The[[1873,2142,2319,2199][12][,I,][Arial]] trained contractor
shall begin conducting the maintenance inspections in accordance with Part
IV.B.1. of this permit as soon as soil disturbance activities resume.
For construction sites where soil disturbance activities have been shut down
with partial project completion, the [[1425,2480,1851,2537][12][,I,][Arial]]trained contractor [[1835,2480,2336,2537][12][,,][Arial]]can stop conducting
the maintenance inspections if all areas disturbed as of the project
shutdown date have achieved [[1338,2595,1761,2652][12][,I,][Arial]]final stabilization [[1731,2595,2335,2652][12][,,][Arial]]and all post-construction
stormwater management practices required for the completed portion of the
project have been constructed in conformance with the SWPPP and are
operational.
C. Qualified Inspector Inspection Requirements
24
(Part IV.C)
The[[606,383,1032,440][12][,I,][Arial]]owner or operator [[999,383,1327,440][12][,,][Arial]] shall have a [[1290,383,1742,440][12][,I,][Arial]]qualified inspector [[1705,383,2336,440][12][,,][Arial
]]conduct site inspections in
conformance with the following requirements:
[Note: The [[769,555,1199,612][12][,I,][Arial]]trained contractor [[1166,555,2336,612][12][,,][Arial]] identified in Part III.A.6. and IV.B. of this permit
cannot
conduct the [[985,613,1447,670][12][,I,][Arial]]qualified inspector [[1421,613,2336,670][12][,,][Arial]]site inspections unless they meet the
[[506,670,940,727][12][,I,][Arial]]qualified inspector [[907,670,1455,727][12][,,][Arial]] qualifications included [[1416,670,1876,727][12][,,][Arial]]in Appendix A. In or [[1843,670,2336,727][12][,
,][Arial]]der to perform these
inspections, the [[868,728,1290,785][12][,I,][Arial]]trained contractor [[1257,728,1755,785][12][,,][Arial]] would have to be a:
- licensed Professional Engineer,
- Certified Professional in Erosion and Sediment Control (CPESC),
- Registered Landscape Architect, or
- someone working under the direct supervision of, and at the same company
as, the licensed Professional Engineer or Registered Landscape Architect,
provided they have received four (4) hours of Department endorsed training
in proper erosion and sediment control principles from a Soil and Water
Conservation District, or other Department endorsed entity].
A [[698,1303,1164,1360][12][,I,][Arial]]qualified inspector [[1141,1303,2040,1360][12][,,][Arial]]shall conduct site inspections for all [[2017,1303,2309,1360][12][,I,][Arial]]construction
[[638,1360,855,1417][12][,I,][Arial]]activities [[843,1360,1547,1417][12][,,][Arial]]identified in Tables 1 and 2 of [[1511,1360,2314,1417][12][,,][Arial]]Appendix B, with the exception
of:
a. the construction of a single family residential subdivision with 25% or less
[[675,1525,1088,1582][12][,I,][Arial]]impervious cover [[1055,1525,1673,1582][12][,,][Arial]] at total site build-out that [[1639,1525,2335,1582][12][,,][Arial]]involves a soil disturbance
of
one (1) or more acres of land but less than five (5) acres and isnot located
in one of the watersheds listed in Appendix C and not directly discharging
to one of the 303(d) segments listed in Appendix E;
b. the construction of a single family home that involves a soil disturbance of
one (1) or more acres of land but less than five (5) acres and is not located
in one of the watersheds listed in Appendix C and not directly discharging
to one of the 303(d) segments listed in Appendix E;
c. construction on agricultural property that involves a soil disturbance of one
(1) or more acres of land but less than five (5) acres; and
d.[[675,2272,1177,2329][12][,I,][Arial]]construction activities [[1152,2272,1765,2329][12][,,][Arial]] located in the watersheds [[1740,2272,2336,2329][12][,,][Arial]] identified in
Appendix D
that involve soil disturbances between five thousand (5,000) square feet
and one (1) acre of land.
Unless otherwise notified by the Department, the [[1758,2502,2215,2559][12][,I,][Arial]]qualified inspector [[2183,2502,2324,2559][12][,,][Arial]]shall
conduct site inspections in accordance with the following timetable:
a. For construction sites where soil disturbance activities are on-going, the
[[675,2725,1138,2782][12][,I,][Arial]]qualified inspector [[1111,2725,2335,2782][12][,,][Arial]]shall conduct a site inspection at least once every
seven (7) calendar days.
b. For construction sites where soil disturbance activities are on-going and
25
(Part IV.C.2.b)
the[[758,383,1186,440][12][,I,][Arial]]owner or operator [[1153,383,2334,440][12][,,][Arial]] has received authorization in accordance with Part
II.C.3 to disturb greater than five (5) acres of soil at any one time, the
[[675,498,1128,555][12][,I,][Arial]]qualified inspector [[1092,498,2268,555][12][,,][Arial]]shall conduct at least two (2) site inspections every
seven (7) calendar days. The two (2) inspections shall be separated by a
minimum of two (2) full calendar days.
c. For construction sites where soil disturbance activities have been
temporarily suspended (e.g. winter shutdown) and [[1787,785,2308,842][12][,I,][Arial]]temporary stabilization
measures have been applied to all disturbed areas, the [[1885,843,2336,900][12][,I,][Arial]]qualified inspector
shall conduct a site inspection at least once every thirty (30) calendar
days. The [[938,958,1396,1015][12][,I,][Arial]]owner or operator [[1363,958,2336,1015][12][,,][Arial]] shall notify the DOW Water (SPDES)
Program contact at the Regional Office (see contact information in
Appendix F) or, in areas under the jurisdiction of a [[1830,1073,2336,1130][12][,I,][Arial]]regulated, traditional
[[675,1130,1236,1187][12][,I,][Arial]]land use control MS4, [[1210,1130,1302,1187][12][,,][Arial]]the [[1302,1130,2307,1187][12][,I,][Arial]]regulated, traditional land use control
MS4
(provided the [[981,1188,1940,1245][12][,I,][Arial]]regulated, traditional land use control MS4 [[1918,1188,2185,1245][12][,,][Arial]] is not the [[2150,1188,2319,1245][12][,I,][Arial]]owner
[[675,1245,978,1302][12][,I,][Arial]]or operator [[950,1245,1133,1302][12][,,][Arial]]of the [[1106,1245,1575,1302][12][,I,][Arial]]construction activity [[1550,1245,2336,1302][12][,,][Arial]])
in writing prior to reducing the
frequency of inspections.
d. For construction sites where soil disturbance activities have been shut
down with partial project completion, the[[1621,1475,2094,1532][12][,I,][Arial]] qualified inspector [[2060,1475,2336,1532][12][,,][Arial]] can stop
conducting inspections if all areas disturbed as of the project shutdown
date have achieved [[1115,1590,1529,1647][12][,I,][Arial]]final stabilization [[1491,1590,2336,1647][12][,,][Arial]]and all post-construction stormwater
management practices required for the completed portion of the project
have been constructed in conformance with the SWPPP and are
operational. The [[1052,1763,1481,1820][12][,I,][Arial]]owner or operator [[1448,1763,2336,1820][12][,,][Arial]] shall notify the DOW Water (SPDES)
Program contact at the Regional Office (see contact information in
Appendix F) or, in areas under the jurisdiction of a [[1830,1877,2336,1934][12][,I,][Arial]]regulated, traditional
[[675,1935,1236,1992][12][,I,][Arial]]land use control MS4, [[1210,1935,1302,1992][12][,,][Arial]]the [[1303,1935,2308,1992][12][,I,][Arial]]regulated, traditional land use control
MS4
(provided the [[981,1992,1968,2049][12][,I,][Arial]]regulated, traditional land use control MS4 [[1933,1992,2186,2049][12][,,][Arial]]is not the [[2150,1992,2319,2049][12][,I,][Arial]]owner
[[675,2050,971,2107][12][,I,][Arial]]or operator [[936,2050,1112,2107][12][,,][Arial]]of the [[1077,2050,1539,2107][12][,I,][Arial]]construction activity [[1514,2050,2336,2107][12][,,][Arial]])
in writing prior to the shutdown. If
soil disturbance activities are not resumed within 2 years from the date of
shutdown, the [[993,2165,1414,2222][12][,I,][Arial]]owner or operator [[1381,2165,1743,2222][12][,,][Arial]] shall have the [[1703,2165,2152,2222][12][,I,][Arial]]qualified inspector
[[2114,2165,2295,2222][12][,,][Arial]]perform
a final inspection and certify that all disturbed areas have achieved [[2195,2222,2336,2279][12][,I,][Arial]]final
[[675,2280,1000,2337][12][,I,][Arial]]stabilization, [[970,2280,1657,2337][12][,,][Arial]]and all temporary, structural [[1627,2280,2336,2337][12][,,][Arial]]erosion and sediment control
measures have been removed[[1353,2337,1403,2394][12][,I,][Arial]]; [[1382,2337,1885,2394][12][,,][Arial]]and that all post-cons [[1860,2337,2336,2394][12][,,][Arial]]truction stormwater
management practices have been constructed in conformance with the
SWPPP by signing the “[[1291,2452,1725,2509][12][,I,][Arial]]Final Stabilization [[1703,2452,2336,2509][12][,,][Arial]]” and “Post-Construction
Stormwater Management Practice” certification statements on the NOT.
The[[777,2567,1209,2624][12][,I,][Arial]]owner or operator [[1176,2567,1748,2624][12][,,][Arial]] shall then submit the co [[1727,2567,2337,2624][12][,,][Arial]]mpleted NOT form to the
address in Part II.A.1 of this permit.
e. For construction sites that directly [[1526,2740,1765,2797][12][,I,][Arial]]discharge [[1743,2740,2336,2797][12][,,][Arial]] to one of the 303(d)
segments listed in Appendix E or is located in one of the watersheds listed
in Appendix C, the [[1113,2855,1570,2912][12][,I,][Arial]]qualified inspector [[1538,2855,2337,2912][12][,,][Arial]]shall conduct at least two (2) site
inspections every seven (7) calendar days. The two (2) inspections shall
26
(Part IV.C.2.e)
be separated by a minimum of two (2) full calendar days.
At a minimum, the [[1049,498,1500,555][12][,I,][Arial]]qualified inspector [[1463,498,2336,555][12][,,][Arial]]shall inspect all erosion and sediment
control practices and pollution prevention measures to ensure integrity and
effectiveness, all post-construction stormwater management practices
under construction to ensure that they are constructed in conformance with
the SWPPP, all areas of disturbance that have not achieved [[2195,728,2325,785][12][,I,][Arial]]final
[[638,785,949,842][12][,I,][Arial]]stabilization, [[913,785,1235,842][12][,,][Arial]] all points of [[1201,785,1440,842][12][,I,][Arial]]discharge [[1418,785,2336,842][12][,,][Arial]]
to natural surface waterbodies located
within, or immediately adjacent to, the property boundaries of the
construction site, and all points of [[1391,900,1630,957][12][,I,][Arial]]discharge [[1607,900,2229,957][12][,,][Arial]] from the construction site.
The [[744,1008,1204,1065][12][,I,][Arial]]qualified inspector [[1175,1008,2336,1065][12][,,][Arial]]shall prepare an inspection report subsequent to
each and every inspection. At a minimum, the inspection report shall include
and/or address the following:
a. Date and time of inspection;
b. Name and title of person(s) performing inspection;
c. A description of the weather and soil conditions (e.g. dry, wet, saturated)
at the time of the inspection;
d. A description of the condition of the runoff at all points of [[1954,1690,2193,1747][12][,I,][Arial]]discharge [[2171,1690,2336,1747][12][,,][Arial]] from
the construction site. This shall include identification of any [[1989,1748,2255,1805][12][,I,][Arial]]discharges [[2230,1748,2336,1805][12][,,][Arial]] of
sediment from the construction site. Include [[1651,1805,1917,1862][12][,I,][Arial]]discharges [[1892,1805,2336,1862][12][,,][Arial]] from conveyance
systems (i.e. pipes, culverts, ditches, etc.) and overland flow;
e. A description of the condition of all natural surface waterbodies located
within, or immediately adjacent to, the property boundaries of the
construction site which receive runoff from disturbed areas. This shall
include identification of any [[1363,2150,1629,2207][12][,I,][Arial]]discharges [[1605,2150,2336,2207][12][,,][Arial]] of sediment to the surface
waterbody;
f. Identification of all erosion and sediment control practices and pollution
prevention measures that need repair or maintenance;
g. Identification of all erosion and sediment control practices and pollution
prevention measures that were not installed properly or are not functioning
as designed and need to be reinstalled or replaced;
h. Description and sketch of areas with active soil disturbance activity, areas
that have been disturbed but are inactive at the time of the inspection, and
areas that have been stabilized (temporary and/or final) since the last
inspection;
27
(Part IV.C.4.i)
i. Current phase of construction of all post-construction stormwater
management practices and identification of all construction that is not in
conformance with the SWPPP and technical standards;
j. Corrective action(s) that must be taken to install, repair, replace or
maintain erosion and sediment control practices and pollution prevention
measures; and to correct deficiencies identified with the construction of
the post-construction stormwater management practice(s);
k. Identification and status of all corrective actions that were required by
previous inspection; and
l. Digital photographs, with date stamp, that clearly show the condition of all
practices that have been identified as needing corrective actions. The
[[675,1188,1154,1245][12][,I,][Arial]]qualified inspector [[1144,1188,2336,1245][12][,,][Arial]]shall attach paper color copies of the digital
photographs to the inspection report being maintained onsite within seven
(7) calendar days of the date of the inspection. The [[1877,1303,2319,1360][12][,I,][Arial]]qualified inspector
shall also take digital photographs, with date stamp, that clearly show the
condition of the practice(s) after the corrective action has been completed.
The[[788,1475,1255,1532][12][,I,][Arial]]qualified inspector [[1233,1475,1840,1532][12][,,][Arial]]shall attach paper color [[1817,1475,2335,1532][12][,,][Arial]]copies of the digital
photographs to the inspection report that documents the completion of the
corrective action work within seven (7) calendar days of that inspection.
Within one business day of the completion of an inspection, the [[2100,1705,2309,1762][12][,I,][Arial]]qualified
[[638,1763,874,1820][12][,I,][Arial]]inspector [[859,1763,1237,1820][12][,,][Arial]]shall notify the [[1206,1763,1643,1820][12][,I,][Arial]]owner or operator [[1609,1763,2336,1820][12][,,][Arial]]
and appropriate contractor or
subcontractoridentified in Part III.A.6. of this permit of any corrective
actions that need to be taken. The contractor or subcontractor shall begin
implementing the corrective actions within one business day of this
notification and shall complete the corrective actions in a reasonable time
frame.
All inspection reports shall be signed by the [[1603,2215,2055,2272][12][,I,][Arial]]qualified inspector. [[2019,2215,2336,2272][12][,,][Arial]] Pursuant to
Part II.C.2. of this permit, the inspection reports shall be maintained on site
with the SWPPP.
Part V. TERMINATION OF PERMIT COVERAGE
A. Termination of Permit Coverage
An [[711,2667,1135,2724][12][,I,][Arial]]owner or operator [[1102,2667,1928,2724][12][,,][Arial]] that is eligible to terminate coverage [[1918,2667,2336,2724][12][,,][Arial]]under
this permit
must submit a completed NOT form to the address in Part II.A.1 of this
permit. The NOT form shall be one which is associated with this permit,
signed in accordance with Part VII.H of this permit.
28
(Part V.A.2)
An [[724,383,1175,440][12][,I,][Arial]]owner or operator [[1142,383,1777,440][12][,,][Arial]] may terminate coverage [[1752,383,2336,440][12][,,][Arial]]when one or more the
following conditions have been met:
a. Total project completion - All [[1312,605,1772,662][12][,I,][Arial]]construction activity [[1747,605,2336,662][12][,,][Arial]] identified in the SWPPP
has been completed; and all areas of disturbance have achieved [[2194,663,2325,720][12][,I,][Arial]]final
[[675,720,959,777][12][,I,][Arial]]stabilization [[936,720,1657,777][12][,,][Arial]]; and all temporary, structural [[1627,720,2336,777][12][,,][Arial]]erosion and sediment control
measures have been removed; and all post-construction stormwater
management practices have been constructed in conformance with the
SWPPP and are operational;
b. Planned shutdown with partial project completion - All soil disturbance
activities have ceased; and all areas disturbed as of the project shutdown
date have achieved [[1113,1123,1499,1180][12][,I,][Arial]]final stabilization [[1477,1123,2337,1180][12][,,][Arial]]; and all temporary, structural erosion
and sediment control measures have been removed; and all post-
construction stormwater management practices required for the
completed portion of the project have been constructed in conformance
with the SWPPP and are operational;
c. A new [[847,1468,1294,1525][12][,I,][Arial]]owner or operator [[1261,1468,2336,1525][12][,,][Arial]] has obtained coverage under this permit in
accordance with Part II.E. of this permit.
d. The [[784,1640,1247,1697][12][,I,][Arial]]owner or operator [[1220,1640,2336,1697][12][,,][Arial]]obtains coverage under an alternative SPDES
general permit or an individual SPDES permit.
For [[731,1813,1261,1870][12][,I,][Arial]]construction activities [[1231,1813,1860,1870][12][,,][Arial]]meeting subdivision 2a. or [[1827,1813,2336,1870][12][,,][Arial]] 2b. of this
Part, the
[[637,1870,1081,1927][12][,I,][Arial]]owner or operator [[1048,1870,1445,1927][12][,,][Arial]] shall have the [[1417,1870,1878,1927][12][,I,][Arial]]qualified inspector [[1851,1870,2336,1927][12][,
,][Arial]]perform a final site
inspection prior to submitting the NOT. The [[1661,1927,2122,1984][12][,I,][Arial]]qualified inspector [[2095,1927,2336,1984][12][,,][Arial]]shall, by
signing the “[[967,1985,1410,2042][12][,I,][Arial]]Final Stabilization [[1388,1985,2336,2042][12][,,][Arial]]” and “Post-Construction Stormwater
Management Practice certification statements on the NOT, certify that all
the requirements in Part V.A.2.a. or b. of this permit have been achieved.
For [[745,2207,1263,2264][12][,I,][Arial]]construction activities [[1239,2207,2336,2264][12][,,][Arial]] that are subject to the requirements of a
[[638,2265,1141,2322][12][,I,][Arial]]regulated, traditional [[1105,2265,1598,2322][12][,I,][Arial]]land use control MS4 [[1576,2265,2336,2322][12][,,][Arial]] and meet subdivision
2a. or 2b.
of this Part, the [[986,2322,1413,2379][12][,I,][Arial]]owner or operator [[1379,2322,1762,2379][12][,,][Arial]] shall have the [[1726,2322,2336,2379][12][,I,][Arial]]regulated, traditional
land
[[638,2380,1042,2437][12][,I,][Arial]]use control MS4 [[1020,2380,1708,2437][12][,,][Arial]] sign the “MS4 Acceptance” [[1675,2380,2336,2437][12][,,][Arial]] statement on the NOT in
accordance with the requirements in Part VII.H. of this permit. The
[[638,2495,1715,2552][12][,I,][Arial]]regulated, traditional land use control MS4 [[1692,2495,2336,2552][12][,,][Arial]] official, by signing this
statement, has determined that it is acceptable for the [[1838,2552,2265,2609][12][,I,][Arial]]owner or operator [[2231,2552,2336,2609][12][,,][Arial]] to
submit the NOT in accordance with the requirements of this Part. The
[[638,2667,1141,2724][12][,I,][Arial]]regulated, traditional [[1106,2667,1599,2724][12][,I,][Arial]]land use control MS4 [[1577,2667,2336,2724][12][,,][Arial]] can make this determination
by
performing a final site inspection themselves or by accepting the [[2100,2725,2308,2782][12][,I,][Arial]]qualified
[[638,2783,874,2840][12][,I,][Arial]]inspector [[840,2783,1627,2840][12][,,][Arial]]’s final site inspection certification( [[1594,2783,2336,2840][12][,,][Arial]]s) required in Part
V.A.3. of this
permit.
29
(Part V.A.5)
For [[754,383,1306,440][12][,I,][Arial]]construction activities [[1296,383,2336,440][12][,,][Arial]]that require post-construction stormwater
management practices andmeet subdivision 2a. of this Part, the [[2090,440,2336,497][12][,I,][Arial]]owner or
[[638,498,857,555][12][,I,][Arial]]operator [[824,498,1555,555][12][,,][Arial]] must, prior to submitting the NO [[1544,498,2264,555][12][,,][Arial]]T, ensure one of the following:
a. the post-construction stormwater management practice(s) and any right-
of-way(s) needed to maintain such practice(s) have been deeded to the
municipality in which the practice(s) is located,
b. an executed maintenance agreement is in place with the municipality that
will maintain the post-construction stormwater management practice(s),
c. for post-construction stormwater management practices that are privately
owned, the [[947,1123,1405,1180][12][,I,][Arial]]owner or operator [[1376,1123,2336,1180][12][,,][Arial]]has a mechanism in place that requires
operation and maintenance of the practice(s) in accordance with the
operation and maintenance plan, such as a deed covenant in the [[2150,1238,2319,1295][12][,I,][Arial]]owner
[[675,1295,981,1352][12][,I,][Arial]]or operator’s [[956,1295,1356,1352][12][,,][Arial]] deed of record,
d. for post-construction stormwater management practices that are owned
by a public or private institution (e.g. school, university, hospital),
government agency or authority, or public utility; the [[1880,1525,2336,1582][12][,I,][Arial]]owner or operator
has policy and procedures in place that ensures operation and
maintenance of the practices in accordance with the operation and
maintenance plan.
Part VI. REPORTING AND RETENTION OF RECORDS
A. Record Retention
The[[587,2042,1015,2099][12][,I,][Arial]]owner or operator [[982,2042,1808,2099][12][,,][Arial]] shall retain a copy of the NOI, NOI
Acknowledgment Letter, SWPPP, MS4 SWPPP Acceptance form and any
inspection reports that were prepared in conjunction with this permit for a period of
at least five (5) years from the date that the Department receives a complete NOT
submitted in accordance with Part V. of this general permit.
B. Addresses
With the exception of the NOI, NOT, and MS4 SWPPP Acceptance form (which
must be submitted to the address referenced in Part II.A.1 of this permit), all written
correspondence requested by the Department, including individual permit
applications, shall be sent to the address of the appropriate DOW Water (SPDES)
Program contact at the Regional Office listed in Appendix F.
30
(Part VII)
Part VII. STANDARD PERMIT CONDITIONS
A. Duty to Comply
The[[549,613,974,670][12][,I,][Arial]]owner or operator [[941,613,1685,670][12][,,][Arial]] must comply with all conditions [[1647,613,2336,670][12][,,][Arial]]of this permit. All
contractors
and subcontractors associated with the project must comply with the terms of the
SWPPP. Any non-compliance with this permit constitutes a violation of the Clean
Water Act(CWA) and the ECL and is grounds for an enforcement action against the
[[450,843,942,900][12][,I,][Arial]]owner or operator [[909,843,1705,900][12][,,][Arial]] and/or the contractor/subcont [[1669,843,2336,900][12][,,][Arial]]ractor; permit revocation,
suspension or modification; or denial of a permit renewal application. Upon a finding
of significant non-compliance with this permit or the applicable SWPPP, the
Department may order an immediate stop to all [[1510,1015,1997,1072][12][,I,][Arial]]construction activity [[1962,1015,2336,1072][12][,,][Arial]]at the site until
the non-compliance is remedied. The stop work order shall be in writing, shall
describe the non-compliance in detail, and shall be sent to the [[1834,1130,2262,1187][12][,I,][Arial]]owner or operator [[2229,1130,2279,1187][12][,,][Arial]].
If any human remains or archaeological remains are encountered during excavation,
the[[536,1303,968,1360][12][,I,][Arial]]owner or operator [[934,1303,2050,1360][12][,,][Arial]] must immediately cease, or cause to cease, all [[2016,1303,2308,1360][12][,I,][Arial]]construction
[[450,1360,628,1417][12][,I,][Arial]]activity [[603,1360,1482,1417][12][,,][Arial]] in the area of the remains and no [[1459,1360,2336,1417][12][,,][Arial]]tify the appropriate Regional
Water
Engineer (RWE). [[863,1418,1337,1475][12][,I,][Arial]]Construction activity [[1312,1418,2336,1475][12][,,][Arial]] shall not resume until written permission to
do so has been received from the RWE.
B. Continuation of the Expired General Permit
This permit expires five (5) years from the effective date. If a new general permit is
not issued prior to the expiration of this general permit, an [[1778,1763,2229,1820][12][,I,][Arial]]owner or operator [[2196,1763,2336,1820][12][,,][Arial]]with
coverage under this permitmay continue to operate and [[1737,1820,1976,1877][12][,I,][Arial]]discharge [[1953,1820,2336,1877][12][,,][Arial]] in accordance
with the terms and conditions of this general permit, if it is extended pursuant to the
State Administrative Procedure Act and 6 NYCRR Part 621, untila new general
permit is issued.
C. Enforcement
Failure of the [[788,2223,1268,2280][12][,I,][Arial]]owner or operator, [[1243,2223,1734,2280][12][,,][Arial]]its contractors, subc [[1709,2223,2336,2280][12][,,][Arial]]ontractors,
agents and/or
assigns to strictly adhere to any of the permit requirements contained herein shall
constitute a violation of this permit. There are substantial criminal, civil, and
administrative penalties associated with violating the provisions of this permit. Fines
of up to $37,500 per day for each violation and imprisonment for up to fifteen (15)
years may be assessed depending upon the nature and degree of the offense.
D. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for an [[1165,2740,1600,2797][12][,I,][Arial]]owner or operator [[1567,2740,2336,2797][12][,,][Arial]] in an enforcement action that it
would have been necessary to halt or reduce the [[1590,2798,2082,2855][12][,I,][Arial]]construction activity [[2051,2798,2336,2855][12][,,][Arial]]in order to
maintain compliance with the conditions of this permit.
31
(Part VII.E)
E. Duty to Mitigate
The[[567,498,1047,555][12][,I,][Arial]]owner or operator [[1028,498,2336,555][12][,,][Arial]]and its contractors and subcontractors shall take all
reasonable steps to [[919,555,1138,612][12][,I,][Arial]]minimize [[1116,555,1518,612][12][,,][Arial]] or prevent any [[1488,555,1727,612][12][,I,][Arial]]discharge [[1705,555,2336,612][12][,,][Arial
]] in violation of this permit
which has a reasonable likelihood of adversely affecting human health or the
environment.
F. Duty to Provide Information
The[[548,900,972,957][12][,I,][Arial]]owner or operator [[939,900,1632,957][12][,,][Arial]] shall furnish to the Departmen [[1610,900,2336,957][12][,,][Arial]]t, within a reasonable
specified
time period of a written request, all documentation necessary to demonstrate
eligibility and any information to determine compliance with this permit or to
determine whether cause exists for modifying or revoking this permit, or suspending
or denying coverage under this permit, in accordance with the terms and conditions
of this permit. The NOI, SWPPP and inspection reports required by this permit are
public documents that the [[1054,1245,1508,1302][12][,I,][Arial]]owner or operator [[1478,1245,2337,1302][12][,,][Arial]]must make available for review and
copying by any person within five (5) business days of the [[1869,1303,2336,1360][12][,I,][Arial]]owner or operator
receiving a written request by any such person to review these documents. Copying
of documents will be done at the requester’s expense.
G. Other Information
When the [[679,1648,1108,1705][12][,I,][Arial]]owner or operator [[1074,1648,1726,1705][12][,,][Arial]] becomes aware that they fa [[1704,1648,2336,1705][12][,,][Arial]]iled to submit
any relevant
facts, or submitted incorrect information in the NOI or in any of the documents
required by this permit , or have made substantive revisions to the SWPPP (e.g. the
scope of the project changes significantly, the type of post-construction stormwater
management practice(s) changes, there is a reduction in the sizing of the post-
construction stormwater management practice, or there is an increase in the
disturbance area or [[905,1992,1286,2049][12][,I,][Arial]]impervious area [[1263,1992,2336,2049][12][,,][Arial]]), which were not reflected in the original NOI
submitted to the Department, they shall promptly submit such facts or information to
the Department using the contact information in Part II.A. of this permit. Failure of
the[[541,2165,983,2222][12][,I,][Arial]]owner or operator [[949,2165,2336,2222][12][,,][Arial]] to correct or supplement any relevant facts within five (5)
business days of becoming aware of the deficiency shall constitute a violation of this
permit.
H. Signatory Requirements
All NOIs and NOTs shall be signed as follows:
a. For a corporation these forms shall be signed by a responsible corporate
officer. For the purpose of this section, a responsible corporate officer
means:
(i) a president, secretary, treasurer, or vice-president of the
32
(Part VII.H.1.a.i)
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions
for the corporation; or
(ii) the manager of one or more manufacturing, production or
operating facilities, provided the manager is authorized to make
management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiating
and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems
are established or actions taken to gather complete and accurate
information for permit application requirements; and where
authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship these forms shall be signed by a
general partner or the proprietor, respectively; or
c. For a municipality, State, Federal, or other public agency these forms shall
be signed by either a principal executive officer or ranking elected official.
For purposes of this section, a principal executive officer of a Federal
agency includes:
(i) the chief executive officer of the agency, or
(ii) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g.,
Regional Administrators of EPA).
The SWPPP and other information requested by the Department shall be
signed by a person described in Part VII.H.1. of this permit or by a duly
authorized representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person described in Part VII.H.1.
of this permit;
b. The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field,
superintendent, position of [[1297,2790,1560,2847][12][,I,][Arial]]equivalent [[1525,2790,2336,2847][12][,,][Arial]] responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
33
(Part VII.H.2.b)
individual or any individual occupying a named position) and,
c. The written authorization shall include the name, title and signature of the
authorized representative and be attached to the SWPPP.
All inspection reports shall be signed by the[[1720,670,2221,727][12][,I,][Arial]] qualified inspector [[2203,670,2336,727][12][,,][Arial]]that
performs the inspection.
The MS4 SWPPP Acceptance form shall be signed by the principal
executive officer or ranking elected official from the [[1827,893,2336,950][12][,I,][Arial]]regulated, traditional
[[638,950,1167,1007][12][,I,][Arial]]land use control MS4, [[1129,950,1808,1007][12][,,][Arial]]or by a duly authorized repres [[1782,950,2350,1007][12][,,][Arial]]entative of that
person.
It shall constitute a permit violation if an incorrect and/or improper
signatory authorizes any required forms, SWPPP and/or inspection
reports.
I. Property Rights
The issuance of this permit does not convey any property rights of any sort, nor
any exclusive privileges, nor does it authorize any injury to private property nor
any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations. [[1054,1575,1616,1632][12][,I,][Arial]]Owners or operators [[1609,1575,2336,1632][12][,,][Arial]]must obtain any applicable
conveyances, easements, licenses and/or access to real property prior to
[[525,1690,1284,1747][12][,I,][Arial]]commencing construction activity [[1259,1690,1309,1747][12][,,][Arial]].
J. Severability
The provisions of this permit are severable, and if any provision of this permit, or
the application of any provision of this permit to any circumstance, is held invalid,
the application of such provision to other circumstances, and the remainder of
this permit shall not be affected thereby.
K. Requirement to Obtain Coverage Under an Alternative Permit
The Department may require any [[1435,2323,1883,2380][12][,I,][Arial]]owner or operator [[1850,2323,2336,2380][12][,,][Arial]] authorized by this
permit to apply for and/or obtain either an individual SPDES permit or
another SPDES general permit. When the Department requires any
[[638,2495,877,2552][12][,I,][Arial]]discharge [[854,2495,1605,2552][12][,,][Arial]]r authorized by a general permit [[1568,2495,2336,2552][12][,,][Arial]]to apply for an individual
SPDES
permit, it shall notify the [[1206,2553,1445,2610][12][,I,][Arial]]discharge [[1423,2553,2336,2610][12][,,][Arial]]r in writing that a permit application is
required. This notice shall include a brief statement of the reasons for this
decision, an application form, a statement setting a time frame for the [[2150,2668,2336,2725][12][,I,][Arial]]owner
[[638,2725,923,2782][12][,I,][Arial]]or operator [[889,2725,1515,2782][12][,,][Arial]] to file the application for [[1486,2725,2336,2782][12][,,][Arial]]an individual SPDES permit,
and a
deadline, not sooner than 180 days from [[1571,2783,2006,2840][12][,I,][Arial]]owner or operator [[1973,2783,2336,2840][12][,,][Arial]] receipt of the
notification letter, whereby the authorization to
34
(Part VII.K.1)
[[638,383,877,440][12][,I,][Arial]]discharge [[854,383,1663,440][12][,,][Arial]] under this general permit shall be [[1629,383,2336,440][12][,,][Arial]]terminated. Applications must
be submitted to the appropriate Permit Administrator at the Regional Office.
The Department may grant additional time upon demonstration, to the
satisfaction of the Department, that additional time to apply for an
alternative authorization is necessary or where the Department has not
provided a permit determination in accordance with Part 621 of this Title.
When an individual SPDES permit is issued to a discharger authorized to
[[637,843,876,900][12][,I,][Arial]]discharge [[854,843,1473,900][12][,,][Arial]] under a general SPDES [[1442,843,1939,900][12][,,][Arial]]permit for the same [[1908,843,2147,900][12][,I,][Arial]]d
ischarge [[2125,843,2336,900][12][,,][Arial]](s), the
general permit authorization for outfalls authorized under the individual
SPDES permit is automatically terminated on the effective date of the
individual permit unless termination is earlier in accordance with 6 NYCRR
Part 750.
L. Proper Operation and Maintenance
The[[553,1295,987,1352][12][,I,][Arial]]owner or operator [[954,1295,2336,1352][12][,,][Arial]] shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the [[970,1410,1394,1467][12][,I,][Arial]]owner or operator [[1361,1410,2336,1467][12][,,][Arial]] to achieve compliance with the conditions
of this permit and with the requirements of the SWPPP.
M. Inspection and Entry
The[[552,1698,984,1755][12][,I,][Arial]]owner or operator [[950,1698,1657,1755][12][,,][Arial]] shall allow an authorized repr [[1625,1698,2336,1755][12][,,][Arial]]esentative of the
Department,
EPA, applicable county health department, or, in the case of a construction site
which[[608,1813,875,1870][12][,I,][Arial]]discharges [[850,1813,1186,1870][12][,,][Arial]] through an [[1167,1813,1292,1870][12][,I,][Arial]]MS4 [[1269,1813,2202,1870][12][,,][Arial]],
an authorized representative of the [[2184,1813,2309,1870][12][,I,][Arial]]MS4
receiving the discharge, upon the presentation of credentials and other documents
as may be required by law, to:
Enter upon the [[979,2042,1469,2099][12][,I,][Arial]]owner’s or operator's [[1444,2042,2336,2099][12][,,][Arial]] premises where a regulated facility or
activity is located or conducted or where records must be kept under the
conditions of this permit;
Have access to and copy at reasonable times, any records that must be
kept under the conditions of this permit; and
Inspect at reasonable times any facilities or equipment (including monitoring
and control equipment), practices or operations regulated or required by
this permit.
Sample or monitor at reasonable times, for purposes of assuring permit
compliance or as otherwise authorized by the Act or ECL, any substances
or parameters at any location.
35
(Part VII.N)
N. Permit Actions
This permit may, at any time, be modified, suspended, revoked, orrenewed by the
Department in accordance with 6 NYCRR Part 621. The filing of a request by the
[[450,555,877,612][12][,I,][Arial]]owner or operator [[843,555,1329,612][12][,,][Arial]] for a permit modifica [[1307,555,1850,612][12][,,][Arial]]tion, revocation and rei [[1811,555,2336,612][12][,,
][Arial]]ssuance, termination,
a notification of planned changes or anticipated noncompliance does not limit,
diminish and/or stay compliance with any terms of this permit.
O. Definitions
Definitions of key terms are included in Appendix A of this permit.
P. Re-Opener Clause
If there is evidence indicating potential or realized impacts on water quality
due to any stormwater discharge associated with [[1835,1188,2336,1245][12][,I,][Arial]]construction activity
covered by this permit, the [[1267,1245,1723,1302][12][,I,][Arial]]owner or operator [[1693,1245,2336,1302][12][,,][Arial]]of such discharge may be
required to obtain an individual permit or alternative general permit in
accordance with Part VII.K. of this permit or the permit may be modified to
include different limitations and/or requirements.
Any Department initiated permit modification, suspension or revocation will
be conducted in accordance with 6 NYCRR Part 621, 6 NYCRR 750-1.18,
and 6 NYCRR 750-1.20.
Q. Penalties for Falsification of Forms and Reports
In accordance with 6NYCRR Part 750-2.4 and 750-2.5, any person who knowingly
makes any false material statement, representation, or certification in any
application, record, report or other document filed or required to be maintained under
this permit, including reports of compliance or noncompliance shall, upon conviction,
be punished in accordance with ECL §71-1933 and or Articles 175 and 210 of the
New York State Penal Law.
R. Other Permits
Nothing in this permit relieves the [[1224,2495,1676,2552][12][,I,][Arial]]owner or operator [[1644,2495,2336,2552][12][,,][Arial]]from a requirement to obtain
any other permits required by law.
36
APPENDIX A
Definitions
Alter Hydrology from Pre to Post-Development Conditions -
means the post-
development peak flow rate(s) has increased by more than 5% of the pre-developed
condition for the design storm of interest (e.g. 10 yr and 100 yr).
Combined Sewer -
means a sewer that is designed to collect and convey both “sewage”
and “stormwater”.
Commence (Commencement of) Construction Activities -
means the initial
disturbance of soils associated with clearing, grading or excavation activities; or other
construction related activities that disturb or expose soils such as demolition, stockpiling
of fill material, and the initial installation of erosion and sediment control practices
required in the SWPPP. See definition for “[[1248,1274,1831,1331][12][,I,][Arial]]Construction Activity(ies) [[1798,1274,1984,1331][12][,,][Arial]]” also.
(ies) -
[[300,1389,828,1446][12][B,I,][Arial]]Construction Activity [[953,1389,1687,1446][12][,,][Arial]]means any clearing, grading, ex [[1662,1389,2296,1446][12][,,][Arial]]cavation, filling,
demolition
or stockpiling activities that result in soil disturbance. Clearing activities can include, but
are not limited to, logging equipment operation, the cutting and skidding of trees, stump
removal and/or brush root removal[[1064,1561,1114,1618][12][,I,][Arial]]. [[1078,1561,2134,1618][12][,,][Arial]] Construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity,
or original purpose of a facility.
Direct Discharge (to a specific surface waterbody) -
means that runoff flows from a
construction site by overland flow and the first point of discharge is the specific surface
waterbody, or runoff flows from a construction site to a separate storm sewer system and
the first point of discharge from the separate storm sewer system is the specific surface
waterbody.
Discharge(s)
- means any addition of any pollutant to waters of the State through an
outlet or point source.
Environmental Conservation Law (ECL)
- means chapter 43-B of the Consolidated
Laws of the State of New York, entitled the Environmental Conservation Law.
Equivalent (Equivalence)
– means that the practice or measure meets all the
performance, longevity, maintenance, and safety objectives of the technical standard and
will provide an equal or greater degree of water quality protection.
Final Stabilization -
means that all soil disturbance activities have ceased and a uniform,
perennial vegetative cover with a density of eighty (80) percent over the entire pervious
surface has been established; or other equivalent stabilization measures, such as
permanent landscape mulches, rock rip-rap or washed/crushed stone have been applied
37
on all disturbed areas that are not covered by permanent structures, concrete or
pavement.
General SPDES permit
- means a SPDES permit issued pursuant to 6 NYCRR Part 750-
1.21 and Section 70-0117 of the ECL authorizing a category of discharges.
Groundwater(s)
- means waters in the saturated zone. The saturated zone is a
subsurface zone in which all the interstices are filled with water under pressure greater
than that of the atmosphere. Although the zone may contain gas-filled interstices or
interstices filled with fluids other than water, it is still considered saturated.
Historic Property
– means any building, structure, site, object or district that is listed on
the State or National Registers of Historic Places or is determined to be eligible for listing
on the State
or National Registers of Historic Places.
Impervious Area (Cover) -
means all impermeable surfaces that cannot effectively
infiltrate rainfall. This includes paved, concrete and gravel surfaces (i.e. parking lots,
driveways, roads, runways and sidewalks); building rooftops and miscellaneous
impermeable structures such as patios, pools, and sheds.
Infeasible
– means not technologically possible, or not economically practicable and
achievable in light of best industry practices.
Larger Common Plan of Development or Sale -
means a contiguous area where
multiple separate and distinct [[961,1820,1461,1877][12][,I,][Arial]]construction activities [[1436,1820,2240,1877][12][,,][Arial]] are occurring, or will occur, under
one plan. The term “plan” in “larger common plan of development or sale” is broadly
defined as any announcement or piece of documentation (including a sign, public notice
or hearing, marketing plan, advertisement, drawing, permit application, State
Environmental Quality Review Act (SEQRA) environmental assessment form or other
documents, zoning request, computer design, etc.) or physical demarcation (including
boundary signs, lot stakes, surveyor markings, etc.) indicating that [[1776,2165,2276,2222][12][,I,][Arial]]construction activities
may occur on a specific plot.
For discrete construction projects that are located within a larger common plan of
development or sale that are at least 1/4 mile apart, each project can be treated as a
separate plan of development or sale provided any interconnecting road, pipeline or utility
project that is part of the same “common plan” is not concurrently being disturbed.
Minimize
– means reduce and/or eliminate to the extent achievable using control
measures (including best management practices) that are technologically available and
economically practicable and achievable in light of best industry practices.
Municipal Separate Storm Sewer (MS4)
- a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
38
ditches, man-made
channels, or storm drains):
(i) Owned or operated by a State, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under section 208 of the CWA that discharges to surface waters of the
State[[567,900,617,957][12][,I,][Arial]];
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a [[778,1015,1175,1072][12][,I,][Arial]]combined sewer [[1142,1015,1303,1072][12][,,][Arial]]; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2.
National Pollutant Discharge Elimination System (NPDES)
- means the national
system for the issuance of wastewater and stormwater permits under the Federal Water
Pollution Control Act (Clean Water Act).
New Development
– means any land disturbance that does not meet the definition of
Redevelopment Activity included in this appendix.
NOI Acknowledgment Letter
- means the letter that the Department sends to an owner
or operator to acknowledge the Department’s receipt and acceptance of a complete
Notice of Intent. This letter documents the owner’s or operator’s authorization to
discharge in accordance with the general permit for stormwater discharges from
[[300,1877,761,1934][12][,I,][Arial]]construction activity [[736,1877,786,1934][12][,,][Arial]].
Owner or Operator
- means the person, persons or legal entity which owns or leases the
property on which the [[792,2050,1253,2107][12][,I,][Arial]]construction activity [[1228,2050,2112,2107][12][,,][Arial]] is occurring; and/or an entity that has
operational control over the construction plans and specifications, including the ability to
make modifications to the plans and specifications.
Performance Criteria
– means the design criteria listed under the “Required Elements”
sections in Chapters 5, 6 and 10 of the technical standard, New York State Stormwater
Management Design Manual, dated January 2015. It does not include the Sizing Criteria
(i.e. WQv, RRv, Cpv, Qp and Qf ) in Part I.C.2. of the permit.
Pollutant
- means dredged spoil, filter backwash, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial,
municipal, agricultural waste and ballast discharged into water; which may cause or might
reasonably be expected to cause pollution of the waters of the state in contravention of
the standards or guidance values adopted as provided in 6 NYCRR Parts 700 et seq .
39
Qualified Inspector
- means a person that is knowledgeable in the principles and
practices of erosion and sediment control, such as a licensed Professional Engineer,
Certified Professional in Erosion and Sediment Control (CPESC), Registered Landscape
Architect, or other Department endorsed individual(s).
It can also mean someone working under the direct supervision of, and at the same
company as, the licensed Professional Engineer or Registered Landscape Architect,
provided that person has training in the principles and practices of erosion and sediment
control. Training in the principles and practices of erosion and sediment control means
that the individual working under the direct supervision of the licensed Professional
Engineer or Registered Landscape Architect has received four (4) hours of Department
endorsed training in proper erosion and sediment control principles from a Soil and Water
Conservation District, or other Department endorsed entity. After receiving the initial
training, the individual working under the direct supervision of the licensed Professional
Engineer or Registered Landscape Architect shall receive four (4) hours of training every
three (3) years.
It can also mean a person that meets the [[1220,1360,1756,1417][12][,I,][Arial]]Qualified Professional [[1720,1360,2301,1417][12][,,][Arial]]qualifications in addition
to the [[439,1418,906,1475][12][,I,][Arial]]Qualified Inspector [[870,1418,1237,1475][12][,,][Arial]]qualifications.
Note: Inspections of any post-construction stormwater management practices that include
structural components, such as a dam for an impoundment, shall be performed by a
licensed Professional Engineer.
QualifiedProfessional -
means a person that is knowledgeable in the principles and
practices of stormwater management and treatment, such as a licensed Professional
Engineer, Registered Landscape Architect or other Department endorsed individual(s).
Individuals preparing SWPPPs that require the post-construction stormwater
management practice component must have an understanding of the principles of
hydrology, water quality management practice design, water quantity control design, and,
in many cases, the principles of hydraulics. All components of the SWPPP that involve
the practice of engineering, as defined by the NYS Education Law (see Article 145), shall
be prepared by, or under the direct supervision of, a professional engineer licensed to
practice in the State of New York..
Redevelopment Activity(ies)
– means the disturbance and reconstruction of existing
impervious area, including impervious areas that were removed from a project site within
five (5) years of preliminary project plan submission to the local government (i.e. site plan,
subdivision, etc.).
Regulated, Traditional Land Use Control MS4 -
means a city, town or village with land
use control authority that is required to gain coverage under New York State DEC’s
SPDES General Permit For Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s).
40
Routine Maintenance Activity -
means[[1206,440,1667,497][12][,I,][Arial]]construction activity [[1642,440,2137,497][12][,,][Arial]] that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose of a facility,
including, but not limited to:
- Re-grading of gravel roads or parking lots,
- Stream bank restoration projects (does not include the placement of spoil
material),
- Cleaning and shaping of existing roadside ditches and culverts that maintains the
approximate original line and grade, and hydraulic capacity of the ditch,
- Cleaning and shaping of existing roadside ditches that does not maintain the
approximate original grade, hydraulic capacity and purpose of the ditch if the
changes to the line and grade, hydraulic capacity or purpose of the ditch are
installed to improve water quality and quantity controls (e.g. installing grass lined
ditch),
- Placement of aggregate shoulder backing that makes the transition between the
road shoulder and the ditch or embankment,
- Full depth milling and filling of existing asphalt pavements, replacement of
concrete pavement slabs, and similar work that does not expose soil or disturb the
bottom six (6) inches of subbase material,
- Long-term use of equipment storage areas at or near highway maintenance
facilities,
- Removal of sediment from the edge of the highway to restore a previously
existing sheet-flow drainage connection from the highway surface to the highway
ditch or embankment,
- Existing use of Canal Corp owned upland disposal sites for the canal, and
- Replacement of curbs, gutters, sidewalks and guide rail posts.
Site limitations –
means site conditions that prevent the use of an infiltration technique
and or infiltration of the total WQv. Typical site limitations include: seasonal high
groundwater, shallow depth to bedrock, and soils with an infiltration rate less than 0.5
inches/hour. The existence of site limitations shall be confirmed and documented using
actual field testing (i.e. test pits, soil borings, and infiltration test) or using information from
the most current United States Department of Agriculture (USDA) Soil Survey for the
County where the project is located.
Sizing Criteria
– means the criteria included in Part I.C.2 of the permit that are used to
size post-construction stormwater management control practices. The criteria include;
Water Quality Volume (WQv), Runoff Reduction Volume (RRv), Channel Protection
Volume (Cpv), Overbank Flood (Qp), and Extreme Flood (Qf).
State Pollutant Discharge Elimination System (SPDES)
- means the system
established pursuant to Article 17 of the ECL and 6 NYCRR Part 750 for issuance of
permits authorizing discharges to the waters of the state.
Steep Slope
– means land area with a Soil Slope Phase that is identified as an E or F, or
41
the map unit name is inclusive of 25% or greater slope, on the United States Department
of Agriculture (“USDA”) Soil Survey for the County where the disturbance will occur.
Surface Waters of the State
- shall be construed to include lakes, bays, sounds, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets,
canals, the Atlantic ocean within the territorial seas of the state of New York and all other
bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or
private (except those private waters that do not combine or effect a junction with natural
surface waters), which are wholly or partially within or bordering the state or within its
jurisdiction. Waters of the state are further defined in 6 NYCRR Parts 800 to 941.
Temporarily Ceased
– means that an existing disturbed area will not be disturbed again
within 14 calendar days of the previous soil disturbance.
Temporary Stabilization
- means that exposed soil has been covered with material(s) as
set forth in the technical standard, New York Standards and Specifications for Erosion
and Sediment Control, to prevent the exposed soil from eroding. The materials can
include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g. jute
twisted yarn, excelsior wood fiber mats).
Total Maximum Daily Loads
(TMDLs) - A TMDL is the sum of the allowable loads of a
single pollutant from all contributing point and nonpoint sources. It is a calculation of the
maximum amount of a pollutant that a waterbody can receive on a daily basis and still
meet[[425,1705,964,1762][12][,I,][Arial]]water quality standards [[939,1705,1728,1762][12][,,][Arial]], and an allocation of that amount [[1693,1705,2309,1762][12][,,][Arial]]to the
pollutant's sources.
A TMDL stipulates wasteload allocations (WLAs) for point source discharges, load
allocations (LAs) for nonpoint sources, and a margin of safety (MOS).
Trained Contractor -
means an employee from the contracting (construction) company,
identified in Part III.A.6., that has received four (4) hours of Department endorsed training
in proper erosion and sediment control principles from a Soil and Water Conservation
District, or other Department endorsed entity. After receiving the initial training, the[[2118,2107,2334,2164][12][,I,][Arial]] trained
[[300,2165,556,2222][12][,I,][Arial]]contractor [[523,2165,1220,2222][12][,,][Arial]] shall receive four (4) hours of [[1184,2165,1901,2222][12][,,][Arial]] training every three (3)
years.
It can also mean an employee from the contracting (construction) company, identified in
Part III.A.6., that meets the [[909,2337,1362,2394][12][,I,][Arial]]qualified inspector [[1326,2337,2265,2394][12][,,][Arial]]qualifications (e.g. licensed Professional
Engineer, Certified Professional in Erosion and Sediment Control (CPESC), Registered
Landscape Architect, or someone working under the direct supervision of, and at the
same company as, the licensed Professional Engineer or Registered Landscape
Architect, provided they have received four (4) hours of Department endorsed training in
proper erosion and sediment control principles from a Soil and Water Conservation
District, or other Department endorsed entity).
The[[400,2797,839,2854][12][,I,][Arial]]trained contractor [[803,2797,1479,2854][12][,,][Arial]] is responsible for the day to [[1442,2797,1859,2854][12][,,][Arial]]day implementati
[[1820,2797,2273,2854][12][,,][Arial]]on of the SWPPP.
Uniform Procedures Act (UPA) Permit
- means a permit required under 6 NYCRR Part
42
621 of the Environmental Conservation Law (ECL), Article 70.
Water Quality Standard
- means such measures of purity or quality for any waters in
relation to their reasonable and necessary use as promulgated in 6 NYCRR Part 700 et
seq.
43
APPENDIX B
Required SWPPP Components by Project Type
Table 1
CARPSWPPP
ONSTRUCTIONCTIVITIES THAT EQUIRE THE REPARATION OF A
TOIESC
HATNLYNCLUDESROSION AND EDIMENT ONTROLS
The following construction activities that involve soil disturbances of one (1) or more acres of
land, but less than five (5) acres:
• Single family home not located in one of the watersheds listed in Appendix C or not [[2105,980,2287,1028][10][,I,][Arial]]directly
[[563,1028,826,1076][10][,I,][Arial]]discharging [[787,1028,1770,1075][10][,,][Arial]]to one of the 303(d) segments listed in Appendix E
• Single family residential subdivisions with 25% or less impervious cover at total site build-out
and not located in one of the watersheds listed in Appendix C and not directly discharging to
one of the 303(d) segments listed in Appendix E
•
Construction of a barn or other agricultural building, silo, stock yard or pen.
The following construction activities that involve soil disturbances of one (1) or more acres of
land:
• Installation of underground, linear utilities; such as gas lines, fiber-optic cable, cable TV,
electric, telephone, sewer mains, and watermains
• Environmental enhancement projects, such as wetland mitigation projects, stormwater
retrofits and stream restoration projects
• Bike paths and trails
• Sidewalk construction projects that are not part of a road/ highway constructionor
reconstruction project
• Slope stabilization projects
• Slope flattening that changes the grade of the site, but does not significantly change the
runoff characteristics
• Spoil areas that will be covered with vegetation
• Land clearing and grading for the purposes of creating vegetated open space (i.e.
recreational parks, lawns, meadows, fields), excluding projects that [[1809,2023,2299,2071][10][,I,][Arial]]alter hydrology from pre
[[563,2071,988,2119][10][,I,][Arial]]to post development [[949,2071,1187,2118][10][,,][Arial]]conditions
• Athletic fields (natural grass) that do not include the construction or reconstruction of
[[563,2166,909,2214][10][,I,][Arial]]impervious area [[871,2166,1118,2213][10][,,][Arial]]and do not [[1079,2166,1955,2214][10][,I,][Arial]]alter hydrology from pre to post development
[[1917,2166,2155,2213][10][,,][Arial]]conditions
• Demolition project where vegetation will be established and no redevelopment is planned
• Overhead electric transmission line project that does not include the construction of
permanent access roads or parking areas surfaced with [[1600,2310,1965,2358][10][,I,][Arial]]impervious cover
•
Structural practices as identified in Table II in the “Agricultural Management Practices
Catalog for Nonpoint Source Pollution in New York State”, excluding projects that involve soil
disturbances of less than five acres and construction activities that include the construction
or reconstruction of impervious area
The following construction activities that involve soil disturbances between five thousand (5000)
square feet and one (1) acre of land:
•
All construction activities located in the watersheds identified in Appendix Dthat
involve soil disturbances between five thousand (5,000) square feet and one (1) acre of
land.
44
Table 2
CARPSWPPPTI
ONSTRUCTION CTIVITIES THAT EQUIRE THE REPARATION OF A HATNCLUDES
P-SMP
OSTCONSTRUCTIONTORMWATERANAGEMENT RACTICES
The following construction activities that involve soil disturbances of one (1) or more acres of
land:
• Single family home located in one of the watersheds listed in Appendix C or [[1966,677,2127,725][10][,I,][Arial]]directly
[[562,725,825,773][10][,I,][Arial]]discharging [[787,725,1770,772][10][,,][Arial]]to one of the 303(d) segments listed in Appendix E
• Single family residential subdivisions located in one of the watersheds listed in Appendix C
or[[611,820,1018,868][10][,I,][Arial]]directly discharging [[979,820,1962,867][10][,,][Arial]]to one of the 303(d) segments listed in Appendix E
• Single family residential subdivisions that involve soil disturbances of between one (1) and
five (5) acres of land with greater than 25% impervious cover at total site build-out
• Single family residential subdivisions that involve soil disturbances of five (5) or more acres
of land, and single family residential subdivisions that involve soil disturbances of less than
five (5) acres that are part of a larger common plan of development or sale that will ultimately
disturb five or more acres of land
• Multi-family residential developments; includes townhomes, condominiums, senior housing
complexes, apartment complexes, and mobile home parks
• Airports
• Amusement parks
• Campgrounds
• Cemeteries that include the construction or reconstruction of impervious area (>5% of
disturbed area) or [[903,1443,1849,1491][10][,I,][Arial]]alter the hydrology from pre to post development [[1811,1443,2028,1490][10][,,][Arial]]conditions
• Commercial developments
• Churches and other places of worship
• Construction of a barn or other agricultural building(e.g. silo) and structural practices as
identified in Table II in the “Agricultural Management Practices Catalog for Nonpoint Source
Pollution in New York State” that include the construction or reconstruction of [[1992,1683,2244,1731][10][,I,][Arial]]impervious
[[562,1731,672,1779][10][,I,][Arial]]area [[646,1731,1383,1778][10][,,][Arial]], excluding projects that involve soil di [[1343,1731,2041,1778][10][,,][Arial]]sturbances of less than
five acres.
• Golf courses
• Institutional, includes hospitals, prisons, schools and colleges
• Industrial facilities, includes industrial parks
• Landfills
• Municipal facilities; includes highway garages, transfer stations, office buildings, POTW’s
and water treatment plants
• Office complexes
• Sports complexes
• Racetracks, includes racetracks with earthen (dirt) surface
• Road construction or reconstruction
•
Parking lot construction or reconstruction
• Athletic fields (natural grass) that include the construction or reconstruction of impervious
area (>5% of disturbed area) or [[1154,2361,2100,2409][10][,I,][Arial]]alter the hydrology from pre to post development [[2062,2361,2279,2408][10][,,][Arial]]conditions
• Athletic fields with artificial turf
• Permanent access roads, parking areas, substations, compressor stations and well drilling
pads, surfaced with [[933,2505,1310,2553][10][,I,][Arial]]impervious cover, [[1271,2505,2203,2552][10][,,][Arial]]and constructed as part of an over-head electric
transmission line project , wind-power project, cell tower project, oil or gas well drilling
project, sewer or water main project or other linear utility project
•
All other construction activities that include the construction or reconstruction of [[2033,2656,2284,2704][10][,I,][Arial]]impervious
[[562,2704,672,2752][10][,I,][Arial]]area [[658,2704,745,2751][10][,,][Arial]]or [[706,2704,1652,2752][10][,I,][Arial]]alter the hydrology from pre to post development [[1614,2704,2238,2751][10][,,
][Arial]]conditions, and are not listed in
Table 1
45
APPENDIX C
Watersheds Where Enhanced Phosphorus Removal Standards Are Required
Watersheds where of construction activities identified in Table
[[756,613,1289,670][12][B,I,][Arial]]owners or operators
2 of Appendix B must prepare a SWPPP that includes post-construction
stormwater management practices designed in conformance with the Enhanced
Phosphorus Removal Standards included in the technical standard, New York
State Stormwater Management Design Manual (“Design Manual”).
-
Entire New York City Watershed located east of the Hudson RiverFigure 1
•
-
Onondaga Lake WatershedFigure 2
•
-
Greenwood Lake WatershedFigure 3
•
Oscawana Lake Watershed – Figure 4
•
Kinderhook Lake Watershed – Figure 5
•
46
Figure 1 - New York City Watershed East of the Hudson
47
Figure 2 - Onondaga Lake Watershed
48
Figure 3 - Greenwood Lake Watershed
49
Figure 4 - Oscawana Lake Watershed
50
51
APPENDIX D
Watersheds where of construction activities that involve soil
[[756,555,1289,612][12][B,I,][Arial]]owners or operators
disturbances between five thousand (5000) square feet and one (1) acre of land
must obtain coverage under this permit.
-
Entire New York City Watershed that is located east of the Hudson RiverSee Figure
1 in Appendix C
52
APPENDIX E
List of 303(d) segments impaired by pollutants related to [[1454,498,1881,551][11][,I,][Arial]]construction activity [[1854,498,2288,550][11][,,][Arial]] (e.g. silt, sediment
or nutrients). [[570,551,1038,604][11][,I,][Arial]]Owners or operators [[1001,551,2319,603][11][,,][Arial]]of single family home and single family residential subdivisions
with 25% or less total impervious cover at total site build-out that involve soil disturbances of one
or more acres of land, but less than 5 acres, and [[1296,656,1703,709][11][,I,][Arial]]directly discharge [[1666,656,2302,708][11][,,][Arial]]to one of the listed segments
below shall prepare a SWPPP that includes post-construction stormwater management practices
designed in conformance with the New York State Stormwater Management Design Manual
(“Design Manual”), dated January 2015.
COUNTY WATERBODY COUNTY WATERBODY
Albany Ann Lee (Shakers) Pond, Stump Pond Greene Sleepy Hollow Lake
Albany Basic Creek Reservoir Herkimer Steele Creek tribs
Allegheny Amity Lake, Saunders Pond Kings Hendrix Creek
Bronx Van Cortlandt Lake Lewis Mill Creek/South Branch and tribs
Broome Whitney Point Lake/Reservoir Livingston Conesus Lake
Broome Fly Pond, Deer Lake Livingston Jaycox Creek and tribs
Broome Minor Tribs to Lower Susquehanna Livingston Mill Creek and minor tribs
(north)Livingston Bradner Creek and tribs
Cattaraugus Allegheny River/Reservoir Livingston Christie Creek and tribs
Cattaraugus Case Lake Monroe Lake Ontario Shoreline, Western
Cattaraugus Linlyco/Club Pond Monroe Mill Creek/Blue Pond Outlet and tribs
Cayuga Duck Lake Monroe Rochester Embayment - East
Chautauqua Chautauqua Lake, North Monroe Rochester Embayment - West
Chautauqua Chautauqua Lake, South Monroe Unnamed Trib to Honeoye Creek
Chautauqua Bear Lake Monroe Genesee River, Lower, Main Stem
Chautauqua Chadakoin River and tribs Monroe Genesee River, Middle, Main Stem
Chautauqua Lower Cassadaga Lake Monroe Black Creek, Lower, and minor tribs
Chautauqua Middle Cassadaga Lake Monroe Buck Pond
Chautauqua Findley Lake Monroe Long Pond
Clinton Great Chazy River, Lower, Main Stem Monroe Cranberry Pond
Columbia Kinderhook Lake Monroe Mill Creek and tribs
Columbia Robinson Pond Monroe Shipbuilders Creek and tribs
Dutchess Hillside Lake Monroe Minor tribs to Irondequoit Bay
Dutchess Wappinger Lakes Monroe Thomas Creek/White Brook and tribs
Dutchess Fall Kill and tribs Nassau Glen Cove Creek, Lower, and tribs
Erie Green Lake Nassau LI Tribs (fresh) to East Bay
Erie Scajaquada Creek, Lower, and tribs Nassau East Meadow Brook, Upper, and tribs
Erie Scajaquada Creek, Middle, and tribs Nassau Hempstead Bay
Erie Scajaquada Creek, Upper, and tribs Nassau Hempstead Lake
Erie Rush Creek and tribs Nassau Grant Park Pond
Erie Ellicott Creek, Lower, and tribs Nassau Beaver Lake
Erie Beeman Creek and tribs Nassau Camaans Pond
Erie Murder Creek, Lower, and tribs Nassau Halls Pond
Erie South Branch Smoke Cr, Lower, and Nassau LI Tidal Tribs to Hempstead Bay
tribsNassau Massapequa Creek and tribs
Erie Little Sister Creek, Lower, and tribs Nassau Reynolds Channel, east
Essex Lake George (primary county: Warren) Nassau Reynolds Channel, west
Genesee Black Creek, Upper, and minor tribs Nassau Silver Lake, Lofts Pond
Genesee Tonawanda Creek, Middle, Main Stem Nassau Woodmere Channel
Genesee Oak Orchard Creek, Upper, and tribs Niagara Hyde Park Lake
Genesee Bowen Brook and tribs Niagara Lake Ontario Shoreline, Western
Genesee Bigelow Creek and tribs Niagara Bergholtz Creek and tribs
Genesee Black Creek, Middle, and minor tribs Oneida Ballou, Nail Creeks
Genesee LeRoy Reservoir Onondaga Ley Creek and tribs
Greene Schoharie ReservoirOnondaga Onondaga Creek, Lower and tribs
53
APPENDIX E
List of 303(d) segments impaired by pollutants related to construction activity, cont’d.
COUNTY WATERBODYCOUNTY WATERBODY
Onondaga Onondaga Creek, Middle and tribs Suffolk Great South Bay, West
Onondaga Onondaga Creek, Upp, and minor tribs Suffolk Mill and Seven Ponds
Onondaga Harbor Brook, Lower, and tribs Suffolk Moriches Bay, East
Onondaga Ninemile Creek, Lower, and tribs Suffolk Moriches Bay, West
Onondaga Minor tribs to Onondaga Lake Suffolk Quantuck Bay
Onondaga Onondaga Creek, Lower, and tribs Suffolk Shinnecock Bay (and Inlet)
Ontario Honeoye Lake Sullivan Bodine, Montgomery Lakes
Ontario Hemlock Lake Outlet and minor tribs Sullivan Davies Lake
Ontario Great Brook and minor tribs Sullivan Pleasure Lake
Orange Monhagen Brook and tribs Sullivan Swan Lake
Orange Orange Lake Tompkins Cayuga Lake, Southern End
Orleans Lake Ontario Shoreline, Western Tompkins Owasco Inlet, Upper, and tribs
Oswego Pleasant Lake Ulster Ashokan Reservoir
Oswego Lake Neatahwanta Ulster Esopus Creek, Upper, and minor
Putnam Oscawana Lake tribs
Putnam Palmer Lake Ulster Esopus Creek, Lower, Main Stem
Putnam Lake Carmel Ulster Esopus Creek, Middle, and minor
Queens Jamaica Bay, Eastern, and tribs (Queens) tribs
Queens Bergen Basin Warren Lake George
Queens Shellbank Basin Warren Tribs to L.George, Village of L
Rensselaer Nassau Lake George
Rensselaer Snyders Lake Warren Huddle/Finkle Brooks and tribs
Richmond Grasmere, Arbutus and Wolfes Lakes Warren Indian Brook and tribs
Rockland Congers Lake, Swartout Lake Warren Hague Brook and tribs
Rockland Rockland Lake Washington Tribs to L.George, East Shr Lk
Saratoga Ballston Lake George
Saratoga Round Lake Washington Cossayuna Lake
Saratoga Dwaas Kill and tribs Washington Wood Cr/Champlain Canal, minor
Saratoga Tribs to Lake Lonely tribs
Saratoga Lake Lonely Wayne Port Bay
Schenectady Collins Lake Wayne Marbletown Creek and tribs
Schenectady Duane Lake Westchester Lake Katonah
Schenectady Mariaville Lake Westchester Lake Mohegan
Schoharie Engleville Pond Westchester Lake Shenorock
Schoharie Summit Lake Westchester Reservoir No.1 (Lake Isle)
Schuyler Cayuta Lake Westchester Saw Mill River, Middle, and tribs
St. Lawrence Fish Creek and minor tribs Westchester Silver Lake
St. Lawrence Black Lake Outlet/Black LakeWestchester Teatown Lake
Steuben Lake Salubria Westchester Truesdale Lake
Steuben Smith Pond Westchester Wallace Pond
Suffolk Millers Pond Westchester Peach Lake
Suffolk Mattituck (Marratooka) Pond Westchester Mamaroneck River, Lower
Suffolk Tidal tribs to West Moriches Bay
Westchester Mamaroneck River, Upp, and tribs
Suffolk Canaan Lake Westchester Sheldrake River and tribs
Suffolk Lake Ronkonkoma Westchester Blind Brook, Lower
Suffolk Beaverdam Creek and tribs Westchester Blind Brook, Upper, and tribs
Suffolk Big/Little Fresh Ponds Westchester Lake Lincolndale
Suffolk Fresh Pond Westchester Lake Meahaugh
Suffolk Great South Bay, East Wyoming Java Lake
Suffolk Great South Bay, Middle Wyoming Silver Lake
Note: The list above identifies those waters from the final New York State “2014 Section 303(d) List of
Impaired Waters Requiring a TMDL/Other Strategy”, dated January 2015, that are impaired by silt,
sediment or nutrients.
54
APPENDIX F
LNYSDECRO
IST OF EGIONAL FFICES
RegionCDIVISIONOFDIVISIONOFWATER
OVERING THE
ENVIRONMENTAL (DOW)
FOLLOWING
:PERMITS(DEP)
COUNTIES
PAW(SPDES)
ERMIT DMINISTRATORSATER
P
ROGRAM
1 NS50CR50CR
ASSAU AND UFFOLKIRCLE OADIRCLE OAD
SB,N11790 SB,N11790-3409
TONYROOKYTONYROOKY
T.(631)444-0365T.(631)444-0405
ELEL
2 B,K,NY,1HPP,1HPP,
RONXINGSEWORKUNTERS OINT LAZAUNTERS OINT LAZA
QR21S.21S.
47-4047-40
UEENS AND ICHMONDSTTSTT
LIC,N11101-5407 LIC,N11101-5407
ONGSLAND ITYYONGSLAND ITYY
T.(718)482-4997T.(718)482-4933
ELEL
3 D,O,P,21SPCR100HA,S1
UTCHESSRANGEUTNAMOUTHUTT ORNERS OADILLSIDE VENUEUITE W
R,S,UNP,N12561-1696 WP,N10603
OCKLANDULLIVANLSTER EWALTZYHITELAINSY
WT.(845)256-3059T.(914)428-2505
AND ESTCHESTERELEL
4 A,C,1150NWR1130NWR
LBANYOLUMBIAORTH ESTCOTT OADORTH ESTCOTT OAD
D,G,S,N12306-2014 S,N12306-2014
ELAWAREREENECHENECTADYYCHENECTADYY
M,O,T.(518)357-2069T.(518)357-2045
ONTGOMERYTSEGOELEL
R,S
ENSSELAERCHENECTADY
S
AND CHOHARIE
5 C,E,F,1115SR86,PB296 232GCR
LINTONSSEXRANKLINTATE OUTE OOXOLFOURSE OAD
F,H,B,N12977-0296 ,N12885-1172
RW
ULTONAMILTONAY ROOKYARRENSBURGY
S,WT.(518)897-1234T.(518)623-1200
ARATOGAARREN AND ELEL
W
ASHINGTON
6 HERKIMER, JEFFERSON, STATE OFFICE BUILDING STATE OFFICE BUILDING
LEWIS, ONEIDA AND 317 WASHINGTON STREET
207 GENESEE STREET
ST. LAWRENCEWATERTOWN, NY 13601-3787 UTICA, NY 13501-2885
TEL. (315) 785-2245TEL. (315) 793-2554
7 BROOME, CAYUGA, 615 ERIE BLVD. WEST 615 ERIE BLVD. WEST
CHENANGO, CORTLAND,
SYRACUSE, NY 13204-2400 SYRACUSE, NY 13204-2400
MADISON, ONONDAGA, TEL. (315) 426-7438TEL. (315) 426-7500
OSWEGO, TIOGA AND
TOMPKINS
8 CHEMUNG, GENESEE,
6274 EAST AVON-LIMA ROAD 6274 EAST AVON-LIMA RD.
LIVINGSTON, MONROE, AVON, NY 14414-9519 AVON, NY 14414-9519
ONTARIO, ORLEANS, TEL. (585) 226-2466TEL. (585) 226-2466
SCHUYLER, SENECA,
STEUBEN, WAYNE AND
YATES
9 ALLEGANY, 270 MICHIGAN AVENUE 270 MICHIGAN AVE.
CATTARAUGUS, BUFFALO, NY 14203-2999 BUFFALO, NY 14203-2999
CHAUTAUQUA, ERIE, TEL. (716) 851-7165TEL. (716) 851-7070
NIAGARA AND WYOMING
55
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