HomeMy WebLinkAboutNYSDEC General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) GP-0-15-003
PREFACE
Pursuant to Section 402 of the Clean Water Act (CWA), operators of small municipal separate
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storm sewer systems (small MS4s), located in urbanized areas (UA) and those additionally
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designated by New York State are unlawful unless they are authorized by a National Pollutant
Discharge Elimination System (NPDES) permit or by a state permit program. New Yorks State
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Pollutant Discharge Elimination System (SPDES) is an NPDES-approved program with permits
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issued in accordance with the Environmental Conservation Law (ECL).
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Only those small MS4 operators who develop and implement a stormwater management
program (SWMP) and obtain permit coverage in accordance with Part II of this SPDES general
permit are authorized to discharge stormwater from their small MS4 under this SPDES general
permit.
A covered entity authorized under GP-0-10-002 as of the effective date of GP-0-15-003, shall be
permitted to discharge in accordance with the renewed permit, GP-0-15-003, upon the
submission of their Annual Report, unless otherwise notified by the Department.
1 obtain coverage under this SPDES general
An operator not authorized under GP-0-15-003 may
permit by submitting a Notice of Intent (NOI) to the address provided on the NOI form. For
newly regulated MS4s, authorization under this SPDES general permit is effective upon written
notification from the Department of the receipt of a complete NOI. Copies of this SPDES general
permit and the NOI for New York are available by calling (518) 402 - 8109 or at any Department
of Environmental Conservation (Department) regional office (Appendix A). They are also
available on the Department s website:
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http://www.dec.ny.gov/permits/6045.html
Submitting an NOI is an affirmation that an initial SWMP has been developed and will be
implemented in accordance with the terms of this SPDES general permit.
* Note: all italicized words within this SPDES general permit are defined in Part X. Acronyms
and Definitions.
The term may is used to recognize that there are circumstances under which the operator is ineligible for coverage under
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this g SPDES general permit because of exclusionary provisions of this permit. Operators that are excluded from coverage under
this SPDES general permit as provided for in Part I, for example, are not authorized to discharge under this permit. This
clarification also applies to situations in which an NOI has been submitted; submission of an NOI by an entity excluded from
SPDES general permit coverage does not authorize the small MS4 to discharge stormwater runoff under the authority of this
SPDES general permit
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPDES GENERAL PERMIT FOR DISCHARGES FROM
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
Table of Contents
Part I. PERMIT COVERAGE AND LIMITATIONS ................................................................................ 6
A. Permit Application ............................................................................................................ 6
B. Limitations on Coverage................................................................................................... 7
C. Exemption Criteria ........................................................................................................... 7
Part II. OBTAINING PERMIT COVERAGE.......................................................................................... 8
A.Permit coverage is obtained by submission of a complete and accurate Notice of Intent. 8
B.Permit coverage is public noticed by the Department. ....................................................... 8
C.Continuance of Permit Coverage for Covered Entities Authorized by GP-0-10-002
(Continuing Covered Entities) ..................................................................................................... 8
D. Permit Coverage for Covered Entities Newly Designated Under GP-0-15-003 (Small
MS4s not Previously Authorized by GP-0-10-002) ..................................................................... 8
E Small MS4s Not Required to Gain Coverage........................................................................ 9
F. Extension of Permit Coverage to Covered Entitys Full Jurisdiction................................ 9
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G.Single Entity to Cover the MS4....................................................................................... 10
Part III. SPECIAL CONDITIONS ....................................................................................................... 10
A. Discharge Compliance with Water Quality Standards ................................................... 10
B.Impaired Waters ................................................................................................................ 11
Part IV. Stormwater Management Program (SWMP) Requirements ........................................... 14
A. SWMP Background ......................................................................................................... 14
B. Cooperation Between Covered Entities Encouraged ..................................................... 14
C.SWMP Coverage Area .................................................................................................... 15
D. SWMP Development and Implementation for Covered entities Authorized by GP-0-10-
002(Continuing Covered entities)............................................................................................. 15
E. SWMP Development and Implementation for Newly Regulated Covered entities (Small
MS4s not Previously Authorized by GP-0-10-002)................................................................... 16
F. Minimum Control Measures.......................................................................................... 16
G. Reliance Upon Third Parties ........................................................................................... 17
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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Part V. PROGRAM ASSESSMENT, RECORD KEEPING, REPORTING AND CERTIFICATION
REQUIREMENTS............................................................................................................................ 18
A. Assessment ..................................................................................................................... 18
B. Recordkeeping................................................................................................................ 18
C.Annual Reporting............................................................................................................... 18
D.Annual Report Certification........................................................................................... 21
Part VI. STANDARD PERMIT CONDITIONS.................................................................................... 22
A. General Authority to Enforce ......................................................................................... 22
B. Duty To Comply .............................................................................................................. 22
C. Enforcement ................................................................................................................... 22
D. Continuation of the Expired SPDES General Permit ...................................................... 22
E. Technology Standards .................................................................................................... 22
F. Need To Halt or Reduce Activity Not a Defense ............................................................ 23
G. Duty to Mitigate............................................................................................................. 23
H. Duty to Provide Information .......................................................................................... 23
I. Other Information .............................................................................................................. 23
J. Signatory Requirements.................................................................................................... 23
K. Penalties for Falsification of Reports............................................................................. 25
L. Oil and Hazardous Substance Liability ........................................................................... 25
M. Property Rights ............................................................................................................... 25
N. Severability ..................................................................................................................... 25
O. Requiring an Individual Permit or an Alternative General Permit ................................. 25
P. Other State Environmental Laws ................................................................................... 26
Q. Proper Operation and Maintenance .............................................................................. 26
R. Inspection and Entry ...................................................................................................... 27
S. Permit Actions ................................................................................................................ 27
T.Anticipated noncompliance ............................................................................................... 27
U.Permit Transfers............................................................................................................. 27
Part VII. MINIMUM CONTROL MEASURES - TRADITIONAL LAND USE CONTROL......................... 28
A. Traditional Land-Use Control MS4 Minimum Control Measures (MCMs)..................... 28
PART VIII. MINIMUM CONTROL MEASURES - TRADITIONAL NON-LAND USE CONTROL AND NON-
TRADITIONAL MS4s ....................................................................................................................... 49
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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A. Traditional Non-Land Use Control and Non-traditional MS4 Minimum Control
Measures (MCMs) ..................................................................................................................... 49
Part IX. WATERSHED IMPROVEMENT STRATEGY REQUIREMENTS .............................................. 68
A.New York City East of Hudson Watershed MS4s -(Mapped in Appendix 3)..................... 69
B.Other Phosphorus Watershed MS4s (Mapped in Appendices 4, 5, and 10) ..................... 75
C.Pathogen Impaired Watershed MS4s (Mapped in Appendix 6, 7 and 9)....................... 78
D.Nitrogen Watershed MS4s (Mapped in Appendix 8) ..................................................... 84
Part X. ACRONYMS AND DEFINITIONS.......................................................................................... 87
A. Acronym List ......................................................................................................................... 87
B. Definitions ............................................................................................................................. 87
Part XI. RE-OPENER CLAUSE.......................................................................................................... 98
APPENDICES .................................................................................................................................. 99
APPENDIX 1. LIST OF NYS DEC REGIONAL OFFICES................................................................... 99
APPENDIX 2. IMPAIRED SEGMENTS AND PRIMARY POLLUTANTS OF CONCERN................... 100
APPENDIX 3.NEW YORK CITY WATERSHED EAST OF THE HUDSON RIVER WATERSHED MAP
................................................................................................................................................. 108
APPENDIX 4. ONONDAGA LAKE WATERSHED MAP ................................................................ 109
APPENDIX 5. GREENWOOD LAKE WATERSHED MAP............................................................. 110
APPENDIX 6. OYSTER BAY WATERSHED MAP......................................................................... 111
APPENDIX 7. PECONIC ESTUARY PATHOGEN WATERSHED MAP ........................................... 112
APPENDIX 8. PECONIC ESTUARY NITROGEN WATERSHED MAP ............................................ 112
APPENDIX 9. THE 27 LONG ISLAND SHELLFISHING IMAPIRED EMBAYMENT MAP................ 114
APPENDIX 10. LAKE OSCAWANA WATERSHED MAP .............................................................. 115
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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Part I. PERMIT COVERAGE AND LIMITATIONS
A. Permit Application
1. This SPDES general permit authorizes discharges of stormwater from small
municipal separate storm sewer system s (MS4"s) as defined in 40 CFR
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122.26(b)(16), provided all of the eligibility provisionsof this SPDES general
permit are met.
2. Exempt Non-Stormwater Discharges. The following non-stormwater
discharges are exempt from the need for SPDES general permit coverage
unless the Department has determined them to be substantial contributors
of pollutants to a particular small MS4 applying for coverage under this
SPDES general permit. If the Department determines that one or more of the
discharges listed below is a substantial contributor of pollutants to a small
MS4, the identified discharges will be considered illicit. In that event, the
covered entity must eliminate such discharges by following the illicit
discharge minimum control measure (MCM) requirements (See Part VII.A.3
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or VIII.A.3, and Part IX.A.3, B.3, C.3, and D.3 where applicable).
a. water line flushing
b. landscape irrigation
c. diverted stream flows
d. rising ground waters
e. uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20))
f. uncontaminated ground water
g. discharges from potable water sources
h. foundation drains
i. air conditioning condensate
j. irrigation water
k. springs
l. water from crawl space and basement sump pumps
m. footing drains
n. lawn and landscape watering runoff provided that all pesticides and
fertilizers have been applied in accordance with the manufacturers
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product label;
o. water from individual residential car washing
p. flows from riparian habitats and wetlands
q. dechlorinated swimming pool discharges
r. residual street wash water
s. discharges or flows from firefighting activities
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part I.A.2.)
t. dechlorinated water reservoir discharges
u. any SPDES permitted discharge.
Even if the non-stormwater discharges are determined not to be substantial
contributors of pollutants, the Department recommends that the covered
entitys stormwater management program (SWMP) include public
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education and outreach activities directed at reducing pollution from these
discharges.
B. Limitations on Coverage
The following are not authorized by this SPDES general permit:
1. Stormwater discharges whose unmitigated, direct, indirect, interrelated,
interconnected, or interdependent impacts would jeopardize a listed endangered or
threatened species or adversely modify designated critical habitat;
s SWMP, which
2. Stormwater discharges or implementation of a covered entity
adversely affect properties listed or eligible for listing in the National Register of
Historic Places, unless the covered entity is in compliance with requirements of the
National Historic Preservation Act and has coordinated with the appropriate State
Historic Preservation Office any activities necessary to avoid or minimize impacts;
3. Stormwater discharges to territorial seas not of the State of New York, the
contiguous zone, and the oceans unless such discharges are in compliance with the
ocean discharge criteria of 40 CFR 125 subpart M;
4. Stormwater discharges, the permitting of which is prohibited under 40 CFR 122.4
and/ or the ECL;
C. Exemption Criteria
For stormwater discharges from a designated small MS4 that are mixed with
non-stormwater or stormwater associated with industrial activity, the Department may
determine them to be exempt from the requirements of this SPDES general permit if the
discharges are:
1. Effectively addressed by and in compliance with a different SPDES general permit or
an individual SPDES permit; or
2. Identified by and in compliance with Part I.A.2 of this SPDES general permit.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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Part II. OBTAINING PERMIT COVERAGE
A.Permit coverage is obtained by submission of a complete and accurate Notice of
Intent.
B.Permit coverage is public noticed by the Department.
NOIs will be public noticed and an opportunity for public comment provided on the
contents of submitted NOIs.
a. NOIs and the location of the SWMPs and Annual Reports for existing MS4s will be
posted in the Environmental Notice Bulletin (ENB).
b. A deadline of 28 calendar days from the posting in the ENB will be provided for
receiving comments.
c. After the public comment period has expired, the Department may extend the
public comment period, require submission of an application for an individual SPDES
permit or alternative SPDES general permit, or accept the NOI or SWMP as
complete.
C.Continuance of Permit Coverage for Covered Entities Authorized by GP-0-10-002
(Continuing Covered Entities)
As of May 1, 2015, entities with coverage under GP-0-10-002 will continue to have
authorization to discharge on an interim basis for up to 180 days from the effective date
of this SPDES general permit. Covered entities may gain coverage under this SPDES
general permit by submission of their 2014 Annual Report due in June 2015. For public
participation purposes, the updated Annual Report will be considered equivalent to
submission of an NOI.
When the operator changes, a new operator is added, or the individual responsible for
the SWMP changes, these changes must be indicated on the MCC form submitted in
accordance with Part V.D. It is not necessary to submit a revised Notice of Intent (NOI).
D. Permit Coverage for Covered Entities Newly Designated Under GP-0-15-003(Small
MS4s not Previously Authorized by GP-0-10-002)
Certain small MS4s designated by 40CFR Section 122.32(a)(1) were not authorized by
GP-0-10-002, but are now required to gain coverage under this SPDES general permit.
The small MS4s were not previously authorized because they were either:
- required to gain coverage under GP-0-10-002, but were granted a waiver from that
requirement;
- were not required to gain coverage under GP-0-10-002 based on the designation
criteria, but they are now within an Additionally Designated Area; or
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part II.D.)
- were otherwise not permitted under GP-0-10-002.
1. In order for stormwater discharges from small MS4s to be newly authorized under
this SPDES general permit, an operator must:
a. within 180 days of receiving written notification from the Department that a
permit for discharges from MS4s is required, prepare an NOI using the form
provided by the Department (or a photocopy thereof); and
b. submit the NOI, signed in accordance with Part VI.J of this SPDES general permit,
to:
NOTICE OF INTENT
NYS DEC, Bureau of Water Permits
th Floor
625 Broadway, 4
Albany, NY 12233-3505
2. Operators who submit a complete NOI in accordance with the requirements of this
SPDES general permit are authorized to discharge stormwater from small MS4s,
under the terms and conditions of this SPDES general permit, upon written
notification from the Department that a complete NOI has been received.
ESmall MS4s Not Required to Gain Coverage
Operators of unregulated small MS4s may apply for coverage under this SPDES general
permit at any time, per Part II.B.
F. Extension of Permit Coverage to Covered Entitys Full Jurisdiction
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Operators of traditionalland use control MS4s must extend the implementation of
minimum control measures (MCMs) 4 and 5in accordance with Criterion 3 of the
Designation Criteria or apply for a waiver, if eligible.
Operators of all regulated small MS4 s may also extend theimplementation of any of the
six MCMs to areas under their control, but outside of the existing area covered by this
SPDES general permit. This may be done by describing the program components
(MCMs) being extended and the geographic extent to which they are being extended in
the annual report (Part V.C.) and indicating in the Municipal Compliance Certification
(MCC) form (Part V.D.) that the program was extended to the covered entitys full
jurisdiction.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part II.)
G.Single Entity to Cover the MS4
A single entity may gain coverage for, and on behalf of, one or more regulated MS4s to
implement a partof an MCM, one, or all the MCMs. A single entity shall be defined by
watershed, municipal boundaries, special district boundaries, or other specifically
defined boundaries. The single entity must demonstrate to the Department that it was
formed in accordance with applicable state and/or local legislation, and that it has the
legal authority and capacity (financial, resources, etc.) to meet the requirements of this
SPDES general permit. Depending on the MCM(s) implemented, the single entity shall
demonstrate that it has the following capacities, as applicable for each MCM that the
single entity is seeking coverage under this SPDES general permit:
1. Initiate and administer appropriate enforcement procedures,
2. Collect, finance, bond or otherwise borrow money for capital projects,
3. Control the management and operation of the storm sewer system,
4. Implement best management practices at all municipal facilities discharging to
the MS4, and
5. Obtain access to property that may be necessary for siting stormwater
management facilities and/or practices.
The single entity must submit a complete NOI form to the Department, detailing which
of the regulated MS4s it will gain coverage for and which of the MCMs, or parts of
MCMs, it will implement for each particular regulated MS4. A copy of the document
forming the single entity, and detailing the legal authority and capacity of the single
entity, must be attached to the NOI. Prior to the single entity gaining coverage under
this SPDES general permit, each regulated MS4, for which the single entity will
implementing one or more MCM must submit a complete notice of termination (NOT).
This notice shall specify which of the minimum control measures the single entity will
implement for the MS4 and which of the minimum control measures the MS4 will
implement.
Part III. SPECIAL CONDITIONS
A. Discharge Compliance with Water Quality Standards
Where a discharge is already authorized under this SPDES general permit and is later
determined to directly or indirectly cause or have the reasonable potential to cause or
contribute to the violation of an applicable water quality standard, the Department will
notify the covered entity of such violation(s) and may take enforcement actions for such
violations. The covered entity must take all necessary actions to ensure future
discharges do not directly or indirectly cause or contribute to the violation of a water
quality standard, and the covered entity must document these actions in the SWMP.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part III.A.)
Compliance with this requirement does not preclude, limit, or eliminate any
enforcement activity as provided by the Federal and / or State law for the underlying
violation. Additionally, if violations of applicable water quality standards occur, then
coverage under this SPDES general permit may be terminated by the Department in
accordance with 750-1.21(e), and the Department may require an application for an
alternative SPDES general permit or individual SPDES permit may be issued.
B.Impaired Waters
1. Impaired Waters Without Watershed Improvement Strategies or Future TMDLs
If a small MS4 discharges a stormwater pollutant of concern (POC) to an impaired
water listed in Appendix 2, the covered entity must ensure no net increase in its
discharge of the listed POC to that water.
By January 8, 2013, covered entities must assess potential sources of discharge of
stormwater POC(s), identify potential stormwater pollutant reduction measures, and
evaluate their progress in addressing the POC(S). Newly authorized covered entities
must perform the above tasks within 5 years after gaining coverage under this SPDES
general permit. Covered entities must evaluate their SWMP with respect to the
MS4's effectiveness in ensuring there is no net increase discharge of stormwater
POC(s) to the impaired waters for storm sewersheds that have undergone non-
negligible changes such as changes to land use and impervious cover greater than
one acre, or stormwater management practices during the time the MS4 has been
covered by this SPDES general permit. This assessment shall be conducted for the
portions of the small MS4 storm sewershed that discharge to the listed waters (see
Appendix 2). The assessment shall be done using Department supported modeling of
pollutant loading.
If the modeling shows increases in loading of the POC, the SWMP must be modified
to reduce the loading to meet the no net increase requirement. The subsequent
annual reports must contain an assessment of priority stormwater problems,
potential management practices that are effective for reduction of stormwater
POC(s), and document a gross estimate of the extent and cost of the potential
improvements.
2. Watershed Improvement Strategies
The SWMP s for covered entities in the watersheds listed below must be modified to
comply with the following requirements and the watershed improvement strategies.
Covered entities implementing the pollutant-specific BMPs in addition to the BMPs
required of all covered entities will be taking satisfactory steps towards achieving
compliance with TMDL requirements. Covered entities under the MS4 SPDES general
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part III.B.2.)
permit are required to make best efforts to participate in locally based watershed
planning efforts that involve the NYSDEC, other covered entities, stakeholders and
other interested parties for implementation of load reduction BMPs. Covered
entities may form a Regional Stormwater Entity (RSE) to implement stormwater
retrofits collectively. The covered entities must ensure that discharges of the POC to
the TMDL waterbody are reduced through these or additional changes to the SWMP
so that the waste load allocation is met.
MS4s are required to meet the reduction of the POC defined by the TMDL program
defined in Part IX of this SPDES general permit. By the deadlines defined in Part IX of
the general permit, covered entities must assess their progress and evaluate their
SWMP to determine the MS4's effectiveness in reducing their discharges of TMDL
POC(s) to TMDL water bodies. Newly designated watershed improvement strategy
areas must perform the assessment within 5 years from authorization under this
SPDES general permit. This assessment shall be conducted for the portions of the
small MS4 storm sewershed that are within the TMDL watershed. The assessment
shall be done using Department supported modeling of pollutant loading from the
storm sewershed. The covered entities or an RSE must prepare and implement,
participate in or utilize the results of existing or ongoing ambient water quality
monitoring programs to validate the accuracy of models and evaluate the
effectiveness of the additional BMPS for watershed improvement strategies.
If the modeling shows that loading of the POC is not being reduced to meet the
waste load allocation, the SWMP must be modified to reduce the pollutant loading
to meet the waste load allocation.
Each regulated MS4 is responsible for an individual load reduction, which is a
fraction of the total required load reduction in the TMDL. If MS4s form an RSE and
stormwater retrofits are approached collectively, the Department would allow
compliance with this condition of the SPDES general permit to be achieved on a
regional basis.
In this case the load reduction requirement for each participating MS4 will be
aggregated, to create an RSE load reduction, to allow design and installation of
retrofits where they are most feasible, without restricting MS4s to site retrofit
projects within their municipal boundaries.
Each member of an RSE is in compliance if the aggregate reduction number
associated with the retrofit plans is met. If the aggregate number is not met, each of
the participating MS4s would be deemed non-compliant until such time as they had
met their individual load reduction requirements.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part III.B.2.)
a. New York City Watershed East of the Hudson River
Covered entities shall modify their SWMP to meet the additional requirements as
set forth in Part IX.A to address phosphorus as the POC for the portion of their
storm sewershed in the watershed. A map of the watershed is shown in
Appendix 3.
b. Other Phosphorus Watersheds
Covered entities shall modify their SWMP to meet the additional requirements as
set forth in Part IX.B to address phosphorus as the POC for the portion of their
storm sewershed in the watershed. Maps of the watersheds are shown in
Appendices 4, 5, and 10.
c. Pathogen Watersheds
Covered entities shall modify their SWMP to meet the additional requirements as
set forth in Part IX.C to address pathogens as the POC for the portion of their
storm sewershed in any of the watersheds. Maps of the watersheds are shown in
Appendices 6, 7, and 9.
d. Nitrogen Watersheds
Covered entities shall modify their SWMP to meet the additional requirements as
set forth in Part IX.D to address nitrogen as the POC for the portion of their
storm sewershed in the watershed. Maps of the watersheds are shown in
Appendix 8.
3. Future TMDL Areas
If a TMDL is approved in the future by EPA for any waterbody or watershed into
which a small MS4 discharges, the covered entity must review the applicable TMDL
to see if it includes requirements for control of stormwater discharges. If a covered
entity is not meeting the TMDL wasteload allocations, it must, within 180 days of
written notification from the Department, modify its SWMP to ensure that the
reduction of the POC specified in the TMDL is achieved. It will be the MS4's
obligation to meet the waste load allocations specified in the TMDL through
modification of its SWMP plan according to the schedule of Part IX of this SPDES
general permit.
Modifications must be considered for each of the six MCMs. Refer to assistance
documents or enhanced requirements for specific pollutants in documents on the
Department s website for modifications specific to the TMDL. Revised SWMPs must
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include updated schedules for implementation.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part III.B.3.)
Within three years of having modified its SWMP to ensure that reduction of the POC
specified in the TMDL is achieved, covered entities in future TMDL areas must assess
their progress and evaluate their SWMP to determine the MS4's effectiveness in
reducing their discharges of TMDL POC(s) to TMDL water bodies. This assessment
shall be conducted for the portions of the small MS4 storm sewershed that are
within the TMDL watershed. The assessment shall be done using Department
supported modeling of pollutant loading from the storm sewershed.
Part IV. Stormwater Management Program (SWMP) Requirements
A. SWMP Background
Covered entities must develop(for newly authorized MS4s,implement), and enforce a
SWMP designed to reduce the discharge of pollutants from small MS4s to the maximum
extent practicable (MEP) in order to protect water quality and to satisfy the
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appropriate water quality requirements of the ECL and the CWA. The objective of the
permit is for MS4s to assure achievement of the applicable water quality standards.
Covered entities under GP-0-10-002 must have prepared a SWMP plan documenting
modifications to their SWMP. See Part X.B. (Definitions) for more information about the
SWMP and SWMP plan.
The SWMP and SWMP plan may be created by an individual covered entity, by a shared
effort through a group or coalition of individual covered entities, or by a third party
entity. The SWMP plan shall be made readily available to covered entitys staff, to the
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public and to Department and EPA staff.
B. CooperationBetween Covered Entities Encouraged
The Department encourages covered entities to cooperate when developing and
2. However, each covered entity is responsible for obtaining
implementing their SWMP
its own permit coverage and for filing its own NOI. Irrespective of any agreements
between covered entities, each individual covered entity remains legally responsible for
satisfying all GP-0-15-003 requirements and for its own discharges. If one covered entity
is relying on another covered entity to satisfy one or more of its permit obligations, that
For example, villages are encouraged to cooperate with towns, towns with counties, and adjacent counties with each
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other. In addition, municipal governments are encouraged to coordinate and cooperate with such as
DOT, school and fire districts, Federal and State facilities located within and adjacent to their jurisdictions. Sewer boards,
water boards, or other non-traditional entities are encouraged to partner with the municipality (municipalities) that they
serve.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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fact must be noted on the covered entity's MCC form. The other entity must, in fact,
implement
(Part IV.B.)
the MCM(s) and must agree to implement the MCM(s) on the first covered entity's
behalf. This agreement between the two or more parties must be documented in
writing and signed by both (all) parties. Part IV.G. below may apply if such an agreement
is not already in place. The agreement must be included in the SWMP plan, and be
retained by the covered entity for the duration of this SPDES general permit, including
any administrative extensions of the permit term.
Covered entities that are working together to develop (for newly authorized MS4s) or
implement their SWMP s are encouraged to complete shared annual reports. Covered
entities may also hold a group meeting to present their annual reports to the public and
to receive comments on their annual reports. These options are discussed in more detail
in Part V.C.2.
C.SWMPCoverage Area
At a minimum, covered entities are required to develop (for newly authorized MS4s) and
implement SWMP s in the automatically designated urbanized areas (UA) and
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additionally designated areas (40CFR Section 122.32(a)(1) or 122.32(a)(2)) under their
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jurisdiction.
SWMP coverage shall include all UA or additionally designated areas within the covered
entity s jurisdiction that drain into their small MS4 and subsequently discharge to
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surface waters of the State directly or through other small MS4s.
Operators of small MS4s whose jurisdiction includes regulated and unregulated areas
are encouraged to include their entire jurisdiction in their SWMP (refer to Part II.D).
D. SWMP Development and Implementation for Covered entities Authorized by GP-0-
10-002(Continuing Covered entities)
Covered entities authorized under GP-0-10-002 shall continue to fully implement their
SWMP, unless otherwise stated in this SPDES general permit. A covered entity may
The purpose of this section is to minimize conflicts between adjacent small MS4s. For the purposes of this SPDES general
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s jurisdiction shall mean areas where the legal authority exists for the subject covered
permit, areas under the covered entity
entity to develop and implement an SWMP including the six MCMs. It is not a permit requirement for covered entities to
implement and enforce any portion of their SWMP in any area that is under the jurisdiction of another covered entity. For
example, if a portion of a town drains directly into a stormwater system owned and operated by the State DOT, and this area of
the town is regulated, the DOT will not be required to implement and enforce any portion of a SWMP in the area lying outside
of its right of way. In this case, the town would be required to implement the program in the subject area in accordance with
this SPDES general permit, this despite the fact that the subject drainage does not directly enter the towns system.
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SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
15
modify its SWMP if it determines changes are needed to improve implementation of its
SWMP. Any changes to a SWMP shall be reported to the Department in the MS4's
(Part IV.)
annual report and Municipal Compliance Certification (MCC) form (See Part V.C and
V.D).
E. SWMP Development and Implementation for Newly Regulated Covered entities
(Small MS4s not Previously Authorized by GP-0-10-002)
Certain small MS4s designated by 40CFR Section 122.32(a)(1) were not authorized by
GP-0-10-002, but are now required to gain coverage under this SPDES general permit.
The small MS4s were not previously authorized because they were either:
- required to gain coverage under GP-0-10-002, but were granted a waiver from that
requirement;
- were not required to gain coverage under GP-0-10-002 based on the designation
criteria, but they now meet the additional designation criteria in NYS DEC
Designation Criteria for Identifying Regulated Municipal Separate Storm Sewer
A
Systems ; or
@
- were otherwise not permitted under GP-0-10-002.
Operators of small MS4s newly regulated under this SPDES general permit must develop
an initial SWMP and provide adequate resources to fully implement the SWMP no later
than three years from the date of the individual MS4's authorization.
A newly regulated covered entity may modify its SWMP to comply with the terms and
conditions of this SPDES general permit if it determines changes are needed to improve
implementation of its SWMP. Any changes to a SWMP shall be documented in the
SWMP plan and reported to the Department in the annual report (See Part V.C).
Covered entities are required to make steady progress toward full implementation in the
first three years after the date of authorization. Full implementation of SWMP s for
newly regulated small MS4s is expected no later than three years from the date of
coverage under this SPDES general permit.
F. Minimum Control Measures
Each covered entity is required to develop (for newly authorized MS4s) and implement a
SWMP that satisfies the requirements for each of six required program components,
known as minimum control measures (MCMs).
The MCMs for traditional land use control MS4s are listed in Part VII. The MCMs for
traditional non-land use control MS4s and non-traditional MS4s are listed in Part VIII.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
16
Additional MCMs that covered entities in watersheds with improvement strategies must
address, referred to in Part III.B.2, are described in Part IX.
(Part IV.)
G. Reliance Upon Third Parties
This section applies when a covered entity relies upon any third party entity to develop
or implement any portion of its SWMP. Examples of such entities include, but are not
limited to a non-government, commercial entity that receives payment from the
covered entity for services provided (for example businesses that create policies or
procedures for covered entities, perform illicit discharge identification and track down,
maintain roads, remove snow, clean storm sewer system, sweep streets, etc. as
contracted by the covered entity).
The covered entity must, through a signed certification statement, contract or
agreement provide adequate assurance that the third parties will comply with permit
requirements applicable to the work performed by the third party. The certification
statement, contract or other agreement must:
- provide adequate assurance that the third party will comply with permit
requirements;
- identify the activities that the third party entity will be responsible for and include
the name and title of the person providing the signature;
- the name, address and telephone number of the third party entity;
- an identifying description of the location of the work performed; and
- the date the certification statement, contract or other agreement is signed.
Example certification language is provided below:
Contracted Entity Certification Statement:
I certify under penalty of law that I understand and agree to comply with the terms and
A
conditions of the (covered entitys name) stormwater management program and agree
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to implement any corrective actions identified by the (covered entitys name) or a
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representative. I also understand that the (covered entitys name) must comply with the
=
terms and conditions of the New York State Pollutant Discharge Elimination System
(SPDES) general permit for stormwater discharges from the Municipal Separate Storm
A@
Sewer Systems (MS4s") and that it is unlawful for any person to directly or indirectly
A
cause or contribute to a violation of water quality standards. Further, I understand that
any non-compliance by (covered entitys name) will not diminish, eliminate, or lessen
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my own liability.
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SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
17
Part V. PROGRAM ASSESSMENT, RECORD KEEPING, REPORTING
AND CERTIFICATION REQUIREMENTS
A. Assessment
Covered entities are required to collect and report information about the development
and implementation of their SWMPs. Specific information the small MS4s are required
to collect is identified in Parts VII or VIII, depending on the type of small MS4. The small
MS4s are encouraged to collect additional information that will help them evaluate their
SWMP. Collection of information over time will facilitate the evaluation of the covered
s SWMP by allowing the examination of trends in the information collected.
entity
The covered entity must conduct an annual evaluation of its program compliance, the
appropriateness of its identified BMPs, meeting new permit requirements, and progress
towards achieving its identified measurable goals, which must include reducing the
discharge of pollutants to the MEP.
Where the evaluation shows that the SWMP is not reducing discharges to the MEP, the
SWMP shall be revised to reduce discharges to the MEP. Update to the SWMP and the
SWMP plan must be completed within a year from the annual evaluation of their SWMP
with an implementation schedule no later than 3 years from the annual evaluation.
B. Recordkeeping
The covered entity must keep records required by this SPDES general permit (records
that document SWMP, records included in SWMP plan, other records that verify
reporting required by the permit, NOI, past annual reports, and comments from the
public and the Department, etc.) for at least five (5) years after they are generated.
Records must be submitted to the Department within 5 business days of receipt of a
Department request for such information. The covered entity shall keep duplicate
records (either hard copy or electronic), to have one copy for public observation and a
separate working copy where the covered entitys staff, other individuals responsible for
the SWMP and regulators, such as Department and EPA staff can access them. Records,
including the NOI and the SWMP plan, must be available to the public at reasonable
times during regular business hours.
C.Annual Reporting
1. Annual Report Submittal
The annual reporting period ends March 9 of each year. The annual report must be
received in the Department s Central Office, electronic or hard copy, no later than
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June 1 of each reporting year. If electronic, submit in accordance with procedures
set forth by the Department. If mailed, send to the address below:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
18
(Part V.C.1.)
NYS DEC MS4 Coordinator
A@
Bureau of Water Permits
th
625 Broadway, 4 Floor
Albany, NY 12233-3505
Failure to submit a complete annual report and a complete MCC form (Part V.D)
shall constitute a permit violation.
a. Annual Report Submittal for Newly Regulated Covered entities (Small MS4s not
Previously Authorized by GP-0-10-002)
Newly regulated covered entities developing their SWMP are to submit their
Annual Report in a format provided by the Department. They will provide, at a
minimum, the information on the annual report form and the information
required by Parts VII or VIII.
Newly regulated covered entities are required to submit their first annual report
the year that authorization is granted if authorization is granted on or before
December 31 of that reporting year.
b. Annual Report Submittal for Covered entities Authorized by GP-0-10-002
(Continuing Covered entities)
Beginning with annual reports due in 2010 covered entities implementing their
SWMP shall submit, at a minimum, information specified by the Department in
Part VII or VIII in a format provided by the Department.
2. Shared Annual Reporting and Submittal
Covered entities working together to develop (for newly authorized MS4s) and /or
implement their SWMP s may complete a shared annual report. The shared annual
report is an annual report that outlines and explains group activities, but also
includes the tasks performed by individual covered entities (BMPs, measurable
goals, schedules of planned activities, etc.). To facilitate the submission of one
annual report for the entire group of covered entities, individual covered entitys
activities may be incorporated into the report by either:
- providing the details specific to their small MS4(s) to a person(s) who
incorporates that information into the group report. That one group report is
submitted to the Department for all participating small MS4s; or
- providing the details specific to their small MS4(s) on a separate sheet(s) that
will be attached with the one group report.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
19
(Part V.C.2.)
Regardless of the method chosen, each covered entity must, by June 1 of the
annual reporting year:
a. Provide their individual MCC form (see Part V.D) to be submitted with the shared
annual report. Each covered entity must sign and submit an MCC form to take
responsibility for all of the information in the annual report, which includes
specific endorsement or acceptance of the shared annual report on behalf of the
individual covered entity;
b. Present their draft annual report at a meeting (see Part VII.A.2.d or Part
VIII.A.2.d for more information). For completed shared annual reports, the
report may be presented by each participating individual covered entity at an
existing municipal meeting or may be made available for comments on the
internet. Additionally, covered entities participating in shared annual reporting
may combine meetings to have a group or regional meeting. While the group
meeting is allowable, each covered entity shall ensure that local public officials
and members of the public are informed about the program, activities and
progress made; and
c. Submit a summary of any comments received and (intended) responses on the
individual covered entity s information or the shared annual report information,
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as applicable. This information should be included with the annual report
submission. Changes made to the SWMP in response to comments should be
described in the annual report.
3. Annual Report Content
The annual report shall summarize the activities performed throughout the
reporting period (March 10 to March 9) and must include at a minimum:
a. The status of compliance with permit conditions, including Watershed
Improvement Strategy conditions;
b. An assessment/evaluation of:
i. the appropriateness of the identified BMPs;
ii. progress towards achieving the statutory goal of reducing the discharge of
pollutants to the MEP; and
iii. the identified measurable goals for each of the MCMs.
c. Results of information collected and analyzed, monitoring data, and an
assessment of the small MS4's SWMP progress toward the statutory goal of
reducing the discharge of pollutants to the MEP during the reporting period. This
could include results from required SWMP reporting, estimates of pollutant
loading (from parameters such as identified illicit discharges, physically
interconnected small MS4 s that may contribute substantially to pollutant
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
20
(Part V.C.3.c.)
loadings from the small MS4) and pollutant load reductions (such as illicit
discharges removed). This assessment may be submitted as an attachment;
d. When required to be completed, results of assessments of effectiveness in
meeting no net increase requirements or TMDL loadings as required by III. B.1
and 2. These results must be submitted in evaluation forms and as an
attachment;
e. A summary of the stormwater activities planned to be undertaken during the
next reporting cycle (including an implementation schedule);
f. Any change in identified BMPs or measurable goals and justification for those
changes;
g. Notice that a small MS4 is relying on another entity to satisfy some or all of its
permit obligations (if applicable);
h. A summary of the public comments received on this annual report at the public
presentation required in Part VII.A.2. or VIII.A.2. And, as appropriate, how the
small MS4 will respond to comments and modify the program in response to the
comments;
i. A statement that the final report and, beginning in 2009, the SWMP plan are
available for public review and the location where they are available; and
j. The information specified under the reporting requirements for each MCM (Part
VII or VIII).
D.Annual Report Certification
A signed original hard copy and a photocopy of the MCC form must be submitted to the
Department no later than June 1 of each reporting year. If the annual report is mailed
(Part V.C. above), the MCC form must be submitted with the annual report.
The MCC form, provided by the Department, certifies that all applicable conditions of
Parts IV, VII, VIII and IX of this SPDES general permit are being developed, implemented
and complied with. It must be signed by an individual as described in Part VI.J.2. The
certification provided by the MCC form does not affect, replace or negate the
certification required under Part VI.J(2)(d). If compliance with any requirement cannot
be certified to on the MCC form, a complete explanation with a description of corrective
measures must be included as requested on the MCC form.
Failure to submit a complete annual report (Part V.C.) and a complete MCC form shall
constitute a permit violation.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
21
Part VI. STANDARD PERMIT CONDITIONS
A. General Authority to Enforce
Three of the MCMs (illicit discharge detection and elimination, construction site
stormwater runoff control and post-construction stormwater management) require local
laws, ordinances or other regulatory mechanisms to ensure successful implementation of
the MCMs. Some covered entities, however, are not enabled by state law to adopt local
laws or ordinances. Those covered entities (typically non-traditional MS4s and traditional,
non-land use control MS4s) are expected to utilize the authority they do possess to
create or modify existing regulatory mechanisms, including but not limited to contracts,
bid specifications, requests for proposals, etc. to ensure successful implementation.
B. Duty To Comply
A covered entity must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the CWA and the ECL and is grounds for
enforcement action.
C. Enforcement
Failure of the covered entity, its contractors, subcontractors, agents and/or assigns to
strictly adhere to any of the SPDES general permit requirements contained herein shall
constitute a permit violation. 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. Continuation of the Expired SPDES General Permit
This SPDES general permit expires five years from the effective date of this permit.
However, an administratively extended SPDES general permit continues in force and
effect until the Department issues a new permit, unless a covered entity receives written
notice from the Department to the contrary. Operators of the MS4s authorized under the
administratively extended expiring SPDES general permit seeking coverage under the
new SPDES general permit must refer to the terms within the new SPDES general permit
to continue coverage.
E. Technology Standards
Covered entities, in accordance with written notification by the Department, must
comply with all applicable technology-based effluent standards or limitations
promulgated by EPA pursuant to Sections 301 and 304 of the CWA. If an effluent
standard or limitation more stringent than any effluent limitation in the SPDES general
permit or controlling a pollutant not limited in the permit is promulgated or approved
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
22
(Part VI.E.)
after the permit is issued, the SWMP plan shall be promptly modified to include that
effluent standard or limitation.
F. Need To Halt or Reduce Activity Not a Defense
It shall not be a defense for a covered entity in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain compliance
with the conditions of this SPDES general permit.
G.Duty to Mitigate
The covered entity shall take all reasonable steps to minimize or prevent any discharge in
violation of this SPDES general permit which has a reasonable likelihood of adversely
affecting human health or the environment.
H. Duty to Provide Information
The covered entity shall, within five (5) business days, make available for inspection and
copying or furnish to the Department or an authorized representative of the Department
any information that is requested to determine compliance with this SPDES general
permit. Failure to provide information requested shall be a violation of the terms of this
SPDES general permit and applicable regulation.
I. Other Information
Covered entities who become aware of a failure to submit any relevant facts or have
submitted incorrect information in the NOI or in any other report to the Department
must promptly submit such facts or information.
J.Signatory Requirements
All NOIs, reports, certifications or information submitted to the Department, or that this
SPDES general permit requires be maintained by the covered entity, shall be signed as
follows:
1. Notices of Intent
All NOIs shall be signed by either a principal executive officer or ranking elected
official. Principal executive officer includes (1) the chief executive officer of the
municipal entity agency, or (2) a senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.
2. Reports Required and Other Information Requested
All reports required by this SPDES general permit and other information requested by
the Department, including MCC forms (part V.D.), shall be signed by a person
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
23
(Part VI.J.2.)
4. A person is a
described above or by a duly authorized representative of that person
duly authorized representative only if:
a. The authorization is made in writing by a person described in VI.J.1 above and
submitted to the Department; and
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 well field, superintendent, or position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the covered entity (a duly authorized
representative may thus be either a named 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 MCC form; and
d. Changes to authorization. If an authorization to discharge is no longer accurate
because a different covered entity has responsibility for the overall operation of
s program, these changes must be indicated on the MCC
another covered entity
form submitted to the Department per Part V.D.
e. Initial signatory authorization or changes to signatory authorization. The initial
signatory authorization must be submitted to the Department with any reports to
be signed by a signatory representative. If a signatory authorization under VI.J.2 is
no longer accurate because a different individual, or position, has responsibility
for the overall operation of the facility, a new signatory authorization satisfying
the requirements of VI.J.2 must be submitted to the Department with any reports
to be signed by an authorized representative.
f. Certification. Any person signing documents under paragraph VI.H shall make the
following certification:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gathered and evaluated the
4
Positions that must be duly authorized include, but are not limited to, Environmental Directors, Deputy Supervisors, Safety and
Environmental Managers, Assistant Directors, and Chief Health and Safety Officers.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
24
(Part VI.J.2.f.)
information submitted. Based on my inquiry of the person or persons who manage
the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information.
Under Part VI.J. (Signatory Requirements), it shall constitute a permit violation if an
incorrect and/or improper signatory authorizes any required forms, and/or reports.
K. Penalties for Falsification of Reports
Article 17 of the ECL provides a civil penalty of $37,500 per day per violation of this
permit. Articles 175 and 210 of the New York State Penal Law provide for a criminal
penalty of a fine and / or imprisonment for falsifying reports required under this permit..
L. Oil and Hazardous Substance Liability
Nothing in this SPDES general permit shall be construed to preclude the institution of any
legal action or relieve the covered entity from any responsibilities, liabilities, or penalties
to which it is or may be subject under section 311 of the CWA or section 106 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA).
M. Property Rights
The issuance of this SPDES general 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,nor does it limit, diminish and / or stay compliance with any terms of this
permit.
N. Severability
The provisions of this SPDES general permit are severable, and if any provision of this
SPDES general permit, or the application of any provision of this SPDES general 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.
O. Requiring an Individual Permit or an Alternative General Permit
1. In its sole discretion, the Department may require any person authorized by this
SPDES general permit to apply for and/or obtain either an individual SPDES permit or
an alternative SPDES general permit. Where the Department requires a covered entity
to apply for an individual SPDES permit, the Department will notify such
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
25
(Part VI.O.1.)
person in writing that a permit application is required. This notification shall include a
brief statement of the reasons for this decision, an application form, a statement
setting a deadline for filing the application, and a deadline not sooner than 180 days
from covered entitys receipt of the notification letter, whereby the authorization to
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discharge under this general permit shall be terminated. Applications must be
submitted to the appropriate Regional Office. The Department may grant additional
time to submit the application upon request of the applicant.
2. Any covered entity authorized by this SPDES general permit may request to be
excluded from the coverage of this SPDES general permit by applying for an individual
SPDES permit or an alternative SPDES general permit. In such cases, a covered entity
must submit an individual application or an application for an alternative SPDES
general permit in accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with
reasons supporting the request, to the Department at the address for the appropriate
Regional Office. The request may be granted by issuance of any individual SPDES
permit or an alternative SPDES general permit if the reasons cited by the covered
entity are adequate to support the request.
3. When an individual SPDES permit is issued to a discharger authorized to discharge
under a SPDES general permit for the same discharge(s), the general permit
authorization for outfalls authorized under the individual permit is automatically
terminated on the effective date of the individual permit unless termination is earlier
in accordance with 6 NYCRR Part 750.
P. Other State Environmental Laws
1. Nothing in this SPDES general permit shall be construed to preclude the institution of
any legal action or relieve a covered entity from any responsibilities, liabilities, or
penalties established pursuant to any applicable State law or regulation under
authority preserved by section 510 of the CWA.
2. No condition of this SPDES general permit releases the covered entity from any
responsibility or requirements under other environmental statutes or regulations.
Q. Proper Operation and Maintenance
A covered entity must 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
covered entity to achieve compliance with the conditions of this SPDES general permit.
Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. Proper operation and maintenance requires
the operation of backup or auxiliary facilities or similar systems,
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
26
(Part VI.Q.)
installed by a covered entity only when necessary to achieve compliance with the
conditions of the SPDES general permit.
R. Inspection and Entry
The covered entity shall allow the Commissioner of NYSDEC, the Regional Administrator
of the USEPA, the applicable county health department, or their authorized
representatives, upon the presentation of credentials and other documents as may be
required by law, to:
1. Enter upon the covered entitys premises where a regulated facility or activity is
located or conducted or where records must be kept under the conditions of this
SPDES general permit;
2. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit, including records required to be maintained for
purposes of operation and maintenance; and
3. Inspect at reasonable times any facilities or equipment (including monitoring and
control equipment), practices, or operations regulated or required under the permit.
S. Permit Actions
At the Department s sole discretion, this SPDES general permit may be modified,
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revoked, suspended, or renewed for cause at any time.
T.Anticipated noncompliance
The covered entity shall give advance notice to the Department of any planned changes
in the permitted facility or activity which may result in noncompliance with permit
requirements. Notification of planned changes or anticipated noncompliance does not
limit, diminish and / or stay compliance with any terms of this permit.
.
U.Permit Transfers
Coverage under this SPDES general permit is not transferable to any person except after
notice to the Department.The Department may require modification or revocation and
reissuance of this SPDES general permit to change the responsible party and incorporate
such other requirements as may be necessary.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
27
Part VII. MINIMUM CONTROL MEASURES -TRADITIONAL LAND USE
CONTROL
A. Traditional Land-Use Control MS4 Minimum Control Measures (MCMs)
These MCMs apply to traditional land use control MS4s (cities, towns, villages). The
SWMP for these small MS4s must be comprised of the 6 MCMs below. It is
recommended that covered entities refer to assistance and guidance documents
available from the State and EPA.
Continuing covered entities were required to develop a SWMP with the MCM
requirements below by January 8, 2008 (if authorized by GP-02-02) and within three
years of gaining coverage (if authorized by GP-0-10-002). Under this SPDES general
permit, the continuing covered entities are required to implement their SWMP, including
the MCM requirements below. Notwithstanding any sooner deadlines contained
elsewhere within this permit, newly regulated covered entities are required to develop
their SWMP, containing the MCM requirements below, within the first 3 years of
coverage and then commence implementation.
For each of the elements of the SWMP plan, the covered entity must identify (i) the
agencies and/or offices that would be responsible for implementing the SWMP plan
element and (ii) any protocols for coordination among such agencies and/or offices
necessary for the implementation of the plan element.
The covered entity may develop (for newly authorized MS4s) and /or implement their
SWMP within their jurisdiction on their own. The covered entity may also develop (for
newly authorized MS4s) and / or implement part or all of their SWMP through an
intermunicipal program with another covered entity(s) or through other cooperative or
contractual agreements with third parties that provide services to the covered entities.
1. Public Education and Outreach - SWMP Development / Implementation
At a minimum, all covered entities must:
a. Identify POCs, waterbodies of concern, geographic areas of concern, target
audiences;
b. Develop (for newly authorized MS4s) and implement an ongoing public education and
outreach program designed to describe to the general public and target audiences:
i. the impacts of stormwater discharges on waterbodies;
ii. POC s and their sources;
iii. steps that contributors of these pollutants can take to reduce pollutants in
stormwater runoff; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
28
(Part VII.A.1.b.)
iv. steps that contributors of non-stormwater discharges can take to reduce
pollutants (non-stormwater discharges are listed in Part I.A.2);
c. Develop (for newly authorized MS4s), record, periodically assess, and modify as
needed, measurable goals; and
d. Select and implement appropriate education and outreach activities and measurable
goals to ensure the reduction of all POC s in stormwater discharges to the MEP.
Required SWMP Reporting
e. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. list education / outreach activities performed for the general public and target
audiences and provide any results (for example, number of people attended,
amount of materials distributed, etc.);
ii. covered entities performing the education and outreach activities required by
other MCMs (listed below), may report on those activities in MCM 1 and provide
the following information applicable to their program:
- IDDE education activities planned or completed for public employees,
businesses, and the general public, as required by Part VII.A.3;
- construction site stormwater control training planned or completed, as
required by Part VII.A.4; and
- employee pollution prevention / good housekeeping training planned or
completed, as required by Part VII.A.6; and
To facilitate shared annual reporting, if the education and outreach activities
above are implemented by a third party, and the third party is completing the
associated portions of the annual report, that third party may report on the
education and outreach activities within MCM 1 of the annual report and not
within the MCMs that the education and outreach activities are required by,
iii. report on effectiveness of program, BMP and measurable goal assessment; and
iv. maintain records of all training activities.
f. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
i. program development deadlines and reporting:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
29
(Part VII.A.1.f.i.)
Complete in Year 1 (report changes in Year 2 and 3 as needed):
- list (and describe if necessary) POCs;
- development of education and outreach program and activities for the general
public and target or priority audiences that address POC s, geographic areas of
concern, and / or discharges to 303(d) / TMDL waterbodies;
- covered entities developing education and outreach programs required by
other MCMs (listed below), may report on development (and implementation
of those activities, if occurring during the three year development period) in
MCM 1 and provide the following information applicable to their program:
- IDDE education activities planned or completed for public employees,
businesses, and the general public for IDDE, as required by Part VII.A.3;
- Construction site stormwater control training planned or completed, as
required by Part VII.A.4; and
- employee pollution prevention / good housekeeping training planned or
completed, as required by Part VII.A.6;
To facilitate shared annual reporting, if the education and outreach activities
above are developed by a third party, and the third party is completing the
associated portions of the annual report, that third party may report on the
education and outreach activities within MCM 1 of the annual report and not
within the MCMs that the education and outreach activities are required by.
ii. program implementation reporting as set forth in Part VII.A.1(e) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
2. Public Involvement / Participation - SWMP Development / Implementation
At a minimum, all covered entities must:
a. Comply with the State Open Meetings Law and local public notice requirements, such
as Open Meetings Law, when implementing a public involvement / participation
program;
b. Develop (for newly authorized MS4s) and implement a public
involvement/participation program that:
i. identifies key individuals and groups, public and private, who are interested in or
affected by the SWMP ;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
30
(Part VII.A.2.b.)
ii. identifies types of input the covered entity will seek from the key individuals and
groups, public and private, to support development and implementation of the
SWMP program and how the input will be used; and
iii. describes the public involvement / participation activities the covered entity will
undertake to provide program access to those who want it and to gather the
needed input. The activities included, but are not limited to a water quality
hotline (report spills, dumping, construction sites of concern, etc.), stewardship
activities like stream cleanups, storm drain marking, and volunteer water quality
monitoring;
iv. provide the opportunity for the public to participate in the development,
implementation, review, and revision of the SWMP.
c. Local stormwater public contact.
Identify a local point of contact for public concerns regarding stormwater
management and compliance with this SPDES general permit. The name or title of
this contact and the telephone number must be published in public outreach and
public participation materials and kept updated with the Department on the MCC
form;
d. Annual report presentation.
Below are the requirements for the annual report presentation:
i. prior to submitting the final annual report to the Department, by June 1 of each
reporting year (see Part V.C.), present the draft annual report in a format that is
open to the public, where the public can ask questions about and make
comments on the report. This can be done:
- at a meeting that is open to the public, where the public attendees are able to
ask questions about and make comments on the report. This may be a
regular meeting of an existing board, such as planning, zoning or the town
board. It may also be a separate meeting, specifically for stormwater. If
multiple covered entities are working together, they may have a group
meeting (refer to Part V.C.2); or
- on the internet by:
- making the annual report available to the public on a website;
- providing the public the opportunity to provide comments on the internet
or otherwise; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
31
(Part VII.A.2.d.i.)
- making available the opportunity for the public to request an open
meeting to ask questions about and make comments on the report. If a
public meeting is requested by 2 or more persons, the covered entity
must hold such a meeting. However, the covered entity need only hold a
public meeting once to satisfy this requirement.
ii. provide public notice about the presentation, making public the following
information when noticing the presentation in accordance with the local public
notice requirements:
- the placement of the annual report on the agenda of this meeting or location
on the internet;
- the opportunity for public comment. This SPDES general permit does not
require a specified time frame for public comments, although it is
recommended that covered entities do provide the public an opportunity to
comment for a period after the meeting. Comments received after the final
annual report is submitted shall be reported with the following years annual
=
report. Covered entities must take into account those comments in the
following year;
- the date and time of the meeting or the date the annual report becomes
available on the internet; and
- the availability of the draft report for prior review prior to the public meeting
or duration of availability of annual report on the internet;
iii. the Department recommends that announcements be sent directly to individuals
s
(public and private) known to have a specific interest in the covered entity
SWMP;
iv. include a summary of comments and (intended) responses with the final annual
report. Changes made to the SWMP in response to comments should be
described in the annual report; and
v. ensure that a copy of the final report and, beginning in 2009, the SWMP plan are
available for public inspection;
e. Develop (for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
32
(Part VII.A.2.)
f. Select and implement appropriate public involvement / participation activities and
measurable goals to ensure the reduction of POCs in stormwater discharges to the
MEP.
Required SWMP Reporting
g. Program implementation reporting for continuing covered entities(MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. annual report presentation information (date, time, attendees) or information
about how the annual report was made available for comment;
ii. comments received and intended responses (as an attachment);
iii. public involvement / participation activities (for example stream cleanups
including the number of people participating, the number of calls to a water
quality hotline, the number and extent of storm drain stenciling); and
iv. report on effectiveness of program, BMP and measurable goal assessment.
h. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
i. program development deadlines and reporting:
Complete for Year 1, 2 and 3:
- annual report presentation information (date, time, attendees);
- comments received and intended responses (as an attachment);
Complete by end of Year 2 (report changes by end of Year 3 as needed):
- key stake holders identified;
- development of public involvement / participation plan based on the covered
s needs, POCs, target audiences, geographic areas of concern,
entity
discharges to 303(d) / TMDL waterbodies; and
- development of public involvement/ participation activities(for example
stream cleanups including the number of people participating, the number of
calls to a dumping / water quality hotline, the number or percent of storm
drains stenciled);
ii. program implementation reporting, as set forth in Part VII.A.2(g) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
33
(Part VII.A.)
3. Illicit Discharge Detection and Elimination (IDDE) - SWMP Development /
Implementation
At a minimum, all covered entities must:
a. Develop (for newly authorized MS4s), implement and enforce a program to detect
and eliminate illicit discharges (as defined at 40CFR 122.26(b)(2)) into the small MS4;
b. Develop (for newly authorized MS4s) and maintain a map, at a minimum within the
covered entity's jurisdiction in the urbanized area and additionally designated area,
showing:
i. the location of all outfalls and the names and location of all surface waters of the
State that receive discharges from those outfalls;
ii. by March 9, 2010, the preliminary boundaries of the covered entitys storm
sewersheds have been determined using GIS or other tools, even if they extend
outside of the urbanized area (to facilitate track down), and additionally
designated areawithin the covered entitys jurisdiction; and
iii. when grant funds are made available or for sewer lines surveyed during an illicit
discharge track down, the covered entitys storm sewersystem in accordance
with available State and EPA guidance;
c. Field verify outfall locations;
d. Conduct an outfall reconnaissance inventory, as described in the EPA publication
entitled Illicit Discharge Detection and Elimination: A Guidance Manual for Program
Development and Technical Assessment, addressing every outfall within the
urbanized area and additionally designated area within the covered entitys
jurisdiction at least once every five years, with reasonable progress each year;
e. Map new outfalls as they are constructed or newly discovered within the urbanized
area and additionally designated area;
f. Prohibit, through a law, ordinance, or other regulatory mechanism, illicit discharges
into the small MS4 and implement appropriate enforcement procedures and actions.
This mechanism must be equivalent to the States model IDDE local law NYSDEC
A
Model Local Law to Prohibit Illicit Discharges, Activities and Connections to Separate
Storm Sewer Systems. The mechanism must be certified by the attorney
@
representing the small MS4 as being equivalent to the State s model illicit discharge
=
local law. Laws adopted during the GP-02-02 permit cycle must also be attorney-
certified as effectively assuring implementation of the State s model IDDE law;
=
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
34
(Part VII.A.3.)
g. Develop (for newly authorized MS4s) and implement a program to detect and address
non-stormwater discharges, including illegal dumping, to the small MS4 in
accordance with current assistance and guidance documents from the State and EPA.
The program must include: procedures for identifying priority areas of concern
(geographic, audiences, or otherwise) for the IDDE program; description of priority
areas of concern, available equipment, staff, funding, etc.; procedures for identifying
and locating illicit discharges (trackdown); procedures for eliminating illicit
discharges; and procedures for documenting actions;
h. Inform public employees, businesses, and the general public of the hazards
associated with illegal discharges and improper disposal of waste, and maintain
records of notifications;
i. Address the categories of non-stormwater discharges or flows listed in Part I.A.2 as
necessary;
j. Develop (for newly authorized MS4s), record, periodically assess, and modify as
needed, measurable goals; and
k. Select and implement appropriate IDDE BMPs and measurable goals to ensure the
reduction of all POCs in stormwater discharges to the MEP.
Required SWMP Reporting
l. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. number and percent of outfalls mapped;
ii. number of illicit discharges detected and eliminated;
iii. percent of outfalls for which an outfall reconnaissance inventory has been
performed. ;
iv. status of system mapping;
v. activities in and results from informing public employees, businesses, and the
general public of hazards associated with illegal discharges and improper disposal
of waste;
vi. regulatory mechanism status - certification that law is equivalent to the States
model IDDE law (if not already completed and submitted with an earlier annual
report); and
vii. report on effectiveness of program, BMP and measurable goal assessment.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
35
(Part VII.A.3.)
m. Reporting for newly regulated covered entities (MS4s covered for less than 3
years on the reporting date). At a minimum, the covered entity shall report on the
items below:
i. program development deadlines and reporting:
Complete in Year 1 (revise in Year 2 and 3 if changes are made):
- describe procedures for identifying priority areas of concern (geographic,
audiences, or otherwise) for IDDE program;
- describe priority areas of concern, available equipment, staff, funding, etc.;
Initiate by end of Year 1; complete by end of Year 2 (revise in Year 3 if changes
are made):
- describe procedures for identifying and locating illicit discharges (trackdown);
- describe procedures for eliminating illicit discharges;
- describe procedures for enforcing against illicit dischargers;
- describe procedures for documenting actions;
- describe the program being developed for informing public employees,
businesses, and the general public of hazards associated with illegal
discharges and improper disposal of waste;
Initiate by end of Year 1; complete by end of Year 3:
- regulatory mechanism status development and adoption - by end of Year 3
s model IDDE law (if
certify that regulatory mechanism is equivalent to the State
not already completed and submitted with an earlier report);
Initiate by end of Year 2; complete by end of Year 3:
-number and percent of outfalls mapped; and
Complete by Year 3:
- outfall map.
ii. program implementation reporting as set forth in Part VIII.A.3(l) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
4. Construction Site Stormwater Runoff Control-SWMP Development / Implementation
At a minimum, all covered entities must:
a. Develop(for newly authorized MS4s), implement, and enforce a program that:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
36
(Part VII.A.4.a.)
i. provides equivalent protection to the NYS SPDES General Permit for Stormwater
Discharges from Construction Activities (either GP-02-01, GP-0-08-001 or GP-0-
15-002), unless more stringent requirements are contained within this SPDES
general permit;
ii. addresses stormwater runoff to the small MS4 from construction activities that
result in a land disturbance of greater than or equal to one acre. Control of
stormwater discharges from construction activity disturbing less than one acre
must be included in the program if:
- that construction activity is part of a larger common plan of development or
sale that would disturb one acre or more; or
- if controlling such activities in a particular watershed is required by the
Department;
iii. includes a law, ordinance or other regulatory mechanism to require a SWPPP for
each applicable land disturbing activity that includes erosion and sediment
controls that meet the States most current technical standards:
- this mechanism must be equivalent to one of the versions of the NYSDEC
A
Sample Local Laws for Stormwater Management and Erosion and Sediment
Control; and
@
- equivalence must be documented
-by adoption of one of the sample local laws without changes;
- by using the NYSDEC Gap Analysis Workbook; or
- by adoption of a modified version of the sample law, or an alternative law,
and, in eitherscenario, certification by the attorney representing the small
MS4 that the adopted law is equivalent to one of the sample local laws.
iv. contains requirements for construction site operators to implement erosion and
sediment control management practices;
v. allows for sanctions to ensure compliance to the extent allowable by State law;
vi. contains requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality, pursuant to the requirement of construction permit;
vii. describes procedures for SWPPP review with consideration of potential water
quality impacts and review of individual SWPPP s to ensure consistency with State
and local sediment and erosion control requirements;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
37
(Part VII.A.4.a.vii.)
- ensure that the individuals performing the reviews are adequately trained and
understand the State and local sediment and erosion control requirements;
- all SWPPP s must be reviewed for sites where the disturbance is one acre or
greater; and
- after review of SWPPP s, the covered entity must utilize the MS4 SWPPP
A
Acceptance Form created by the Department and required by the SPDES
@
General Permit for Stormwater Discharges from Construction Activity when
notifying construction site owner / operators that their plans have been
accepted by the covered entity;
viii.describes procedures for receipt and follow up on complaints or other
information submitted by the public regarding construction site storm water
runoff;
ix. describes procedures for site inspections and enforcement of erosion and
sediment control measures including steps to identify priority sites for inspection
and enforcement based on the nature of the construction activity, topography,
and the characteristics of soils and receiving water;
- the covered entity must ensure that the individual(s) performing the
inspections are adequately trained and understand the State and local
sediment and erosion control requirements. Adequately trained means
receiving inspector training by a Department sponsored or approved training;
- all sites must be inspected where the disturbance is one acre or greater;
- covered entities must determine that it is acceptable for the owner or
operator of a construction project to submit the Notice of Termination (NOT)
to the Department by performing a final site inspection themselves or by
accepting the Qualified Inspector's final inspection certification(s) required by
the SPDES General Permit for Stormwater Discharges from Construction
Activity. The principal executive officer, ranking elected official, or duly
authorized representative (see Part VI.J.) shall document their determination
by signing the "MS4 Acceptance" statement on the NOT.
x. educates construction site owner / operators, design engineers, municipal staff
and other individuals to whom these regulations apply about the municipalitys
construction stormwater requirements, when construction stormwater
requirements apply, to whom they apply, the procedures for submission of
SWPPP s, construction site inspections, and other procedures associated with
control of construction stormwater;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
38
(Part VII.A.4.a.)
xi. ensures that construction site operators have received erosion and sediment
s jurisdictionand
control training before they do work within the covered entity
maintain records of that training. Small home site construction (construction
where the Erosion and Sediment Control Plan is developed in accordance with
Appendix E of the New York Standards and Specifications for Erosion and
A
Sediment Control) is exempt from the requirements below:
@
- training may be provided by the Department or other qualified entities (such
as Soil and Water Conservation Districts);
- the covered entity is not expected to perform such training, but they may co-
sponsor training for construction site operators in their area;
- the covered entity may ask for a certificate of completion or other such proof
of training; and
- the covered entity may provide notice of upcoming sediment and erosion
control training by posting in the building department or distribute with
building permit application;
xii. establishes and maintains an inventory of active construction sites, including the
location of the site, owner / operator contact information;
xiii. develop (for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
xiv. select and appropriate construction stormwater BMPs and measurable goals to
ensure the reduction of all POCs in stormwater discharges to the MEP.
Required SWMP Reporting
b. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. number of SWPPPs reviewed;
ii. number and type of enforcement actions;
iii. percent of active construction sites inspected once;
iv. percent of active construction sites inspected more than once;
v. number of construction sites authorized for disturbances of one acre or more; and
vi. report on effectiveness of program, BMP and measurable goal assessment.
c. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
39
(Part VII.A.4.c.)
i. program development deadlines and reporting:
Initiate by end of Year 1:
- procedures, activities and identify personnel to educate and train construction
site operators about requirements to develop and implement a SWPPP and
any other requirements that must be met within the MS4's jurisdiction;
Complete in Year 1 (revise in Year 2 and 3 if changes are made):
- describe procedures for the receipt and consideration of information
submitted by the public. Identify the responsible personnel;
Initiate by end of Year 1; complete by end of Year 3:
- regulatory mechanism development and adoption status - by end of Year 3
certify that regulatory mechanism is equivalent to one of the NYSDEC Sample
Local Laws for Stormwater Management and Erosion and Sediment Control (if
not already completed and submitted with an earlier report);
Initiate by end of Year 2; complete by end of Year 3:
- describe procedures for SWPPP review that incorporate consideration of
potential water quality impacts and ensure consistency with local sediment
and erosion control requirements;
- describe procedures for construction site inspections; and
- describe procedures for enforcement of control measures and sanctions to
ensure compliance.
ii. program implementation reporting as set forth in Part VII.A.4(b) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
5. Post-Construction Stormwater Management - SWMP Development/Implementation
At a minimum, all covered entities must:
a. Develop(for newly authorized MS4s),implement, and enforce a program that:
i. provides equivalent protection to the NYS SPDES General Permit for Stormwater
Discharges from Construction Activities (either GP-02-01, GP-0-08-001, or GP-0-
15-002), unless more stringent requirements are contained within this SPDES
general permit;
ii. addresses stormwater runoff from new development and redevelopment projects
to the small MS4 from projects that result in a landdisturbance of greater than or
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
40
(Part VII.A.5.a.ii.)
equal to one acre. Control of stormwater discharges from projects of less than
one acre must be included in the program if:
- that project is part of a larger common plan of development or sale; or
- if controlling such activities in a particular watershed is required by the
Department;
iii. includes a law, ordinance or other regulatory mechanism to require post
construction runoff controls from new development and re-development projects
to the extent allowable under State law that meet the State s most current
=
technical standards:
-the mechanism must be equivalent to one of the versions of theNYSDEC
@
Sample Local Laws for Stormwater Management and Erosion and Sediment
Control; and
@
- equivalence must be documented
-by adoption of one of the sample local laws without changes;
- by using the NYSDEC Gap Analysis Workbook; or
- by adoption of a modified version of the sample law, or an alternative law,
and, in either scenario and certification by the attorney representing the small
MS4 that the adopted law is equivalent to one of the sample local laws;
iv. includes a combination of structural or non-structural management practices
(according to standards defined in the most current version of the NYS
Stormwater management Design Manual) that will reduce the discharge of
pollutants to the MEP. In the development of the watershed plans, municipal
comprehensive plans, open space preservation programs, local law, ordinances
and land use regulations, covered entities must consider principles of Low Impact
Development (LID), Better Site Design (BSD), and other Green Infrastructure
practices to the MEP. In the development of the watershed plans, municipal
comprehensive plans, open space preservation programs, local law, ordinances
and land use regulations,covered entities must consider smart growth principles,
natural resource protection, impervious area reduction, maintaining natural
hydrologic conditions in developments, riparian buffers or set back distances for
protection of environmentally sensitive areas such as streams, wetlands, and
erodible soils.
-covered entities are required to review according to the Green Infrastructure
practices defined in the Design Manual at a site level, and are encouraged to
review, and revise where appropriate, local codes and laws that include
provisions that preclude green infrastructure or construction techniques
that minimize or reduce pollutant loadings.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
41
(Part VII.A.5.a.iv.)
- if a stormwater management practice is designed and installed in accordance
with the New York State Stormwater Management Design Manual or has
been demonstrated to be equivalent and is properly operated and
maintained, then MEP will be assumed to be met for post-construction
stormwater discharged by the practice;
v. describes procedures for SWPPP review with consideration of potential water
quality impacts and review of individual SWPPP s to ensure consistency with state
and local post-construction stormwater requirements;
- ensure that the individuals performing the reviews are adequately trained and
understand the State and local post construction stormwater requirements;
- ensure that the individuals performing the reviews for SWPPPs that include
post-construction stormwater management practices are qualified
professionals or under the supervision of a qualified professional;
- all SWPPP s must be reviewed for sites where the disturbance is one acre or
greater;
- after review of SWPPPs, the covered entity must utilize the MS4 SWPPP
A
Acceptance Form created by the Department and required by the SPDES
@
General Permit for Stormwater Discharges from Construction Activity (GP-0-
15-002) when notifying construction site owner / operators that their plans
have been accepted by the covered entity;
- utilize available training from sources such as Soil and Water Conservation
Districts, Planning Councils, The New York State Department of State, USEPA,
and/or the Department to educate municipal boards and Planning and Zoning
Boards on low impact development principles, better site design approach,
and green infrastructure applications.
vi. maintain an inventory of post-construction stormwater management practices
within the covered entities jurisdiction. At a minimum, include practices
discharging to the small MS4 that have been installed since March 10, 2003, all
practices owned by the small MS4, and those practices found to cause or
contribute to water quality standard violations.
- the inventory shall include at a minimum: location of practice (street address
or coordinates); type of practice; maintenance needed per the NYS
Stormwater Management Design Manual, SWPPP, or other provided
documentation; and dates and type of maintenance performed; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
42
(Part VII.A.5.a.)
vii. ensures adequate long-term operation and maintenance of management
practices identified in Part VII.5.a.vi by trained staff, including inspection to
ensure that practices are performing properly.
-The inspection shall include inspection items identified in the maintenance
requirements (NYS Stormwater Management Design Manual, SWPPP, or other
maintenance information) for the practice. Covered entities are not required
to collect stormwater samples and perform specific chemical analysis;
viii. Covered entities may include in the SWMP Plan provisions for development of a
banking and credit system. MS4s must have an existing watershed plan based on
which offsite alternative stormwater management in lieu of or in addition to on-
site stormwater management practices are evaluated. Redevelopment projects
must be evaluated for pollutant reduction greater than required treatment by the
state standards. The individual project must be reviewed and approved by the
Department. Use of a banking and credit system for new development is only
acceptable in the impaired watersheds to achieve the no net increase
requirement and watershed improvement strategy areas to achieve pollutant
reductions in accordance with watershed plan load reduction goals. A banking
and credit system must at minimum include:
Ensure that offset exceeds a standard reduction by factor of at least 2
-
Offset is implemented within the same watershed
-
Proposed offset addresses the POC of the watershed
-
Tracking system is established for the watershed
-
Mitigation is applied for retrofit or redevelopment
-
Offset project is completed prior to beginning of the proposed
-
construction
A legal mechanism is established to implement the banking and credit
-
system
b. Develop (for newly authorized MS4s), implement, and provide adequate resources for
a program to inspect development and re-development sites by trained staff and to
enforce and penalize violators;
c. Develop (for newly authorized MS4s), record, annually assess and modify as needed
measurable goals; and
d. Select and implement appropriate post-construction stormwater BMPs and
measurable goals to ensure the reduction of all POCs in stormwater discharges to the
MEP.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
43
(Part VII.A.5.)
Required SWMP Reporting
e. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. number of SWPPPs reviewed;
ii. number and type of enforcement actions;
iii. number and type of post-construction stormwater management practices
inventoried;
iv. number and type of post-construction stormwater management practices
inspected;
v. number and type of post-construction stormwater management practices
maintained;
vi. regulatory mechanism status -certification that regulatory mechanism is
equivalent to one of the NYSDEC Sample Local Laws for Stormwater
A
Management and Erosion and Sediment Control (if not already done); and
@
vii. report on effectiveness of program, BMP and measurable goal assessment, and
implementation of a banking and credit system, if applicable;
f. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
i. program development deadlines and reporting:
Initiate by end of Year 1; complete by end of Year 3:
- regulatory mechanism development and adoption status - by end of Year 3
certify that regulatory mechanism is equivalent to one of the NYSDEC Sample
Local Laws for Stormwater Management and Erosion and Sediment Control (if
not already completed and submitted with an earlier report);
Initiate by end of Year 2; complete by end of Year 3:
- procedures for SWPPP review to ensure that post-construction stormwater
management practices meet the most current version of the state technical
standards;
- procedures for inspection and maintenance of post-construction management
practices;
- procedures for enforcement and penalization of violators; and
Complete by the end of year 3:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
44
(Part VII.A.5.f.i.)
- provide resources for the program to inspect new and re-development sites
and for the enforcement and penalization of violators.
ii. program implementation reporting as set forth in Part VII.A.5(e) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
6. Pollution Prevention/Good Housekeeping For Municipal Operations - SWMP
Development / Implementation
At a minimum, all covered entities must:
a. Develop (for newly authorized MS4s) and implement a pollution prevention / good
housekeeping program for municipal operations and facilities that:
i. addresses municipal operations and facilities that contribute or potentially
contribute POCs to the small MS4 system. The operations and facilities may
include, but are not limited to: street and bridge maintenance; winter road
maintenance; stormwater system maintenance; vehicle and fleet maintenance;
park and open space maintenance; municipal building maintenance; solid waste
management; new construction and land disturbances; right-of-way
maintenance; marine operations; hydrologic habitat modification; or other;
ii. at a minimum frequency of once every three years, perform and document a
self assessment of all municipal operations addressed by the SWMP to:
- determine the sources of pollutants potentially generated by the covered
entity s operations and facilities; and
=
- identify the municipal operations and facilities that will be addressed by the
pollution prevention and good housekeeping program, if it is not done
already;
iii. determines management practices, policies, procedures, etc. that will be
developed and implemented to reduce or prevent the discharge of (potential)
pollutants. Refer to management practices identified in the NYS Pollution
A
Prevention and Good Housekeeping Assistance Document and other guidance
@
materials available from the EPA, State, or other organizations;
iv. prioritizes pollution prevention and good housekeeping efforts based on
geographic area, potential to improve water quality, facilities or operations most
in need of modification or improvement, and covered entity s capabilities;
=
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
45
(Part VII.A.6.a.)
v. addresses pollution prevention and good housekeeping priorities;
vi. includes an employee pollution prevention and good housekeeping training
program and ensures that staff receive and utilize training;
vii. requires third party entities performing contracted services, including but not
limited to street sweeping, snow removal, lawn / grounds care, etc., to meet
permit requirements as the requirements apply to the activity performed ; and
viii. requires municipal operations and facilities that would otherwise be subject to
the NYS Multi-sector General Permit (MSGP, GP-0-12-001) for industrial
stormwater discharges to prepare and implement provisions in the SWMP that
comply with Parts III. A, C, D, J, K and L of the MSGP. The covered entity must also
perform monitoring and record keeping in accordance with Part IV. of the MSGP.
Discharge monitoring reports must be attached to the MS4 annual report.
Those operations or facilities are not required to gain coverage under the MSGP.
Implementation of the above noted provisions of the SWMP will ensure that MEP
is met for discharges from those facilities;
b.Consider and incorporate cost effective runoff reduction techniques and green
infrastructure in the routine upgrade of the existing stormwater conveyance
systems and municipal properties to the MEP. Some examples include
replacement of closed drainage with grass swales, replacement of existing islands
in parking lots with rain gardens, or curb cuts to route the flow through below
grade infiltration areas or other low cost improvements that provide runoff
treatment or reduction.
c.Develop (for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
d.Select and implement appropriate pollution prevention and good housekeeping
BMPs and measurable goals to ensure the reduction of all POCs in stormwater
discharges to the MEP.
e.Adopt techniques to reduce the use of fertilizers, pesticides, and herbicides, as
well as potential impact to surface water.
Required SWMP Reporting
f. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). Covered entities are required to report on
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
46
(Part VII.A.6.f.)
all municipal operations and facilities within their jurisdiction (urbanized area and
additionally designated area) that their program is addressing. The covered entity
shall report at a minimum on the items below:
i. indicate the municipal operations and facilities that the pollution prevention and
good housekeeping program assessed;
ii. describe, if not done so already, the management practices, policies and
procedures that have been developed, modified, and / or implemented and
report, at a minimum, on the items below that the covered entitys pollution
prevention and good housekeeping program addressed during the reporting year:
acres of parking lot swept;
S
miles of street swept;
S
number of catch basins inspected and, where necessary, cleaned;
S
post-construction control stormwater management practices inspected and,
S
where necessary, cleaned;
pounds of phosphorus applied in chemical fertilizer
S
pounds of nitrogen applied in chemical fertilizer; and
S
acres of pesticides / herbicides applied.
S
iii. staff training events and number of staff trained; and
iv. report on effectiveness of program, BMP and measurable goal assessment. If the
pollution prevention and good housekeeping program addresses other operations
than what is listed above in Part VII.A.6.a(ii), the covered entity shall report on
items that will demonstrate program effectiveness.
g. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). Covered entities are required to report on all municipal
operations and facilities within their jurisdiction (urbanized area and additionally
designated area) that their program is addressing. The covered entity shall report at a
minimum on the items below:
i. program development deadlines and reporting (first three years after
authorization is granted):
Complete by end of Year 1:
- identify the municipal operations and facilities that will be considered for
inclusion in the pollution prevention and good housekeeping program;
- describe the pollution prevention and good housekeeping program priorities
(geographic area, potential to improve water quality; facilities or operations
most in need of modification or improvement);
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
47
(Part VII.A.6.g.i.)
- describe management practices, policies, procedures, etc. that will be
developed or modified;
- identify the staff and equipment available;
Initiate by end of Year 2; complete by end of Year 3:
- describe employee pollution prevention and good housekeeping program
training program and begin training, report on number of staff trained; and
Complete by end of Year 3:
- description of developed management practices.
ii. program implementation reporting as set forth in Part VII.A.6.(d) above.
Commence reporting after three year development permit. Implementation
reporting may begin earlier if implementation begins during development period.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
48
PART VIII. MINIMUM CONTROL MEASURES -TRADITIONAL NON-
LAND USE CONTROL AND NON-TRADITIONAL MS4s
A. Traditional Non-Land Use Control and Non-traditional MS4 Minimum Control
Measures (MCMs)
These MCMs apply to traditional non-land use control MS4s and non-traditional MS4s.
The SWMP for these small MS4s must be comprised of the 6 MCMs below. It is
recommended that covered entities refer to assistance and guidance documents
available from the State and EPA.
Under this SPDES general permit, the continuing covered entities are required to
implement their SWMP, including the MCM requirements below. Newly regulated
covered entities are required to develop their SWMP, containing the MCM requirements
below, within the first 3 years of coverage and then commence implementation.
The covered entity may develop (for newly authorized MS4s) and / or implement their
SWMP within their jurisdiction on their own. The covered entity may also develop (for
newly authorized MS4s) and / or implement part or all of their SWMP through an
intermunicipal program with another covered entity(s) or through other cooperative or
contractual agreements with third parties that provide services to the covered entity(s).
For each of the elements of the SWMP plan, the covered entity must identify (i) the
agencies and/or offices that would be responsible for implementing the SWMP plan
element and (ii) any protocols for coordination among such agencies and/or offices
necessary for the implementation of the plan element.
To comply with the requirements of this SPDES general permit, the traditional non-land
use control MS4s and non-traditional MS4s should consider their public to be the
employee / user population, visitors, or contractors / developers. Examples of the
public include, but are not limited to:
- transportation covered entities - general public using or living along transportation
systems, staff, contractors;
- educational covered entities - faculty, other staff, students, visitors;
- other government covered entities - staff, contractors, visitors.
1. Public Education and Outreach on Stormwater Impacts SWMP Development /
Implementation
At a minimum, all covered entities must:
a. Identify POC s, waterbodies of concern, geographic areas of concern, target
audiences;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
49
(Part VIII.A.1.)
b. Develop (for newly authorized MS4s) and implement an ongoing public education and
outreach program designed to describe:
i. the impacts of stormwater discharges on waterbodies;
ii. POCs and their sources;
iii. steps that contributors of these pollutants can take to reduce pollutants in
stormwater runoff; and
iv. steps that contributors of non-stormwater discharges can take to reduce
pollutants (non-stormwater discharges are listed in Part I.A.2);
c. Educational materials may be made available at, locations including, but not limited to:
i. at service areas, lobbies, or other locations where information is made available;
ii. at staff training;
iii. on covered entitys website;
iv. with pay checks; and
v. in employee break rooms;
d. Develop (for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
e. Select and implement appropriate education and outreach activities and measurable
goals to ensure the reduction of all POCs in stormwater discharges to the MEP.
Required SWMP Reporting
f. At a minimum, the covered entity shall report on the items below:
i. list education / outreach activities performed and provide any results (number of
people attended, amount of materials distributed, etc.);
ii. education of the public about the hazards associated with illegal discharges and
improper disposal of waste as required by Part VIII.A.3, may be reported in this
section;
s performing the education and outreach activities required by
iii. covered entity
other MCMs (listed below), may report on those activities in MCM 1 and provide
the following information applicable to their program:
- IDDE education activities planned or completed for the public, as required by
Part VIII.A.3;
- construction site stormwater control training planned or completed, as
required by Part VIII.A.4; and
- employee pollution prevention / good housekeeping training planned or
completed, as required by Part VIII.A.6;
To facilitate shared annual reporting, if the education and outreach activities
above are implemented by a third party, and the third party is completing the
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
50
(Part VIII.A.1.f.iii.)
associated portions of the annual report, that third party may report on the
education and outreach activities within MCM 1 of the annual report and not
within the MCMs that the education and outreach activities are required by;
iv. report on effectiveness of program, BMP and measurable goal assessment; and
v. maintain records of all training activities
g. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
i. program development deadlines and reporting:
Complete in Year 1 (report changes in Year 2 and 3 as needed):
- list (and describe if necessary) POCs;
- development of education and outreach program and activities for the public
that address POCs, geographic areas of concern, and / or discharges to 303(d)
/ TMDL waterbodies;
- covered entities developing education and outreach programs required by
other MCMs (listed below), may report on development (and implementation
of
those activities, if occurring during the three year development period) in
MCM 1 and provide the following information applicable to their program:
- IDDE education activities planned or completed for the public, as required
by Part VIII.A.3;
- construction site stormwater control training planned or completed, as
required by Part VIII.A.4; and
- employee pollution prevention / good housekeeping training planned or
completed, as required by Part VIII.A.6.
To facilitate shared annual reporting, if the education and outreach activities
above are implemented by a third party, and the third party is completing the
associated portions of the annual report, that third party may report on the
education and outreach activities within MCM 1 of the annual report and not
within the MCMs that the education and outreach activities are required by.
ii. Program implementation reporting as set forth in Part VIII.A.1(f) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
2. Public Involvement/Participation - SWMP Development / Implementation
At a minimum, all covered entities must:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
51
(Part VIII.A.2.)
a. Comply with State and local public notice requirements identified below when
implementing a public involvement / participation program:
i. traditional non-land use control MS4s shall comply with the State Open Meetings
Law and local public notice requirements, such as Open Meetings Law; and
ii. traditional non-land use control MS4s and non-traditional MS4s may comply with
this requirement by determining who their public is (staff, visitors, contractors,
etc.) and posting notifications (as needed) in areas viewable by the public. Such
areas include common areas, bulletin boards, agency/office web pages, etc. For
small MS4s whose public are in multiple locations, notifications shall be made
available to the public in all locations within the urbanized or additionally
designated areas;
b. Provide the opportunity for the public to participate in the development,
implementation, review, and revision of the SWMP;
c. Local stormwater public contact.
Identify a local point of contact for public concerns regarding stormwater
management and compliance with this SPDES general permit. The name or title of
this contact and the telephone number must be published in public outreach and
public participation materials and kept updated with the Department on the MCC
form;
d. Annual report presentation.
Below are the requirements for the annual report presentation:
i. prior to submitting the final annual report to the Department, by June 1 of each
reporting year (see Part V.C.), present the draft annual report in a format that is
open to the public, where the public can ask questions and make comments on
the report. This can be done:
- at a meeting that is open to the public, where the public attendees are able to
ask questions about and make comments on the report. This may be a regular
meeting of an existing board. It may also be a separate meeting, specifically
for stormwater. If multiple covered entities are working together, they may
have a group meeting (refer to Part V.C.2); or
-on the internet by:
- making the annual report available to the public on a website:
- providing the public the opportunity to provide comments on the internet
or otherwise; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
52
(Part VIII.A.2.d.i.)
- making available the opportunity for the public to request an open public
meeting to ask questions about and make comments on the report;
ii. traditional non-land use control MS4s must comply with Part VIII.A.2.(d)(i) above.
If they choose to present the draft annual report at a meeting, it may be
presented at an existing meeting ( e.g. a meeting of the Environmental
Management Council , Water Quality Coordinating Committee, other agencies, or
a meeting specifically for stormwater), or made available for review on the
internet. The covered entity must make public the following information when
noticing the presentation in accordance with Open Meetings Law or other local
public notice requirements:
-the placement of the annual report on the agenda of this meeting or location
on the internet;
-the opportunity for public comment. This SPDES general permit does not
require a specified time frame for public comments, although it is
recommended that covered entities provide the public an opportunity to
comment for a period after the meeting. Comments received after the final
annual report is submitted shall be reported with the following years annual
=
report. Covered entities must take into account those comments in the
following year;
- the date and time of the meeting or date annual report becomes available on
the internet; and
- the availability of the draft report for review prior to the public meeting or
duration of availability of the annual report on the internet;
iii. non-traditional MS4s typically do not have regular meetings during which a
presentation on the annual report can be made. Those covered entities may
comply with this requirement by either:
- noticing the availability of the report for public comment by posting a sign,
posting on web site, or other methods with information about the availability
and location where the public can view it and contact information for those
that read the report to submit comments; or
- following the internet presentation as explained in Part VIII.A.2(d)(i) above;
iv. the Department recommends that announcements be sent directly to individuals
(public and private interested parties) known to have a specific interest in the
covered entitys SWMP;
=
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
53
(Part VIII.A.2.d.)
v. include a summary of comments and intended responses with the final annual
report. Changes made to the SWMP in response to comments should be
described in the annual report; and
vi. ensure that a copy of the final report and, beginning in 2009, the SWMP plan are
available for public inspection;
e. Develop (for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
f. Select and implement appropriate public involvement / participation activities and
measurable goals to ensure the reduction of all of the POCs in stormwater discharges
to the MEP.
Required SWMP Reporting
g. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. annual report presentation information (date, time, attendees) or information
about how the annual report was made available for comment;
ii. comments received and intended responses (as an attachment); and
iii. report on effectiveness of program, BMP and measurable goal assessment;
h. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
i. program development deadlines and reporting:
Complete for Year 1, 2, and 3:
- annual report presentation information (date, time, attendees) or information
about how the annual report was made available for comment; and
- comments received and intended responses (as an attachment).
ii. program implementation reporting as set forth in Part VIII.A.2.g above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
3. Illicit Discharge Detection and Elimination (IDDE) - SWMP Development /
Implementation
At a minimum, all covered entities must:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
54
(Part VIII.A.3.)
a. Develop (for newly authorized MS4s), implement and enforce a program to detect
and eliminate illicit discharges (as defined at 40CFR 122.26(b)(2)) into the small MS4;
b. Develop (for newly authorized MS4s) and maintain a map, at a minimum within the
s jurisdiction in the urbanized area and additionally designated area,
covered entity
showing:
i. the location of all outfalls and the names and location of all surface waters of the
State that receive discharges from those outfalls;
ii. by March 9, 2010, the preliminary boundaries of the covered entitys storm
sewersheds determined using GIS or other tools, even if they extend outside of
the urbanizedarea (to facilitate trackdown), and additionally designated area
within the covered entitys jurisdiction; and
iii. when grant funds are made available or for sewer lines surveyed during an illicit
discharge trackdown, the covered entitys storm sewer system in accordance with
available State and EPA guidance;
c. Field verify outfall locations;
d. Conduct an outfall reconnaissance inventory, as described in the EPA publication
entitled Illicit Discharge Detection and Elimination: A Guidance Manual for Program
Development and Technical Assessment, addressing every outfall within the
urbanized area and additionally designated area within the covered entitys
jurisdiction at least once every five years, with reasonable progress each year;
e. Map new outfalls as they are constructed or discovered within the urbanized area or
additionally designated area;
f. Prohibit illicit discharges into the small MS4 and implement appropriate enforcement
procedures and actions below, as applicable:
i. for traditional non-land use control MS4s:
- effectively prohibit, through a law, ordinance, or other regulatory mechanism,
illicit discharges into the small MS4 and implement appropriate enforcement
procedures and actions; and
-the law, ordinance, or other regulatory mechanism must be equivalent to the
State s model IDDE local law NYSDEC Model Local Law to Prohibit Illicit
=A
Discharges, Activities and Connections to Separate Storm Sewer Systems
@
developed by the State, as determined and certified to be equivalent by the
attorney representing the small MS4 ; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
55
(Part VIII.A.3.f.)
ii. for non-traditional MS4s:
- prohibit and enforce against illicit discharges through available mechanisms
(i.e.tenant lease agreements, bid specifications, requests for proposals,
standard contract provisions, connection permits, maintenance directives /
BMPS, access permits, consultant agreements, internal policies);
- procedures or policies must be developed for implementation and
enforcement of the mechanisms;
-a written directive from the person authorized to sign the NOI stating that
updated mechanisms must be used and who (position(s)) is responsible for
ensuring compliance with and enforcing the mechanisms for the covered
entitys IDDE program; and
-the mechanisms and directive must be equivalent to the State s model illicit
=
discharge local law;
g. Develop (for newly authorized MS4s) and implement a program to detect and address
non-stormwater discharges, including illegal dumping, to the small MS4 . The
program must include: procedures for identifying priority areas of concern
(geographic, audiences, or otherwise) for IDDE program; description of priority areas
of concern, available equipment, staff,
funding, etc.; procedures for identifying and locating illicit discharges (trackdown);
procedures for eliminating illicit discharges; and procedures for documenting actions;
h. Inform the public of the hazards associated with illegal discharges and the improper
disposal of waste;
i. Address the categories of non-stormwater discharges or flows listed in Part I.A.2 as
necessary and maintain records of notification;
j. Develop (for newly authorized MS4s), record, periodically assess, and modify as
needed, measurable goals; and
k. Select and implement appropriate IDDE BMPs and measurable goals to ensure the
reduction of all POCs in stormwater discharges to the MEP
Required SWMP Reporting
l. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. number and percent of outfalls mapped;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
56
(Part VIII.A.3.l.)
ii. number of illicit discharges detected and eliminated;
iii. percent of outfalls for which an outfall reconnaissance inventory has been
performed. ;
iv. status of system mapping;
v. activities to and results from informing the public of hazards associated with
illegal discharges and improper disposal of waste;
vi. for traditional non-land use control MS4s, regulatory mechanism status -
certification that law is equivalent to the State s model IDDE local law(if not
=
already completed and submitted with a prior annual report); and
vii. report on effectiveness of program, BMP and measurable goal assessment.
m. Required reporting for newly authorized covered entities (MS4s covered for less
than 3 years on the reporting date). At a minimum, the covered entity shall report on
the items below:
i. program development deadlines and reporting:
Initiate by end of Year 1; complete by end of Year 3:
- regulatory mechanism development and adoption - by end of Year 3certify
that regulatory mechanism is equivalent to the States model IDDE local law
(traditional non-land use control MS4s) or certification of equivalence may be
accomplished as set forth in Part VIII.A.3(f)(ii).
Complete in Year 1 (revise in Year 2 and 3 if changes are made):
- describe procedures for identifying priority areas of concern (geographic,
audiences, or otherwise) for IDDE program;
- describe priority areas of concern, available equipment, staff, funding, etc.;
Initiate by end of Year 1; complete by end of Year 2 (revise in Year 3 if changes
are made):
- describe procedures for identifying and locating illicit discharges (trackdown);
- describe procedures for eliminating illicit discharges;
- describe procedures for enforcing against illicit dischargers;
- describe procedures for documenting actions;
- describe the program being developed for informing the public of hazards
associated with illegal discharges and improper disposal of waste;
Initiate by end of Year 2; complete by end of Year 3:
- number and percent of outfalls mapped;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
57
(Part VIII.A.3.m.i.)
Complete by Year 3:
-outfall map; and
ii. program implementatio n reporting as set forth in Part VIII.A.3(l) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
4. Construction Site Stormwater Runoff Control- SWMP Development / Implementation
At a minimum, all covered entities must:
a. Develop (for newly authorized MS4s), implement, and enforce a program that:
i. provides equivalent protection to the NYS SPDES General Permit for Stormwater
Discharges from Construction Activities, unless more stringent requirements are
contained within this SPDES general permit;
ii. addresses stormwater runoff to the small MS4 from construction activities that
result in a land disturbance of greater than or equal to one acre. Control of
stormwater discharges from construction activity disturbing less than one acre
must be included in the program if:
- that construction activity is part of a larger common plan of development or
sale that would disturb one acre or more; or
- if controlling such activities in a particular watershed is required by the
Department;
iii. incorporates mechanisms for construction runoff requirements from new
development and redevelopment projects to the extent allowable under State
and local law that meet the State s most current technical standards:
=
- through available mechanisms (i.e. tenant lease agreements, bid
specifications, requests for proposals, standard contract provisions,
connection permits, maintenance directives / BMPS, access permits,
consultant agreements, internal policies);
- procedures or policies must be developed for implementation and
enforcement of the mechanisms;
- a written directive from the person authorized to sign the NOI stating that
updated mechanisms must be used and who (position(s)) is responsible for
ensuring compliance with and enforcing the mechanisms for construction
projects that occur on property owned, under easement to, within the
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
58
(Part VIII.A.4.a.iii.)
right-of-way of, or under the maintenance jurisdiction by the covered entity or
within the maintenance jurisdiction of the MS4; and
-the mechanisms and directive must be equivalent to the requirements of the
NYS SPDES General Permit for Stormwater Discharges from Construction
Activities.
iv. allows for sanctions to ensure compliance to the extent allowable by State law;
v. describes procedures for receipt and follow up on complaints or other
information submitted by the public regarding construction site stormwater
runoff;
vi. educates construction site operators, design engineers, municipal staff and other
individuals to whom these regulations apply about the construction requirements
in the covered entitys jurisdiction, including the procedures for submission of
SWPPPs, construction site inspections, and other procedures associated with
control of construction stormwater;
vii.Ensures that construction site contractors have received erosion and sediment
control training, including the trained contractors as defined in the SPDES general
s
permit for construction, before they do work within the covered entity
jurisdiction:
-training may be provided by the Department or other qualified entities (such
as Soil and Water Conservation Districts);
-the covered entity is not expected to perform such training, but they may co-
sponsor training for construction site operators in their area;
- the covered entity may ask for a certificate of completion or other such proof
of training; and
- the covered entity may provide notice of upcoming sediment and erosion
control training by posting in the building department or distribute with
building permit application.
viii. establishes and maintains an inventory of active construction sites, including the
location of the site, owner / operator contact information;
ix.develop(for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
59
(Part VIII.A.4.a.)
x. select and implement appropriate construction stormwater BMPs and
measurable goals to ensure the reduction of all POCs in stormwater discharges to
the MEP.
Required SWMP Reporting
b. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). At a minimum, the covered entity shall
report on the items below:
i. number and type of sanctions employed;
ii. status of regulatory mechanism -certify that mechanisms will assure compliance
with the NYS SPDES General Permit for Stormwater Discharges from Construction
Activities;
iii. number of construction sites authorized for disturbances of one acre or more;
and
iv. report on effectiveness of program, BMP and measurable goal assessment.
c. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). At a minimum, the covered entity shall report on the items
below:
i. Program development deadlines and reporting:
Initiate by end of Year 1:
- procedures, activities and identify personnel to educate and train
construction site operators about requirements to develop and implement a
SWPPP and any other requirements that must be met within the MS4's
jurisdiction;
Initiate by the end of Year 1; complete by the end of Year 3:
- status of mechanism for construction runoff requirements - by end of Year 3
certify that mechanisms will assure compliance with the NYS SPDES General
Permit for Stormwater Discharges from Construction Activities; and
Complete in Year 1 (revise in Year 2 and 3 if changes are made):
- describe procedures for the receipt and consideration of information
submitted by the public. Identify the responsible personnel.
ii. Program implementation reporting as set forth in Part VIII.A.4(b) above.
Commence implementation reporting after three year development period.
Implementation reporting may begin earlier if implementation begins during
development period.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
60
(Part VIII.A.)
5. Post-Construction Stormwater Management SWMP Development / Implementation
At a minimum, all covered entities must:
a. Develop(for newly authorized MS4s), implement, and enforce a program that:
i. provides equivalent protection to the NYS SPDES General Permit for Stormwater
Discharges from Construction Activities, unless more stringent requirements are
contained within this SPDES general permit;
ii. addresses stormwater runoff from new development and redevelopment projects
to the small MS4 from projects that result in a land disturbance of greater than or
equal to one acre. Control of stormwater discharges from projects of less than
one acre must be included in the program if:
-that project is part of a larger common plan of development or sale;
- if controlling such activities in a particular watershed is required by the
Department;
iii. incorporates enforceable mechanisms for post-construction runoff control from
new development and re-development projects to the extent allowable under
State or local law that meet the State s most current technical standards:
=
- through available mechanisms (i.e. tenant lease agreements, bid
specifications, requests for proposals, standard contract provisions,
connection permits, maintenance directives / BMPS, access permits,
consultant agreements, internal policies);
- procedures or policies must be developed for implementation and
enforcement of the mechanisms;
- a written directive from the person authorized to sign the NOI stating that
updated mechanisms must beused and who (position(s)) is responsible for
ensuring compliance with and enforcing the mechanisms for construction
projects that occur on property owned by the covered entity or within the
maintenance jurisdiction of the MS4; and
- the mechanisms and directive must assure compliance with the requirements
of the NYS SPDES General Permit for Stormwater Discharges from
Construction Activities;
iv. includes a combination of structural or non-structural management practices
(according to standards defined in the most current version of the NYS
Stormwater management Design Manual) that will reduce the discharge of
pollutants to the MEP. In the development of environmental plans such as
watershed plans, open space preservation programs, local laws, and ordinances
covered entities must incorporate principles of Low Impact Development (LID),
Better Site Design (BSD) and other Green Infrastructure practices to the MEP.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
61
(Part VIII.A.5.a.iv.)
Covered entities must consider natural resource protection, impervious area
reduction, maintaining natural hydrologic condition in developments, buffers or
set back distances for protection of environmentally sensitive areas such as
streams, wetlands, and erodible soils in the development of environmental plans.
-if a stormwater management practice is designed and installed in accordance
with the New York State Stormwater Management Design Manual or has
been demonstrated to be equivalent and is properly operated and
maintained, then MEP will be assumed to be met for thepost construction
stormwater discharged by the practice;
v. establish and maintain an inventory of post-construction stormwater
management practices to include at a minimum practices discharging to the small
MS4 that have been installed since March 10, 2003, those owned by the small
MS4, and those found to cause water quality standard violations.
- the inventory shall include, at a minimum: location of practice (street address
or coordinates); type of practice; maintenance needed per the NYS
Stormwater Management Design Manual, SWPPP, or other provided
documentation; and dates and type of maintenance performed; and
vi. ensures adequate long-term operation and maintenance of management
practices by trained staff, including assessment to ensure that the practices are
performing properly.
- The assessment shall include the inspection items identified in the
maintenance requirements (NYS Stormwater Management Design Manual,
SWPPP, or other maintenance information) for the practice. Covered entities
are not required to collect stormwater samples and perform specific chemical
analysis;
vii. Covered entities may include in the SWMP Plan provisions for development of a
banking and credit system. MS4s must have an existing watershed plan based on
which offsite alternative stormwater management in lieu of or in addition to on-
site stormwater management practices are evaluated. Redevelopment projects
must be evaluated for pollutant reduction greater than required treatment by the
state standards. The individual project must be reviewed and approved by the
Department. Use of a banking and credit system for new development is only
acceptable in the impaired watersheds to achieve the no net increase
requirement and watershed improvement strategy areas to achieve pollutant
reductions in accordance with watershed plan load reduction goals. A banking
and credit system must at minimum include:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
62
(Part VIII.A.5.a.vii.)
Ensures offset exceeds standard reduction by factor of at least 2
-
Offset is implemented within the same watershed
-
Proposed offset addresses the POC of the watershed
-
Tracking system is established for the watershed
-
Mitigation is applied for retrofit or redevelopment
-
Offset project is completed prior to beginning the proposed construction
-
A legal mechanism is established to implement the banking and credit
-
system
b. Develop (for newly authorized MS4s), implement, and provide adequate resources for
a program to inspect development and re-development sites by trained staff and to
enforce and employ sanctions;
c. Develop (for newly authorized MS4s), record, annually assess and modify as needed
measurable goals; and
d. Select and implement appropriate post-construction stormwater BMPs and
measurable goals to ensure the reduction of all POCs in stormwater discharges to the
MEP.
Required SWMP Reporting
e. Program implementation reporting for continuing covered entities (MS4s covered for
3 or more years on the reporting date). At a minimum, the covered entity shall report
on the items below:
i. number and type of sanctions;
ii. number and type of post-construction stormwater management practices;
iii. number and type of post-construction stormwater management practices
inspected;
iv. number and type of post-construction stormwater management practices
maintained;
v. status of regulatory mechanism, equivalent mechanism, that regulatory
mechanism is equivalent; and
vi. report on effectiveness of program, BMP and measurable goal assessment, and
implementation of a banking and credit system, if applicable.
f. Program reporting for newly regulated covered entities (MS4s covered for less than
3 years on the reporting date). At a minimum, the covered entity shall report on the
items below:
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part VIII.A.5.f.)
i. program development deadlines and reporting:
Initiate by end of Year 1; complete by end of Year 3:
- mechanism of post-construction stormwater management - by end of Year 3
certify that mechanisms will assure compliance with the NYS Construction
General Permit (GP-0-15-002);
Initiate by end of Year 2; complete by end of Year 3:
-procedures for inspection and maintenance of post-construction management
practices; and
-procedures for enforcement and penalization of violators;
ii. program implementation reporting as set forth in Part VIII.A.5(e). Commence
implementation reporting after three year development period. Implementation
reporting may begin earlier if implementation begins during development period.
6. Pollution Prevention/Good Housekeeping For Municipal Operations
SWMP Development / Implementation
At a minimum, all covered entities must:
a. Develop (for newly authorized MS4s) and implement a pollution prevention / good
housekeeping program for municipal operations and facilities that:
i. addresses municipal operations and facilities that contribute or potentially
contribute POCs to the small MS4 system. The operations and facilities may
include, but are not limited to: street and bridge maintenance; winter road
maintenance; stormwater system maintenance; vehicle and fleet maintenance;
park and open space maintenance; municipal building maintenance; solid waste
management; new construction and land disturbances; right-of-way
maintenance; marine operations; hydrologic habitat modification, or other;
ii. includes the performance and documentation of a self assessment of all
municipal operations to:
- determine the sources of pollutants potentially generated by the covered
entity s operations and facilities; and
=
- identify the municipal operations and facilities that will be addressed by the
pollution prevention and good housekeeping program, if it is not done
already;
iii. determines management practices, policies, procedures, etc. that will be
developed and implemented to reduce or prevent the discharge of (potential)
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
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(Part VIII.A.6.a.iii.)
pollutants. Refer to management practices identified in the NYS Pollution
A
Prevention and Good Housekeeping Assistance Document or other guidance
@
materials available from the EPA, the State, or other organizations;
iv. prioritizes pollution prevention and good housekeeping efforts based on
geographic area, potential to improve water quality, facilities or operations most
in need of modification or improvement, and covered entity s capabilities;
=
v. addresses pollution prevention and good housekeeping priorities;
vi. includes an employee pollution prevention and good housekeeping training
program and ensure that staff receive and utilize training;
vii. requires third party entities performing contracted services, including but not
limited to, street sweeping, snow removal, lawn / grounds care, etc., to make the
necessary certification in Part IV.G; and
viii. requires municipal operations and facilities that would otherwise be subject to
the NYS Multisector General Permit (MSGP, GP-0-12-001) for industrial
stormwater discharges to prepare and implement provisions in the SWMP that
comply with Parts III. A, C, D, J, K and L of the MSGP. The covered entity must also
perform monitoring and record keeping in accordance with Part IV. of the MSGP.
Discharge monitoring reports must be attached to MS4 annual report. Those
operations or facilities are not required to gain coverage under the MSGP.
Implementation the above noted provisions of the SWMP will ensure that MEP is
met for discharges from those facilities;
b. Consider and incorporate cost effective runoff reduction techniques and green
infrastructure in the routine upgrade of the existing stormwater conveyance
systems and municipal properties to the MEP. Some examples include
replacement of closed drainage with grass swales, replacement of the existing
islands in parking lots with rain garden, or curb cuts to route the flow through
below grade infiltration areas or other low cost improvements that provide runoff
treatment or reduction.
c. Develop (for newly authorized MS4s), record, periodically assess and modify as
needed measurable goals; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
65
(Part VIII.A.6.)
d. Select and implement appropriate pollution prevention and good housekeeping
BMPs and measurable goals to ensure the reduction of all POCs in stormwater
discharges to the MEP.
e. Adopt techniques to reduce the use of fertilizers, pesticides, and herbicides, as
well as potential impact to surface water.
Required SWMP Reporting
f. Program implementation reporting for continuing covered entities (MS4s covered
for 3 or more years on the reporting date). Covered entities are required to report on
all municipal operations and facilities within their jurisdiction (urbanized area and
additionally designated area) that their program is addressing.The covered entity
shall report at a minimum on the items below:
i. indicate the municipal operations and facilities that the pollution prevention and
good housekeeping program assessed;
ii. describe, if not done so already, the management practices, policies and
procedures that have been developed, modified, and / or implemented and
s pollution
report, at a minimum, on the items below that the covered entity
prevention and good housekeeping program addresses during the reporting year:
acres of parking lot swept;
S
miles of street swept;
S
number of catch basins inspected and, where necessary, cleaned;
S
post-construction control stormwater management practices inspected and,
S
where necessary, cleaned;
pounds of phosphorus applied in chemical fertilizer
S
pounds of nitrogen applied in chemical fertilizer; and
S
acres of pesticides / herbicides applied.
S
iii. staff training events and number of staff trained; and
iv. report on effectiveness of program, BMP and measurable goal assessment. If the
pollution prevention and good housekeeping program addresses other operations
than what is listed above in Part VIII.A.6.a(ii), the covered entity shall report on
items that will demonstrate program effectiveness.
g. Reporting for newly regulated covered entities (MS4s covered for less than 3 years
on the reporting date). Covered entities are required to report on all municipal
operations and facilities within their jurisdiction (urbanized area and additionally
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
66
(Part VIII.A.6.g.)
designated area) that their program is addressing. The covered entity shall report at a
minimum on the items below:
i. program development deadlines and reporting:
Complete by end of Year 1:
- identify the municipal operations and facilities that will be considered for
inclusion in the pollution prevention and good housekeeping program;
- describe the pollution prevention and good housekeeping program priorities
(geographic area, potential to improve water quality; facilities or operations
most in need of modification or improvement);
- describe management practices, policies, procedures, etc. that will be
developed or modified;
-identify the staff and equipment available;
Initiate by Year 2; complete Year 3:
- describe employee pollution prevention and good housekeeping program
training program and begin training, report on number of staff trained;
Complete by end of Year 3:
- description of developed management practices.
ii. program implementation reporting as set forth in Part VIII.A.6(d) above.
Commence implementation reporting after three year development permit.
Implementation reporting may begin earlier if implementation begins during
development period.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
67
Part IX. WATERSHED IMPROVEMENT STRATEGY REQUIREMENTS
The covered entities in the watershed improvement strategy areas must develop or modify their
SWMP to address the watershed specific additional requirements to achieve the pollutant load
reduction by the deadline as defined in the Tables in Part IX of this general SPDES permit. The
Pollutant Load Reductions are the reductions necessary from the discharge loads associated with
MS4s that, when combined with reductions in the discharge loads from non-MS4s to the
waterbody, will meet water quality standards. The calculated reductions are based on TMDL
models and may be recalculated according to 40CFR Part 130.
The MS4 portion of the pollutant load reduction shall be achieved by implementation of BMPs
required of all MS4s, reductions from implementation of additional BMPS for watershed
improvement strategy areas including any retrofits required by this permit. These reductions
are intended to be targeted and credited using models, loading factors and load reductions
predicted based on the best scientific information available.
The Pollutant Load Reduction Deadlines are deadlines by which the MS4 portion of the pollutant
load reduction must be met. Watershed Improvement Strategy Deadlines are the deadlines by
which the watershed improvement strategy requirements for addressing the POC are to be
completed and implemented. Retrofit Plan Submission Deadlines are the deadlines by which the
retrofit plan component of the watershed improvement strategies are submitted to the
Department for review and approval.
Ultimately, the effectiveness of the load reductions in meeting water quality standards will be
verified by ambient monitoring of the affected waterbody. Where ambient monitoring
demonstrates consistent compliance with water quality standards, the covered entity may
request that the Department suspend the additional BMP requirements to install stormwater
retrofits.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
68
(Part IX.)
A.New York City East of Hudson Watershed MS4s -(Mapped in Appendix 3)
Table IX.A -Pollutant Load Reduction and Timetable for New York City East of Hudson
Phosphorus Watershed Improvement Strategy Area
Watershed Watershed Retrofit Plan Pollutant Load Pollutant Load
Improvement Submission Reduction Reduction
Strategy Deadline (Load Deadline
DeadlineAllocation)
New York City 05/01/2011 03/09/ 2009 In accordance 03/09/2019
East of Hudson (single) and with the TMDL (single)
Watershed 12/ 31/2009 Implementation 12/31/2019 (RSE)
(RSE) Plan
By the deadline defined in the Table IX. A, covered entities in these watersheds shall, in addition
to the requirements in Part VII or VIII, depending on the type of the MS4, develop and
implement the following minimum control measures for areas within their jurisdiction and their
storm sewersheds:
1. Public Education and Outreach on Stormwater Impacts- applicable to traditional land use
control, traditional non-land use control and non-traditional MS4s.
a. Plan and conduct an ongoing public education and outreach program designed to
describe the impacts of phosphorus (the POC) on waterbodies. The program must
identify potential sources of phosphorus in stormwater runoff and describe steps that
contributors can take to reduce the concentration of this POC in stormwater runoff.
The program must also describe steps that contributors of non-stormwater
discharges (Part I.A.2) can take to reduce phosphorus.
b. Develop, or acquire if currently available, specific educational material dealing with
sources of phosphorus in stormwater and pollutant reduction practices. At a
minimum, the educational material should address the following topics:
i. understanding the phosphorus issue;
ii. septic systems as a source of phosphorus;
iii. phosphorus concerns with fertilizer use;
iv. phosphorus concerns with grass clippings and leaves entering streets and storm
sewers;
v. construction sites as a source of phosphorus; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
69
(Part IX.A.1.b.)
vi. phosphorus concerns with detergent use.
2. Public Involvement/ Participation
No additional requirements proposed for this permit term.
3. Illicit Discharge Detection and Elimination
a. Mapping -applicable to traditional land use control, traditional non-land use control
and non-traditional MS4s.
Develop and maintain a map showing the entire small MS4 conveyance system. The
covered entity shall complete the mapping of approximately 20% of the system every
year, with the entire system being mapped by January 8, 2013.
At a minimum, the map and/or supportive documentation for the conveyance system
should include the following information:
i. type of conveyance system - closed pipe or open drainage;
ii. for closed pipe systems - pipe material, shape, and size;
iii. for open drainage systems - channel/ditch lining material, shape, and dimensions;
location and dimensions of any culvert crossings;
iv. drop inlet, catch basin, and manhole locations; and
v. number and size of connections (inlets/outlets) to catch basins and manholes,
direction of flow.
All information shall be prepared in digital format suitable for use in GIS software and
in accordance with the Departments guidance on Illicit Discharge Detection and
Elimination. The scale shall be 1:24,000 or better.
b. On-site wastewater systems - applicable to traditional land use control and
traditional non-land use control MS4s.
Develop, implement and enforce a program that ensures that on-site sanitary systems
-
designed for less than 1000 gallons per day (septic systems, cesspools, including any
installed absorption fields) are inspected at a minimum frequency of once every five
years and, where necessary, maintained or rehabilitated. Regular field
investigations/inspections should be done in accordance with the most current
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
70
(Part IX.A.3.b.)
version of the EPA publication entitled Illicit Discharge Detection and Elimination: A
Guidance Manual for Program Development and Technical Assessment, to detect the
presence of ongoing and/or intermittent on-site sanitary discharges to the storm
sewer system. An advanced system inspection requiring completion by a certified
professional is not required by this permit, but may be used where site specific
conditions warrant. Program development shall include the establishment of the
necessary legal authority to implement the program.
4. Construction Site Stormwater Runoff Control- applicable to traditional land use control
MS4s.
a. Develop, implement and enforce a program to reduce pollutants in stormwater runoff
to the small MS4 from construction activities that result in a land disturbance of
greater than or equal to five thousand (5000) square feet. At a minimum, the
program must provide equivalent protection to the NYS DEC SPDES General Permit
for Stormwater Discharges from Construction Activity and must include the
development and implementation of:
i. by December 31, 2009, an ordinance or other regulatory mechanism that requires
erosion and sediment controls designed in accordance with the most current
version of the technical standard New York State Standards and Specifications for
Erosion and Sediment Control for all construction activities that disturb between
five thousand (5000) square feet and one acre of land. For construction activities
that disturb between five thousand (5000) square feet and one (1) acre of land,
one of the standard erosion and sediment control plans included in Appendix E
(Erosion & Sediment Control Plan For Small Homesite Construction) of the New
York Standards and Specifications for Erosion and Sediment Control may be used
as the Stormwater Pollution Prevention Plan (SWPPP);
ii. policy and procedures for the covered entity to perform, or cause to be
performed, compliance inspections at all sites with a disturbance of one (1) or
more acres. By December 31, 2009, the covered entity shall have started
performing, or cause to be performed, compliance inspections at all sites with a
disturbance between five thousand (5000) square feet and one (1) acre of land;
5. Post-Construction Stormwater Management
a. Construction stormwater program - applicable to traditional land use control,
traditional non-land use control and non-traditional MS4s.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
71
(Part IX.A.5.a.)
Develop, implement and enforce a program to address post-construction stormwater
runoff from new development and redevelopment projects that disturb greater than
or equal to one (1) acre. This includes projects of less than one acre that are part of a
larger common plan of development or sale. At a minimum, the program must
provide equivalent protection to the NYS DEC SPDES General Permit for Stormwater
Discharges from Construction Activity and must include the development and
implementation of:
i. a law or other mechanism that requires post-construction stormwater
management controls designed in accordance with the most current version of
the technical standards the New York State Stormwater Management Design
Manual including the Enhanced Phosphorus Removal Design Standards. An MS4
must ensure that their ordinance or other mechanism requires post-construction
stormwater management controls to be designed in accordance with the final
version of the Enhanced Phosphorus Removal Design Standards by September 30,
2008.
b. Retrofit program - applicable to traditional land use control, traditional non-land use
control and non-traditional MS4s.
Develop and commence implementation of a Retrofit Program that addresses runoff
from sites to correct or reduce existing erosion and/or pollutant loading problems,
with a particular emphasis placed on the pollutant phosphorus. At a minimum, the
MS4 shall:
i. establish procedures to identify sites with erosion and/or pollutant loading
problems;
ii. establish policy and procedures for project selection. Project selection should be
based on the phosphorus reduction potential of the specific retrofit being
constructed/installed; the ability to use standard, proven technologies; and the
economic feasibility of constructing/installing the retrofit. As part of the project
selection process, the covered entity should participate in locally based watershed
planning efforts which involve the Department, other covered entities,
stakeholders and other interested parties;
iii. establish policy and procedures for project permitting, design, funding,
construction and maintenance.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
72
(Part IX.A.5.b.)
iv. for covered entities that develop their own retrofit program, by March 9, 2009
develop and submit approvable plans with schedules for completing retrofit
projects, including identification of funding sources. Upon DEC approval of those
schedules, the plans and schedules shall become enforceable requirements of this
permit.
v. pursuant to Part IV. B (Cooperation Between Covered entities Encouraged),
retrofit projects can be completed in cooperation with other covered entities in
the East of Hudson Watershed through the formation of a cooperative entity with
other MS4s. Participating MS4s shall work with the Department and other
members of the cooperative entity in implementing the requirements of i, ii and
iii above. In addition, each covered entity that becomes a member of the
cooperative entity shall work closely with the Department and other members of
the cooperative entity to, by December 31, 2009, develop and submit approvable
plans and schedules for completing retrofit projects, including identification of
funding sources. Upon DEC approval of those plans and schedules, the plans
and schedules shall become enforceable requirements of this permit.
6. Pollution Prevention/Good Housekeeping For Municipal Operations- applicable to
traditional land use control, traditional non-land use control and non-traditional MS4s.
a. By December 31, 2009, develop and implement a Stormwater Conveyance System
inspection and maintenance program. At a minimum, the program shall include the
following:
i. policy and procedures for the inspection and maintenance of catch basin and
manhole sumps. Catch basin and manhole sumps should be inspected in the early
spring and late fall for sediment and debris build-up. If sediment and debris fills
greater than 50% of the sump volume, the sump should be cleaned. All sediment
and debris removed from the catch basins and manholes shall be properly
disposed of;
ii. policy and procedures for the inspection, maintenance and repair of conveyance
system outfalls. Beginning June 30, 2008, the MS4 must inspect 20% of their
outfalls each year and make repairs as necessary. All outfall protection and/or
bank stability problems identified during the inspection shall be corrected in
accordance with the New York Standards and Specifications for Erosion and
Sediment Control;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
73
(Part IX.A.6.a.)
iii. policy and procedures for the inspection, maintenance and repair of a covered
entitys stormwater management practices. The inspection and maintenance
schedule for all stormwater management practices shall assure continued
operation of stormwater management practices; and
iv. develop a Corrective Action Plan for each Stormwater Conveyance System
component that has been identified as needing repair. A file of all corrective
actions implemented and illicit discharges detected and repaired should be
maintained for a period of not less than five years.
b. By December 31, 2010, develop and implement a turf management practices and
procedures policy. The policy shall address the following:
i. procedures for proper fertilizer application on municipally-owned lands. The
application of any phosphorus-containing fertilizer (as labeled) shall only be
allowed following a proper soil test and analysis documenting that soil
phosphorus concentrations are inadequate;
ii. procedures for the proper disposal of grass clippings from municipally-owned
lawns where grass clipping collection equipment is used. Grass clippings shall be
disposed of in a compost pile or a proper containment device so that they cannot
enter the small MS4 or surface waters;
iii. procedures for the proper disposal of leaves from municipally-owned lands where
leaves are collected. Leaves shall be disposed of in a compost pile or a proper
containment device so that they cannot enter small MS4s or surface waters;
iv. for municipalities with lawn waste collection programs, the development of a
curbside lawn waste management policy which ensures that lawn waste does not
decay and release phosphorus to the storm sewer system; and
v. the planting of wildflowers and other native plant material to lessen the
frequency of mowing and the use of chemicals to control vegetation.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
74
(Part IX.)
B.Other Phosphorus Watershed MS4s (Mapped in Appendices 4, 5, and 10)
Table IX.B -Pollutant Load Reduction and Timetable for Other Phosphorus Watershed
Improvement Strategy Areas
Watershed Watershed Retrofit Plan Pollutant Load Pollutant
Improvement Submission Reduction Load
Strategy Deadline(Waste Load Reduction
Deadline Allocation %*) Deadline
Greenwood Lake 05/01/2011 03/09/2011 43* (load allocation)03/09/2011
Onondaga Lake TMDL approval + 3 TMDL approval TBDTMDL approval
years + 3 years + 13 years
Oscawana Lake 05/01/2013 Not Applicable 18 2020
By the deadline defined in the Table IX.B, covered entities in these watersheds shall, in addition
to the requirements in Part VII or VIII, depending on the type of the MS4, develop and
implement the following minimum control measures for areas within the permittees jurisdiction
=
and the covered entitiess storm sewersheds:
=
1. Public Education and Outreach on Stormwater Impacts- applicable to traditional land use
control, traditional non-land use control and non-traditional MS4s.
a. Plan and conduct an ongoing public education and outreach program designed to
describe the impacts of phosphorus (the POC) on waterbodies. The program must
identify potential sources of Phosphorus in stormwater runoff and describe steps
that contributors can take to reduce Phosphorus in stormwater runoff.
b. develop, or acquire if currently available, specific educational material dealing with
sources of Phosphorus in stormwater and pollutant reduction practices. At a
minimum, the educational material should address the following topics:
i. understanding the phosphorus issue;
ii. septic systems as a source of phosphorus; and
iii. phosphorus concerns with fertilizer use.
2. Public Involvement/ Participation
No additional requirements proposed for at this time.
3. Illicit Discharge Detection and Elimination applicable to traditional land use control and
traditional non-land use control MS4s, except within the Onondaga Lake Watershed.
a. Develop, implement and enforce a program that ensures that on-site sanitary systems
designed for less than 1000 gallons per day (septic systems, cesspools, including any
installed absorption fields) are inspected at a minimum frequency of once every five
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
75
(Part IX.B.3.a.)
years and, where necessary, maintained or rehabilitated. Conduct of regular field
investigations/inspections should be done in accordance with the most current
version of the EPA publication entitled Illicit Discharge Detection and Elimination: A
Guidance Manual for Program Development and Technical Assessment, to detect the
presence of ongoing and/or intermittent on-site sanitary discharges to the storm
sewer system. An advanced system inspection requiring completion by a certified
professional is not required by this permit, but may be used where site specific
conditions warrant. Program development shall include the establishment of the
necessary legal authority to implement the program.
4. Construction Site Stormwater Runoff Control
No additional requirements at this time.
5. Post-Construction Stormwater Management, -applicable to traditional land use,
traditional non-land use control and non-traditional MS4s.
a. The covered entity must require the use of the Enhanced Phosphorus Removal
A
Design Standardsin accordance with NYS Stormwater Design Manual;
@
b. Develop and commence implementation of a Retrofit Program that addresses runoff
from sites to correct or reduce existing erosion and/or pollutant loading problems,
with a particular emphasis placed on the pollutant Phosphorus. At a minimum, the
MS4 shall:
i. establish procedures to identify sites with erosion and/or pollutant loading
problems;
ii. establish policy and procedures for project selection. Project selection should be
based on the Phosphorus reduction potential of the specific retrofit being
constructed/installed; the ability to use standard, proven technologies; and the
economic feasibility of constructing/installing the retrofit. As part of the project
selection process, the covered entity should participate in locally based watershed
planning efforts which involve the Department, other covered entities,
stakeholders and other interested parties;
iii. establish policy and procedures for project permitting, design, funding,
construction and maintenance
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
76
(Part IX.B.5.)
iv. by the date specified for each watershed in the appropriate Watershed
Improvement Strategy Requirement Table develop and submit approvable plans
and schedules for completing retrofit projects, including identification of funding
sources. Upon DEC approval of those plans and schedules, the plans and
schedules shall become enforceable requirements of this permit.
6. Pollution Prevention/Good Housekeeping For Municipal Operations applicable to
traditional land use control, traditional non-land use control and non-traditional MS4s.
a. Develop a turf management practices and procedures policy. The policy should
address the following:
i. procedures for proper fertilizer application on municipally-owned lands. The
application of any phosphorus-containing fertilizer (as labeled) shall only be
allowed following a proper soil test and analysis documenting that soil
phosphorus concentrations are inadequate; and
ii. the planting of native plant material to lessen the frequency of mowing and the
use of chemicals to control vegetation.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
77
(Part IX.)
C.Pathogen Impaired Watershed MS4s (Mapped in Appendix 6, 7 and 9)
Table IX.C - Pollutant Load Reduction and Timetable for Pathogen Impaired Watershed
Improvement Strategy Areas
Watershed Watershed Retrofit Plan Pollutant Load Pollutant
Improvement Submission Reduction Load
Strategy Deadline(Waste Load Reduction
DeadlineAllocation %) Deadline
Budds Pond* 05/01/2013 09/30/2012 6109/30/2022
Stirling Creek* 05/01/2013 09/30/2012 2809/30/2022
Town & Jockey Creeks* 05/01/2013 09/30/2012 7609/30/2022
Goose Creek*05/01/2013 09/30/2012 7009/30/2022
Hashamomuck Pond, Zone HP-05/01/2013 09/30/2012 7709/30/2022
1*
Hashamomuck Pond , Zone HP-05/01/2013 09/30/2012 4309/30/2022
2*
Richmond Creek* 05/01/2013 09/30/2012 7109/30/2022
Deep Hole Creek* 05/01/2013 09/30/2012 2909/30/2022
James Creek*05/01/2013 09/30/2012 5109/30/2022
Flanders Bay 05/01/2011 03/09/2011 9803/09/2021
Reeves Bay05/01/2011 03/09/2011 9703/09/2021
Sebonac Creek 05/01/2011 03/09/2011 5803/09/2021
North Sea Harbor, Zone NSH-1 05/01/2011 03/09/2011 9703/09/2021
North Sea Harbor, Zone NSH-2 05/01/2011 03/09/2011 6203/09/2021
North Sea Harbor, Zone NSH-3 05/01/2011 03/09/2011 9903/09/2021
North Sea Harbor, Zone NSH-5 05/01/2011 03/09/2011 7403/09/2021
Wooley Pond 05/01/2011 03/09/2011 9703/09/2021
Noyac Creek, Zone NC-105/01/2011 03/09/2011 6403/09/2021
Sag Harbor, Zone SH-2* 05/01/2013 09/30/2012 5009/30/2022
Northwest Creek*05/01/2013 09/30/2012 7609/30/2022
Acabonac Harbor, Zone AH-2* 05/01/2013 09/30/2012 4209/30/2022
Acabonac Harbor, Zone AH-3* 05/01/2013 09/30/2012 8509/30/2022
Acabonac Harbor, Zone AH-4* 05/01/2013 09/30/2012 8109/30/2022
Acabonac Harbor, Zone AH-5* 05/01/2013 09/30/2012 8709/30/2022
Montauk Lake, Zone LM-1*05/01/2013 09/30/2012 5209/30/2022
Montauk Lake, Zone LM-2*05/01/2013 09/30/2012 5209/30/2022
Montauk Lake, Zone LM-3*05/01/2013 09/30/2012 4809/30/2022
Little Sebonac Creek05/01/2011 03/09/2011 7003/09/2021
Oyster Bay (Harbor 2) 05/01/2011 03/09/2011 2003/09/2021
Oyster Bay (Harbor 3) 05/01/2011 03/09/2011 9003/09/2021
*Additionally Designated Area
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
78
Watershed Enhanced Plan First Retrofit Pollutant Pollutant
ImplementatioPlan Submission Reduction Load
n DeadlineDeadline(Waste Load Reduction
Allocation %)Deadline
Hempstead Harbor, north, 05/01/2013 09/30/20129509/30/202
and tidal tributaries2
Cold Spring Harbor, and 05/01/2013 09/30/20129509/30/202
tidal tributaries, Inner2
Cold Spring Harbor, Eel 05/01/2013 09/30/20129009/30/202
Creek2
Huntington Harbor 05/01/2013 09/30/20128909/30/202
2
Centerport Harbor05/01/2013 09/30/20129109/30/202
2
Northport Harbor05/01/2013 09/30/20129209/30/202
2
Stony Brook Harbor and 05/01/2013 09/30/20129909/30/202
West Meadow Creek, 2
Inner
Stony Brook Creek05/01/2013 09/30/20129909/30/202
2
Stony Brook Yacht Club05/01/2013 09/30/20124809/30/202
2
Stony Brook Harbor, 05/01/2013 09/30/20129909/30/202
Westmeadow Creek2
Setaukut Harbor, Little 05/01/2013 09/30/20128409/30/202
Bay2
Setauket Harbor, East 05/01/2013 09/30/20127909/30/202
Setauket2
Setauket Harbor, Poquot 05/01/2013 09/30/201210009/30/202
2
Mt. Sinai Harbor, Crystal 05/01/2013 09/30/20128809/30/202
Brook2
Mt. Sinai Harbor, Inner 05/01/2013 09/30/20129609/30/202
Harbor2
Mt. Sinai Harbor, Pipe 05/01/2013 09/30/20129309/30/202
Stave Hollow2
Mattituck Inlet/Creek, 05/01/2013 09/30/20126409/30/202
Low, and tidal tributaries2
Goldsmith Inlet 05/01/2013 09/30/20129109/30/202
2
West Harbor, Fishers 05/01/2013 09/30/20124109/30/202
Island, Davloy Cove2
Georgica Pond, Upper05/01/2013 09/30/20129309/30/202
2
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
79
Georgica Pond, Lower 05/01/2013 09/30/20129309/30/202
2
Georgica Pond Cove05/01/2013 09/30/20129209/30/202
2
Sagaponack Pond 05/01/2013 09/30/20128809/30/202
2
Mecox Bay and tributaries 05/01/2013 09/30/20128909/30/202
2
Heady Creek and 05/01/2013 09/30/20128809/30/202
tributaries2
Taylor Creek and 05/01/2013 09/30/20125209/30/202
tributaries2
Penny Pond05/01/2013 09/30/20123109/30/202
2
Weesuck Creek and tidal 05/01/2013 09/30/20123709/30/202
tributaries2
Penniman Creek and tidal 05/01/2013 09/30/20123209/30/202
tributaries2
Ogden Pond 05/01/2013 09/30/20122809/30/202
2
Quantuck Bay 05/01/2013 09/30/20129109/30/202
2
Quantuck 05/01/2013 09/30/20126209/30/202
Canal/Moneybogue Bay2
Seatuck Cove 05/01/2013 09/30/20129409/30/202
2
Harts Cove 05/01/2013 09/30/20121209/30/202
2
Narrow Bay 05/01/2013 09/30/20121609/30/202
2
Bellport Bay, Beaver Dam 05/01/2013 09/30/20129409/30/202
Creek2
Bellport Bay, West Cove 05/01/2013 09/30/20129409/30/202
2
Patchogue Bay, Swan 05/01/2013 09/30/20129009/30/202
River2
Patchogue Bay, Mud 05/01/2013 09/30/20127109/30/202
Creek2
By the deadline defined in the Table IX.C, covered entities in these watersheds shall, in addition
to the requirements in Part VII. or VIII., depending on the type of the MS4, develop and
implement the following MCMs for areas within the covered entity s jurisdiction and the covered
=
entitiess storm sewersheds:
=
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
80
(Part IX.C.)
1. Public Education and Outreach on Stormwater Impacts- applicable to traditional land use
control, traditional non-land use control and non-traditional MS4s
a. Plan and conduct an ongoing public education and outreach program designed to
describe the impacts of Pathogens (the POC) on waterbodies. The program must identify
potential sources of Pathogens in stormwater runoff and describe steps that contributors
can take to reduce the Pathogens in stormwater runoff. The program must also describe
steps that contributors of non-stormwater discharges can take to reduce Pathogens.
b. Develop, or acquire if currently available, specific educational material dealing
with sources of Pathogens in stormwater and pollutant reduction practices. At a
minimum, the educational material should address the following topics:
i. where, why, and how Pathogens pose threats to the environment and to the
community;
ii. septic systems, geese and pets as a source of pathogens;
iii. dissemination of educational materials / surveys to households/businesses in
proximity to Pathogen TMDL waterbodies; and
iv. education for livestock / horse boarders regarding manure BMP s.
2. Public Involvement / Participation
No additional requirements proposed at this time.
3. Illicit Discharge Detection and Elimination, SWMP Development / Implementation-
Mapping applicable to traditional land use control and traditional non-land use control MS4s.
a. Develop, implement, and enforce a program to detect and eliminate discharges to the
municipal separate storm sewer system from on-site sanitary systems in areas where
factors such as shallow groundwater, low infiltrative soils, historical on-site sanitary
system failures, or proximity to pathogen-impaired waterbodies, indicate a reasonable
likelihood of system discharge.
In such areas, ensure that on-site sanitary systems designed for less than 1000 gallons
per day (septic systems, cesspools, including any installed absorption fields) are
inspected at a minimum frequency of once every five years and, where necessary,
maintained or rehabilitated. Conduct regular field investigations/inspections in
accordance with the most current version of the EPA publication entitled Illicit Discharge
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
81
(Part IX.C.3.a.)
Detection and Elimination: A Guidance Manual for Program Development and Technical
Assessment, to detect the presence of ongoing and/or intermittent on-site sanitary
discharges to the storm sewer system. An advanced system inspection requiring
completion by a certified professional is not required by this permit, but may be used
where site specific conditions warrant.
On-site sanitary system IDDE program development shall include the establishment of
the necessary legal authority (such as new or revised local laws) for implementation and
enforcement.
b. Develop and maintain a map showing the entire small MS4 conveyance system. The
covered entity shall complete the mapping of approximately 20% of the system every
year, with the entire system being mapped by May 1, 2015. At a minimum, the map
and/or supportive documentation for the conveyance system shall include the following
information:
i. type of conveyance system -closed pipe or open drainage;
ii. for closed pipe systems - pipe material, shape, and size;
iii. for open drainage systems - channel/ditch lining material, shape, and
dimensions; location and dimensions of any culvert crossings;
iv. drop inlet, catch basin, and manhole locations; and
v. number and size of connections (inlets/outlets) to catch basins and manholes,
direction of flow.
All information shall be prepared in digital format suitable for use in GIS software and
s guidance on Illicit Discharge Detection and
in accordance with the Department
Elimination. The scale shall be 1:24000 or better.
4. Construction Site Stormwater Runoff Control
No additional requirements at this time.
5. Post-Construction Stormwater Management- applicable to traditional land use control,
traditional non-land use control and non-traditional MS4s.
Develop and commence implementation of a Retrofit Program that addresses runoff from
sites to correct or reduce pollutant loading problems, with a particular emphasis placed on
the pollutant Pathogens. At a minimum, the MS4 shall:
a. establish proceduresto identify sites with erosion and/or pollutant loading problems;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
82
(Part IX.C.5.)
b. establish policy and procedures for project selection. Project selection should be
based on the Pathogen reduction potential of the specific retrofit being
constructed/installed; the ability to use standard, proven technologies; and the economic
feasibility of constructing/installing the retrofit. As part of the project selection process,
the covered entity should participate in locally based watershed planning efforts which
involve the Department, other covered entities, stakeholders and other interested
parties;
c. establish policy and procedures for project permitting, design, funding, construction
and maintenance
d. by March 9, 2011, develop and submit approvable plans and schedules for
completing retrofit projects. Upon DEC approval of those plans and schedules and
identification of funding sources, the plans and schedules shall become enforceable
requirements of this permit.
6. Pollution Prevention/Good Housekeeping For Municipal Operations, - applicable to
traditional land use control and traditional non-land use control MS4s.
a. Develop, enact and enforce a local law prohibiting pet waste on municipal properties
and prohibiting goose feeding.
b. Develop and implement a pet waste bag program for collection and proper disposal
of pet waste.
c. Develop a program to manage goose populations.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
83
(Part IX.)
D.Nitrogen Watershed MS4s (Mapped in Appendix 8)
Table IX.D - Pollutant Load Reduction and Timetable for Nitrogen Watershed Improvement
Strategy Area
Watershed Watershed Retrofit Plan Pollutant
Pollutant Load
Improvement Submission Reduction
Reduction
Strategy Deadline(Load Allocation
Deadline
Deadline %)
Peconic 05/01/2011 03/09/2011 15 03/09/2021
Bay
By the deadline defined in the Table IX.D, covered entities in these watersheds shall, in
addition to the requirements in Part VII or VIII, depending on the type of the MS4, develop
and implement the following minimum control measures for areaswithin the covered
entitys jurisdiction and the covered entities storm sewersheds:
==
1. Public Education and Outreach on Stormwater Impacts- applicable to traditional land use
control, traditional non-land use control and non-traditional MS4s.
a. Plan and conduct an ongoing public education and outreach program designed to
describe the impacts of Nitrogen (the POC) on waterbodies. The program must identify
potential sources of Nitrogen in stormwater runoff and describe steps that contributors
can take to reduce the Nitrogen in stormwater runoff.
b. develop, or acquire if currently available, specific educational material dealing with
sources of Nitrogen in stormwater and pollutant reduction practices. At a minimum, the
educational material should address the following topics:
i. understanding the Nitrogen issue;
ii. septic systems as a source of Nitrogen; and
iii. Nitrogen concerns with fertilizer use.
2. Public Involvement/ Participation
No additional requirements proposed for at this time.
3. Illicit Discharge Detection and Elimination - applicable to traditional land use control and
traditional non-land use control MS4s
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
84
(Part IX.D.3.)
a. Develop and maintain a map showing the entire small MS4 conveyance system. The
covered entity shall complete the mapping of approximately 20% of the system every
year, with the entire system being mapped by May 1, 2015. At a minimum, the map
and/or supportive documentation for the conveyance system shall include the following
information:
i. type of conveyance system - closed pipe or open drainage;
ii. for closed pipe systems - pipe material, shape, and size;
iii. for open drainage systems - channel/ditch lining material, shape, and
dimensions; location and dimensions of any culvert crossings;
iv. drop inlet, catch basin, and manhole locations; and
v. number and size of connections (inlets/outlets) to catch basins and manholes,
direction of flow.
All information shall be prepared in digital format suitable for use in GIS software and in
accordance with the Departments guidance on Illicit Discharge Detection and Elimination. The
scale shall be 1:24000 or better.
4. Construction Site Stormwater Runoff Control
No additional requirements at this time.
5. Post-Construction Stormwater Management - applicable to traditional land use control,
traditional non-land use control and non-traditional MS4s.
Develop and commence implementation of a Retrofit Program that addresses runoff from
sites to correct or reduce existing erosion and/or pollutant loading problems, with a
particular emphasis placed on the pollutant Nitrogen. At a minimum, the MS4 shall:
a. establish procedures to identify sites with erosion and/or pollutant loading problems;
b. establish policy and procedures for project selection. Project selection should be based
on the Nitrogen reduction potential of the specific retrofit being constructed/installed; the
ability to use standard, proven technologies; and the economic feasibility of
constructing/installing the retrofit. As part of the project selection process, the covered
entity should participate in locally based watershed planning efforts which involve the
Department, other covered entities, stakeholders and other interested parties;
c.establish policy and procedures for project permitting, design, funding, construction and
maintenance; and
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
85
(Part IX.D.5.)
d. by March 9, 2011, develop and submit approvable plans and schedules for completing
retrofit projects, including identification of funding sources. Upon DEC approval of those
plans and schedules, the plans and schedules shall become enforceable requirements of this
permit.
6. Pollution Prevention/Good Housekeeping For Municipal Operations - applicable to
traditional land usecontrol, traditional non-land use control and non-traditional MS4s.
a. Develop a turf management practices and procedures policy. The policy should address
the following:
i. procedures for proper fertilizer application on municipally-owned lands. The
application of any Nitrogen-containing fertilizer shall only be allowed under the
supervision of a Certified Crop Advisor or Certified Landscape Architect; and
ii. the planting of native plant material to lessen the frequency of mowing and reduce
the use of chemicals to control vegetation.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
86
Part X. ACRONYMS AND DEFINITIONS
A. Acronym List
BMP - Best Management Practice
CFR - Code of Federal Regulations
CWA - Clean Water Act
ECL - Environmental Conservation Law
MCC -Municipal Compliance Certification
MCM - Minimum Control Measure
MEP - Maximum Extent Practicable
MS4 - Municipal Separate Storm Sewer System
NPDES - National Pollutant Discharge Elimination System
POC - Pollutant of Concern
SPDES - State Pollutant Discharge Elimination System
SWMP - Stormwater Management Program
SWMP Plan - Stormwater Management Program Plan
SWPPP - Stormwater Pollution Prevention Plan
TMDL - Total Maximum Daily Load
UA - Urbanized Area
B. Definitions
Activities - See best management practice
Additionally Designated Areas - EPA required the Department to develop a set of criteria for
designating additional MS4 areas as subject to these regulations. The following criteria have
been adopted to designate additional MS4s in New York State:
Criteria 1: MS4s discharging to waters for which and EPA-approved TMDL required
reduction of a pollutant associated with stormwater beyond what can be achieved with
existing programs (and the area is not already covered under automatic designation as UA).
Criteria 2: MS4s contiguous to automatically designated urbanized areas (town lines) that
discharge to sensitive waters classified as AA Special (fresh surface waters), AA (fresh surface
waters) with filtration avoidance determination or SA (saline surface waters).
Criterion 3: Automatically designated MS4 areas are extended to Town, Village or City
boundaries, but only for Town, Village or City implementation of Minimum Control Measures
(4) Construction Site Stormwater Runoff Control and (5) Post Construction Stormwater
Management in Development and Redevelopment. This additional designation may be
waived, by written request to the Department,where the automatically designated area is a
small portion of the total area of the Town, Village or City (less than 15 %) and where there is
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
87
little or no construction activity in the area outside of the automatically designated area (less
than 5 disturbed acres per year).
Best Management Practice - means schedules activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the
pollution of waters of the state. BMPs also include treatment requirements (if determined
necessary by the covered entity), operating procedures, and practices to control runoff,
spillage and leaks, sludge or waste disposal, or drainage from areas that could contribute
pollutants to stormwater discharges. BMP is referred to in EPAs fact sheets and other
=
materials. BMPs are also referred to as activitiesor management practices throughout
A@A@
this SPDES general permit.
Better Site Design (BSD) - Better Site Design incorporates non-structural and natural
approaches to new and redevelopment projects to reduce impacts on watersheds by
conserving natural areas, reducing impervious cover and better integrating stormwater
treatment. Better site design is a form of Green Infrastructure and is similar to Low
Impact Development (LID). See also Green Infrastructure and Low Impact Development.
Construction Activity(ies) - means any clearing, grading, excavation, 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 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.
Covered entity - means the holder of this SPDES general permit or an entity required to gain
coverage under this SPDES general permit. The owner / operator of the small MS4.
Department - means the New York State Department of Environmental Conservation as well
as meaning the Department 's designated agent.
Development - period after initial authorization under this SPDES general permit when the
covered entity creates, designs or develops activities, BMPs, tasks or other measures to
include in their SWMP
Discharge(s) - any addition of any pollutant to waters of the State through an outlet or point
source.
Discharge Authorized by a SPDES Permit - means discharges of wastewater or stormwater
from sources listed in the permit, that do not violate ECL Section 17-0501, that are through
outfalls listed in the permit, and that are:
1. discharges within permit limitations of pollutants limited in the SPDES permit;
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
88
2. discharges within permit limitations of pollutants limited by an indicator limit in the
SPDES permit;
3. discharges of pollutants subject to action level requirements in the SPDES permit;
4. discharges of pollutants not explicitly listed in the SPDES permit, but reported in the
SPDES permit application record as detected in the discharge or as something the covered
entity knows or has reason to believe to be present in the discharge, provided the special
conditions section of the applicable SPDES permit does not otherwise forbid such a discharge
and provided that such discharge does not exceed, by an amount in excess of normal
effluent variability, the level of discharge that may reasonably be expected for that pollutant
from information provided in the SPDES permit application record;
5. discharges of pollutants not required to be reported on the appropriate and current New
York State SPDES permit application; provided the special conditions section of the permit
does not otherwise forbid such a discharge. The Department may, in accordance with law
and regulation, modify the permit to include limits for any pollutant even if that pollutant is
not required to be reported on the SPDES permit application; or
6. discharges from fire fighting activities; fire hydrant flushings; testing of fire fighting
equipment, provided that such equipment is for water only fire suppression; potable water
sources including waterline flushings; irrigation drainage; lawn watering; uncontaminated
infiltration and inflow; leakage from raw water conveyance systems; routine external
building washdown and vehicle washing which does not use detergents or other compounds;
pavement washwaters where spills or leaks of toxic or hazardous materials, other than minor
and routine releases from motor vehicles, have not occurred (unless such material has been
removed) and where detergents are not used; air conditioning and steam condensate;
springs; uncontaminated groundwater; and foundation or footing drains where flows are not
contaminated with process materials such as solvents provided that the covered entity has
implemented an effective plan for minimizing the discharge of pollutants from all of the
sources listed in this subparagraph.
Environmental Conservation Law - means chapter 43-B of the Consolidated Laws of the State
of New York, entitled the Environmental Conservation Law.
Green Infrastructure - Green infrastructure approaches essentially infiltrate,
evapotranspirate or reuse stormwater, with significant utilization of soils and vegetation
rather than traditional hardscape collection, conveyance and storage structures . Common
green infrastructure approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated median strips,
reforestation, and protection and enhancement of riparian buffers and floodplains. See
also Low Impact Development and Better Site Design.
Groundwater - 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
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
89
atmosphere. Although the zone may contain gas-filled interstices or interstices filled with
fluids other than water, it is still considered saturated.
Illicit Discharges -discharges not entirely composed of stormwater into the small MS4,
except those identified in Part I.A.2. Examples of illicit discharges are non-permitted
sanitary sewage, garage drain effluent, and waste motor oil. However, an illicit discharge
could be any other non-permitted discharge which the covered entity or Department has
determined to be a substantial contributor of pollutants to the small MS4.
Impaired Water - a water is impaired if it does not meet its designated use(s). For purposes
of this permit impaired refers to impaired waters for which TMDLs have been established,
>=
for which existing controls such as permits are expected to resolve the impairment, and
those needing a TMDL. Impaired waters compilations are also sometimes referred to as
303(d) lists; 303(d) lists generally include only waters for which TMDLs have not yet been
developed. States will generally have associated, but separate lists of impaired waters for
which TMDLs have already been established.
Implementation - period after development of SWMP, where the covered entity puts into
effect the practices, tasks and other activities in their SWMP.
Individual SPDES Permit - means a SPDES permit issued to a single facility in one location in
accordance with this Part (as distinguished from a SPDES general permit).
Industrial Activity - as defined by the SPDES Multi-Sector General Permit (GP-0-12-001).
Larger Common Plan of Development or Sale - means a contiguous area where multiple
separate and distinct construction activities are occurring, or will occur, under one plan. The
term plan in larger common plan of development or saleis broadly defined as any
A@A@
announcement or piece of documentation (including a sign, public notice or hearing, sales
pitch, advertisement, drawing, permit application, State Environmental Quality Review Act
Application, zoning request, computer design, etc.) or physical demarcation (including
boundary signs, lot stakes, surveyor markings, etc.) indicating that 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.
A@
Low Impact Development - is a site design strategy with a goal of maintaining or replicating
the predevelopment hydrologic regime through the use of design techniques to create a
functionally equivalent hydrologic landscape. Hydrologic functions of storage, infiltration,
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
90
and ground water recharge, as well as the volume and frequency of discharges are
maintained through the use of integrated and distributed micro scale stormwater retention
and detention areas, reduction of impervious surfaces, and the lengthening of flow paths
and runoff time. Other strategies include the preservation/protection of environmentally
sensitive site features such as riparian buffers, wetlands, steep slopes, valuable (mature)
trees, flood plains, woodlands and highly permeable soils. LID principles are based on
controlling stormwater at the source by the use of micro scale controls that are distributed
throughout the site. This is unlike conventional approaches that typically convey and manage
runoff in large facilities located at the base of drainage areas. See also Green Infrastructure
and Better Site Design.
Management Practices - See best management practices
Maximum Extent Practicable - is a technology-based standard established by Congress in
the Clean Water Act '402(p)(3)(B)(iii). Since no precise definition of MEP exists, it allows for
maximum flexibility on the part of MS4 operators as they develop their programs. (40CFR
122.2 See also: Stormwater Phase II Compliance Assistance Guide EPA 833-R-00-002, March
2000). When trying to reduce pollutants to the MEP, there must be a serious attempt to
comply, and practical solutions may not be lightly rejected. If a covered entity chooses only a
few of the least expensive methods, it is likely that MEP has not been met. On the other
hand, if a covered entity employs all applicable BMPs except those where it can be shown
that they are not technically feasible in the locality, or whose cost would exceed any benefit
to be derived, it would have met the standard. MEP required covered entities to choose
effective BMPs, and to reject applicable BMPs only where other effective BMPs will serve the
same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive.
Measurable Goals - are the goals of the SWMP that should reflect the needs and
characteristics of the covered entity and the areas served by its small MS4. Furthermore, the
goals should be chosen using an integrated approach that fully addresses the requirements
and intent of the MCM. The assumption is that the program schedules would be created
over a 5 year period and goals would be integrated into that time frame. For example, a
larger MS4 could do an outfall reconnaissance inventory for 20% of the collection system
every year so that every outfall is inspected once within the permit cycle
Municipal / Municipalities - referred to in the federal rule that describes the Phase II
stormwater program includes not only the States municipal governments (cities, towns,
=
villages and counties), but any publicly funded entity that owns or operates a separate storm
sewer system. Examples of other public entities that are included in this program include the
State Department of Transportation, State University Campuses, federal and State prisons,
State and federal hospitals, Thruway and Dormitory Authorities, public housing authorities,
school and other special districts.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
91
Municipal Separate Storm Sewer System - a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
1. owned or operated by a State, city, town, village, 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;
2. designed or used for collecting or conveying stormwater;
3. which is not a combined sewer; and
4. which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
122.2.
National Pollutant Discharge Elimination System - means the national system for the
issuance of wastewater and stormwater permits under the Federal Water Pollution Control
Act (Clean Water Act).
Non-traditional MS4s - state and federal prisons, office complexes, hospitals; state:
transportation agencies; university campuses, public housing authorities, schools, other
special districts.
Open Meetings Law - per Public Officers Law, Article 7, Open Meetings Law, Section 104,
Public notice:
1. Public notice of the time and place of a meeting scheduled at least one week prior
thereto shall be given to the newsmedia and shall be conspicuously posted in one or more
designated public locations at least seventy two hours before such meeting.
2. Public notice of the time and place of every other meeting shall be given, to the extent
practicable, to the news media and shall be conspicuously posted in one or more designated
public locations at a reasonable time prior thereto.
3. The public notice provided for by this section shall not be construed to require
publication as a legal notice.
4. If videoconferencing is used to conduct a meeting, the public notice for the meeting shall
inform the public that videoconferencing will be used, identify the locations for the meeting,
and state that the public has the right to attend the meeting at any of the locations.
Operator - the person, persons or legal entity that is responsible for the small MS4, as
indicated by signing the NOI to gain coverage for the MS4 under this SPDES general permit.
Outfall - is defined as any point where a municipally owned and operated separate storm
sewer system discharges to either surface waters of the State or to another MS4. Outfalls
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
92
include discharges from pipes, ditches, swales, and other points of concentrated flow.
However, areas of non-concentrated (sheet) flow which drain to surfacewaters of the State
or to another MS4s system are not considered outfalls and should not be identified as such
=
on the system map.
Pollutants of Concern - there are POCs that are primary (comprise the majority) sources of
stormwater pollutants and others that are secondary (less likely).
- The POCs that are primarily of concern are: nitrogen, phosphorus, silt and sediment,
pathogens, flow, and floatables impacting impaired waterbodies listed on the Priority
Waterbody List known to come in contact with stormwater that could be discharged to that
water body.
- The POCs that are secondarily of concern include but are not limited to petroleum
hydrocarbons, heavy metals, and polycyclic aromatic hydrocarbons (PAHs), where
stormwater or runoff is listed as the source of this impairment.
- The primary and secondary POCs can also impair waters not on the 303(d) list. Thus, it is
important for the covered entity to assess known and potential POCs within the area served
by their small MS4. This will allow the covered entity to address POCs appropriate to their
MS4.
Qualified Professional - 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 in order to prepare a SWPPP that conforms to the Department's
technical standard. 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.
Reporting Date – means the end of the annual reporting period, March 9, as indicated in
Part V.C.1.
Retrofit - means modifying or adding to existing infrastructure for the purpose of reducing
pollutant loadings. Examples, some of which may not be effective for all pollutants,
include:
Better site design approaches such as roof top disconnection, diversion of runoff to
infiltration areas, soil de-compaction, riparian buffers, rain gardens, cisterns
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
93
Rehabilitation of existing storm sewer system by installation of standard stormwater
treatment systems (ponds, wetlands, filtering, infiltration) or proprietary practices
Stabilize dirt roads (gravel, stone, water bar, check dam, diversion)
Conversion of dirt parking lots to pervious pavement, grassed or stone cover
Conversion of dry detention ponds to extended detention or wetland treatment systems
Retrofit by converting abandoned buildings to stormwater treatment systems
Retrofit of abandoned building to open space
Retrofit road ditches to enhance open channel design
Control the downstream effects of runoff from existing paved surfaces resulting in flooding
and erosion in receiving waters
Control stream erosion by plunge pool, velocity dissipaters, and flow control devices for
discharges from conveyance systems
Upgrade of an existing conveyance system to provide water quality and /or quantity control
within the drainage structure
Section 303(d) Listed Waters - Section 303(d) is part of the federal CWA that requires the
Department to periodically to prepare a list of all surface waters in the State for which
beneficial uses of the water such as for drinking, recreation, aquatic habitat, and industrial
B
use are impaired by pollutants. These are water quality-limited estuaries, lakes, and
B
streams that fall short of state surface water quality standards, and are not expected to
improve within the next two years. Refer to impaired waters for more information.
Single entity - An entity, formed in accordance with the applicable state and/or local
legislation, with a legal authority and capacity (financial, resources, etc...) that gains
coverage under the MS4 general permit to implement all or parts of the MS4 program within
a jurisdiction on behalf of multiple MS4s in that geographic area.
Small MS4 - MS4 system within an urbanized area or other areas designated by the State.
SPDES general permit - means a SPDES permit issued pursuant to 6 NYCRR Part 750-1.21
authorizing a category of discharges.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
94
Staff - actual employees of the covered entity or contracted entity.
State - means the State of New York.
State Pollutant Discharge Elimination System -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.
Stormwater - means that portion of precipitation that, once having fallen to the ground, is in
excess of the evaporative or infiltrative capacity of soils, or the retentive capacity of surface
features, which flows or will flow off the land by surface runoff to waters of the state.
Stormwater Management Program - the program implemented by the covered entity.
Covered entities are required at a minimum to develop, implement and enforce a SWMP
designed to address POCs and reduce the discharge of pollutants from the small MS4 to the
MEP, to protect water quality, and to satisfy the appropriate water quality requirements of
the ECL and Clean Water Act. The SWMP must address the MCM described in Part VIII.
The SWMP needs to include measurable goals for each of the BMP s. The measurable goals
will help the covered entities assess the status and progress of their program. The SWMP
should:
1. describe the BMP / measureable goal;
2. identify time lines / schedules and milestones for development and implementation;
3. include quantifiable goals to assess progress over time; and
4. describe how the covered entity will address POCs.
Guidance on developing SWMPs is available from the Department on its website. Examples
of successful SWMPs and suggested measurable goals are also provided in EPAs Menu of
=
BMPs available from its website. Note that this information is for guidance purposes only.
An MS4 may choose to develop or implement equivalent methods equivalent to those made
available by the Department and EPA to demonstrate compliance with the MCMs.
When creating the SWMP, the covered entities s hould assess activities already being
performed that could help meet, or be modified to meet, permit requirements and be
included in the SWMP. Covered entities can create their SWMP individually, with a group of
other individual covered entities or a coalition of covered entities, or through the work of a
third party entity.
Stormwater Management Program Plan- used by the covered entity to document
developed, planned and implemented SWMP elements. The SWMP plan must describe how
pollutants in stormwater runoff will be controlled. For previously unauthorized small MS4s
seeking coverage, information included in the NOI should be obtained from the SWMP plan.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
95
The SWMP plan is a separate document from the NOI and should not be submitted with the
NOI or any annual reports unless requested.
The SWMP plan should include a detailed written explanation of all management practices,
activities and other techniques the covered entity has developed, planned and implemented
for their SWMP to address POCs and reduce pollutant discharges from their small MS4 to the
MEP. The SWMP plan shall be revised to incorporate any new or modified BMP s or
measurable goals.
Covered entities can create their SWMP plan individually, with a group of other individual
covered entities or a coalition of covered entities, or through the work of a third party entity.
Documents to include are: applicable local laws, inter-municipal agreements and other legal
authorities; staffing and staff development programs and organization charts; program
budget; policy, procedures, and materials for each minimum measure; outfall and small MS4
system maps; stormwater management practice selection and measurable goals; operation
and maintenance schedules; documentation of public outreach efforts and public comments;
submitted construction site SWPPPs and review letters and construction site inspection
reports.
The SWMP plan shall be made readily available to the covered entitys staff and to the public
=
and regulators, such as Department and EPA staff. Portions of the SWMP plan, primarily
policies and procedures, must be available to the management and staff of a covered entity
that will be called upon to use them. For example, the technical standards and associated
technical assistance documents and manuals for stormwater controls should be available to
code enforcement officers, review engineers and planning boards. The local laws should be
readily available to the town board and planning board. An integrated pest management
program would have to be available to the parks department and the stormwater outfall and
available sewer system mapping and catch basin cleaning schedule would have to be
available to the department of public works.
Storm sewershed - the catchment area that drains into the storm sewer system based on
the surface topography in the area served by the stormsewer. Adjacent catchment areas
that drain to adjacent outfalls are not separate storm sewersheds.
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 or
underground 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.
SPDES General Permit for Stormwater Discharge from MS4s, GP-0-15-003
96
Storm sewers are not waters of the state unless they are classified in 6 NYCRR Parts 800 to
941. Nonetheless, a discharge to a storm sewer shall be regulated as a discharge at the point
where the storm sewer discharges to waters of the state. Waste treatment systems,
including treatment ponds or lagoons designed to meet the requirements of the Act and
Environmental Conservation Law (other than cooling ponds as defined in 40 CFR
423.11(m)(see section 750 - 1.24) which also meet the criteria of this definition are not
waters of the state. This exclusion applies only to manmade bodies of water which neither
were originally created in waters of the State (such as a disposal area in wetlands) nor
resulted from impoundment of waters of the state.
SWPPP - as defined per the NYS DEC SPDES General Permit for Stormwater Discharges from
Construction Activity or NYS DEC SPDES Multi-Sector General Permit for Stormwater
Associated with Industrial Activity .
Total Maximum Daily Load - 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 and still meet water quality standards, and an
allocation of that amount to the pollutant's sources. A TMDL stipulates wasteload allocations
for point source discharges, load allocations for nonpoint sources, and a margin of safety.
Traditional Land Use Control MS4s - means a city, town or village with land use control
authority.
Traditional Non-land Use Control MS4s - means any county agency without land use control.
Urbanized Area - is a land area comprising one or more places (central place(s)) and the
adjacent densely settled surrounding area (urban fringe) that together have a residential
population of at least 50,000 and an overall population density of at least 1,000 people per
square mile, as defined by the US Bureau of Census. Outlines the extent of automatically
regulated areas, often do not extend to the political boundaries of a city, town, or village.
SWMPs are only required within the UA. However, the Department encourages covered
entities to voluntarily extend their SWMP programs at least to the extent of the storm
sewershed that flows into the UA or extend further to their entire jurisdiction. For ease of
creation and administration of local laws, ordinances or other regulatory mechanisms, these
should be created to apply to the full jurisdictional boundary of municipalities.
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.
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97
Part XI. RE-OPENER CLAUSE
If there is evidence indicating that the stormwater discharges authorized by this permit
cause or have the reasonable potential to cause or contribute to a violation of a water
quality standard, the covered entity may be required at the Department s sole discretion to
=
obtain an individual SPDES permit or an alternative SPDES general permit or the permit may
be modified. In addition, coverage under this permit could terminate, meaning the
discharge must cease.
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98
APPENDICES
APPENDIX 1. LIST OF NYS DEC REGIONAL OFFICES
C DIVISIONOFDIVISIONOFWATER(DOW)
Region
OVERING THE FOLLOWING
: ENVIRONMENTAL
COUNTIES
(DEP) W(SPDES)P
PERMITS
ATER ROGRAM
PA
ERMIT DMINISTRATORS
50CR 50CR
IRCLE OAD IRCLE OAD
NS
ASSAU AND UFFOLK
B,NY11790 B,NY11790-3409
SS
TONY ROOK TONY ROOK
1
T.(631)444-0365 T.(631)444-0405
EL EL
1HPP, 1HPP,
UNTERS OINT LAZAUNTERS OINT LAZA
B,K,NY,Q
RONXINGSEW ORKUEENS AND
47-4021S. 47-4021S.
ST T ST T
R
2
ICHMOND
LIC,NY11101-5407 LIC,NY11101-5407
ONG SLAND ITY ONG SLAND ITY
.(718)482-4997 .(718)482-4933
TT
EL EL
21SPCR100HA,S1
OUTH UTT ORNERS OADILLSIDE VENUEUITE W
D,O,P,R,
UTCHESS RANGE UTNAM OCKLAND
P,NY12561-1696 P,NY10603
NW
EW ALTZ HITE LAINS
S,UW
3
ULLIVAN LSTER AND ESTCHESTER
T.(845)256-3059 T.(914)428-2505
EL EL
1150NWR 1130NWR
ORTH ESTCOTT OAD ORTH ESTCOTT OAD
A,C,D,G,
LBANY OLUMBIA ELAWARE REENE
S,NY12306-2014 S,NY12306-2014
CHENECTADY CHENECTADY
4 M,O,R,
ONTGOMERY TSEGO ENSSELAER
.(518)357-2069 .(518)357-2045
TT
EL EL
SS
CHENECTADY AND CHOHARIE
1115SR86,PB296 232GCR,
TATE OUTE O OX OLF OURSE OAD
C,E,F,F,
LINTON SSEXRANKLIN ULTON
B,NY12977-0296 B220
RP
AY ROOK O OX
H,S,W
5
AMILTON ARATOGA ARREN AND
T.(518)897-1234 W,NY12885-0220
EL ARRENSBURG
W
ASHINGTON
T.(518)623-1200
EL
STATE OFFICE BUILDING STATE OFFICE BUILDING
HERKIMER, JEFFERSON, LEWIS,
317 WASHINGTON STREET 207 GENESEE STREET
ONEIDA AND ST. LAWRENCE
6
WATERTOWN, NY 13601-3787 UTICA, NY 13501-2885
TEL. (315) 785-2245TEL. (315) 793-2554
615 ERIE BLVD. WEST 615 ERIE BLVD. WEST
BROOME, CAYUGA, CHENANGO,
SYRACUSE, NY 13204-2400 SYRACUSE, NY 13204-2400
7 CORTLAND, MADISON, ONONDAGA,
TEL. (315) 426-7438 TEL. (315) 426-7500
OSWEGO, TIOGA AND TOMPKINS
6274 EAST AVON-LIMA ROAD 6274 EAST AVON-LIMA RD.
CHEMUNG, GENESEE, LIVINGSTON,
AVON, NY 14414-9519 AVON, NY 14414-9519
8 MONROE, ONTARIO, ORLEANS,
TEL. (585) 226-2466 TEL. (585) 226-2466
SCHUYLER, SENECA, STEUBEN,
WAYNE AND YATES
270 MICHIGAN AVENUE 270 MICHIGAN AVE.
ALLEGANY, CATTARAUGUS,
BUFFALO, NY 14203-2999 BUFFALO, NY 14203-2999
9 CHAUTAUQUA, ERIE, NIAGARA AND
TEL. (716) 851-7165 TEL. (716) 851-7070
WYOMING
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APPENDIX 2.IMPAIRED SEGMENTS AND PRIMARY POLLUTANTS OF CONCERN
COUNTYWATERBODY NAMEPOLLUTANT
AlbanyAnn Lee (Shakers) Pond, Stump Pondphosphorus
AlbanyBasic Creek Reservoirphosphorus
BronxVan Cortlandt Lakephosphorus
BronxBronx River, Lowerpathogens
BronxBronx River, Lowerfloatables
BronxBronx River, Middle, and tribspathogens
BronxBronx River, Middle, and tribsfloatables
BronxWestchester Creekfloatables
BronxHutchinson River, Lower, and tribsfloatables
BroomeSusquehanna River, Lower, Main Stempathogens
BroomeWhitney Point Lake/Reservoirphosphorus
BroomePark Creek and tribspathogens
BroomeBeaver Lakephosphorus
BroomeWhite Birch Lakephosphorus
CayugaLittle Sodus Bayphosphorus
CayugaOwasco Lakepathogens
Cayuga, TompkinsOwasco Inlet, Upper, and tribsphosphorus
ChautauquaLake Erie (Dunkirk Harbor)pathogens
ChautauquaChadakoin River and tribsphosphorus
ChautauquaChautauqua Lake, Southphosphorus
ChautauquaChautauqua Lake, Northphosphorus
ChautauquaBear Lakephosphorus
ChautauquaLower Cassadaga Lakephosphorus
ChautauquaMiddle Cassadaga Lakephosphorus
ChautauquaFindley Lakephosphorus
ChenangoUnadilla River, Lower, Main Stempathogens
ClintonLake Champlain, Main Lake, Northphosphorus
ClintonLake Champlain, Main Lake, Middlephosphorus
ClintonGreat Chazy River, Lower, Main Stemsilt/sediment
ColumbiaRobinson Pondphosphorus
ColumbiaKinderhook Lakephosphorus
DelawareCannonsville Reservoirphosphorus
DutchessHillside Lakephosphorus
DutchessWappinger Lakesphosphorus
DutchessWappinger Lakessilt/sediment
DutchessFall Kill and tribsphosphorus
DutchessRudd Pondphosphorus
ErieEllicott Creek, Lower, and tribsphosphorus
ErieEllicott Creek, Lower, and tribssilt/sediment
ErieRansom Creek, Lower, and tribspathogens
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COUNTYWATERBODY NAMEPOLLUTANT
ErieRansom Creek, Upper, and tribspathogens
ErieBeeman Creek and tribsphosphorus
ErieBeeman Creek and tribspathogens
ErieMurder Creek, Lower, and tribsphosphorus
ErieMurder Creek, Lower, and tribspathogens
ErieTwo Mile Creek and tribspathogens
ErieTwo Mile Creek and tribsfloatables
ErieScajaquada Creek, Lower, and tribsfloatables
ErieScajaquada Creek, Lower, and tribspathogens
ErieSouth Branch Smoke Cr, Lower, and tribsphosphorus
ErieSouth Branch Smoke Cr, Lower, and tribssilt/sediment
ErieRush Creek and tribspathogens
ErieRush Creek and tribsphosphorus
ErieLittle Sister Creek, Lower, and tribsphosphorus
ErieLittle Sister Creek, Lower, and tribspathogens
EssexLake Champlain, Main Lake, Southphosphorus
EssexLake Champlain, South Lakephosphorus
GeneseeTonawanda Creek, Middle, Main Stemphosphorus
GeneseeTonawanda Creek, Middle, Main Stemsilt/sediment
GeneseeTonawanda Creek, Upper, and minor tribssilt/sediment
GeneseeBowen Brook and tribsphosphorus
GeneseeLittle Tonawanda Creek, Lower, and tribssilt/sediment
GeneseeOak Orchard Cr, Upper, and tribsphosphorus
GeneseeBlack Creek, Upper, and minor tribsphosphorus
GeneseeBigelow Creek and tribsphosphorus
GreeneSchoharie Reservoirsilt/sediment
GreeneShingle Kill and tribspathogens
GreeneSleepy Hollow Lakesilt/sediment
HerkimerUnadilla River, Middle, and minor tribspathogens
HerkimerMohawk River, Main Stempathogens
HerkimerMohawk River, Main Stemfloatables
HerkimerSteele Creek tribsphosphorus
HerkimerSteele Creek tribssilt/sediment
JeffersonMoon Lakephosphorus
KingsConey Island Creekpathogens
KingsConey Island Creekfloatables
KingsGowanus Canalfloatables
KingsHendrix Creeknitrogen
KingsHendrix Creekpathogens
KingsHendrix Creekfloatables
KingsPaerdegat Basinfloatables
KingsMill Basin and tidal tribsfloatables
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COUNTYWATERBODY NAMEPOLLUTANT
LewisBeaver River, Lower, and tribspathogens
LewisBeaver River, Lower, and tribsfloatables
LewisMill Creek/South Branch, and tribsphosphorus
LewisMill Creek/South Branch, and tribspathogens
LivingstonConesus Lakephosphorus
LivingstonJaycox Creek and tribsphosphorus
LivingstonJaycox Creek and tribssilt/sediment
LivingstonMill Creek and minor tribssilt/sediment
MadisonCanastota Creek, Lower, and tribspathogens
MonroeRochester Embayment -Westpathogens
MonroeMill Creek and tribsphosphorus
MonroeMill Creek and tribspathogens
MonroeShipbuilders Creek and tribsphosphorus
MonroeShipbuilders Creek and tribspathogens
MonroeMinor Tribs to Irondequoit Bayphosphorus
MonroeMinor Tribs to Irondequoit Baypathogens
MonroeThomas Creek/White Brook and tribsphosphorus
MonroeBuck Pondphosphorus
MonroeLong Pondphosphorus
MonroeCranberry Pondphosphorus
MonroeGenesee River, Lower, Main Stemphosphorus
MonroeGenesee River, Lower, Main Stempathogens
MonroeGenesee River, Lower, Main Stemsilt/sediment
MonroeGenesee River, Middle, Main Stemphosphorus
MonroeBlack Creek, Lower, and minor tribsphosphorus
Long Island Sound, Nassau County
Nassaupathogens
W
Long Island Sound, Nassau County
Nassaunitrogen
W
NassauManhasset Bay, and tidal tribspathogens
NassauManhasset Bay, and tidal tribspathogens
NassauHempstead Harbor, south, and tidal tribspathogens
NassauGlen Cove Creek, Lower, and tribspathogens
NassauGlen Cove Creek, Lower, and tribssilt/sediment
NassauDosoris Pondpathogens
NassauMill Neck Creek and tidal tribspathogens
NassauSouth Oyster Baypathogens
NassauEast Baypathogens
NassauLI Tribs (fresh) to East Bayphosphorus
NassauLI Tribs (fresh) to East Baysilt/sediment
NassauMiddle Baypathogens
NassauEast Rockaway Inletpathogens
NassauReynolds Channel, eastpathogens
NassauEast Meadow Brook, Upper, and tribssilt/sediment
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COUNTYWATERBODY NAMEPOLLUTANT
NassauHempstead BayNitrogen
NassauHempstead Baypathogens
NassauHempstead Lakephosphorus
NassauGrant Park Pondphosphorus
NassauWoodmere Channelpathogens
New YorkEast River, Lowerfloatables
New YorkHarlem Riverfloatables
NiagaraBergholtz Creek and tribsphosphorus
NiagaraBergholtz Creek and tribspathogens
OneidaUtica Harborpathogens
OneidaUtica Harborfloatables
OneidaMohawk River, Main Stempathogens
OneidaMohawk River, Main Stemfloatables
OneidaMohawk River, Main Stempathogens
OneidaMohawk River, Main Stemfloatables
OneidaBallou, Nail Creeks and tribsphosphorus
OneidaNinemile Creek, Lower, and tribspathogens
OnondagaLimestone Creek, Lower, and minor tribspathogens
OnondagaSeneca River, Lower, Main Stempathogens
OnondagaOnondaga Lake, northern endphosphorus
OnondagaOnondaga Lake, southern endpathogens
OnondagaOnondaga Lake, southern endphosphorus
OnondagaMinor Tribs to Onondaga Lakephosphorus
OnondagaMinor Tribs to Onondaga Lakepathogens
OnondagaBloody Brook and tribspathogens
OnondagaLey Creek and tribspathogens
OnondagaLey Creek and tribsphosphorus
OnondagaOnondaga Creek, Lower, and tribsphosphorus
OnondagaOnondaga Creek, Lower, and tribspathogens
OnondagaOnondaga Creek, Middle, and tribssilt/sediment
OnondagaOnondaga Creek, Middle, and tribsphosphorus
OnondagaOnondaga Creek, Middle, and tribspathogens
OnondagaOnondaga Creek, Upper, and minor tribssilt/sediment
OnondagaHarbor Brook, Lower, and tribsphosphorus
OnondagaHarbor Brook, Lower, and tribspathogens
OnondagaNinemile Creek, Lower, and tribsphosphorus
OnondagaNinemile Creek, Lower, and tribspathogens
OntarioHemlock Lake Outlet and minor tribsphosphorus
OntarioHemlock Lake Outlet and minor tribspathogens
OntarioHoneoye Lakephosphorus
OntarioGreat Brook and minor tribsphosphorus
OntarioGreat Brook and minor tribssilt/sediment
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COUNTYWATERBODY NAMEPOLLUTANT
OrangeGreenwood Lakephosphorus
OswegoLake Neatahwantaphosphorus
OtsegoSusquehanna River, Main Stempathogens
PutnamCroton Falls Reservoirphosphorus
PutnamWest Branch Reservoirphosphorus
PutnamBoyd Corners Reservoirphosphorus
PutnamMiddle Branch Reservoirphosphorus
PutnamLake Carmelphosphorus
PutnamDiverting Reservoirphosphorus
PutnamEast Branch Reservoirphosphorus
PutnamBog Brook Reservoirphosphorus
PutnamOscawana Lakephosphorus
QueensNewtown Creek and tidal tribsfloatables
QueensEast River, Upperfloatables
QueensEast River, Upperfloatables
QueensFlushing Creek/Baynitrogen
QueensFlushing Creek/Bayfloatables
QueensLittle Neck Baypathogens
QueensAlley Creek/Little Neck Bay Tribfloatables
Jamaica Bay, Eastern, and tribs
Queensnitrogen
(Q)
Jamaica Bay, Eastern, and tribs
Queenspathogens
(Q)
Jamaica Bay, Eastern, and tribs
Queensfloatables
(Q)
QueensThurston Basinfloatables
QueensBergen BasinNitrogen
QueensBergen Basinpathogens
QueensBergen Basinfloatables
QueensShellbank Basinnitrogen
QueensSpring Creek and tribspathogens
QueensSpring Creek and tribsfloatables
RensselaerSnyders Lakephosphorus
RichmondRaritan Bay (Class SA)pathogens
RichmondArthur Kill(Class I) and minor tribsfloatables
RichmondNewark Bayfloatables
RichmondKill Van Kullfloatables
RichmondGrasmere, Arbutus and Wolfes Lakesphosphorus
SaratogaDwaas Kill and tribsPhosphorus
SaratogaDwaas Kill and tribssilt/sediment
SaratogaSchuyler Creek and tribsphosphorus
SaratogaSchuyler Creek and tribspathogens
SaratogaLake Lonelyphosphorus
SaratogaTribs to Lake LonelyPhosphorus
SaratogaTribs to Lake Lonelypathogens
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COUNTYWATERBODY NAMEPOLLUTANT
SchenectadyCollins Lakephosphorus
SchoharieCobleskill Creek, Lower, and tribspathogens
SchoharieEngleville Pondphosphorus
SchoharieSummit Lakephosphorus
St. LawrenceBlack Lake Outlet/Black Lakephosphorus
SteubenLake Salubriaphosphorus
SteubenSmith Pondphosphorus
SuffolkMillers Pondphosphorus
Stony Brook Harbor and West Meadow
Suffolkpathogens
Ck
SuffolkPort Jefferson Harbor, North, and tribspathogens
SuffolkConscience Bay and tidal tribspathogens
SuffolkBeach/Island Ponds, Fishers Islandpathogens
SuffolkDering Harborpathogens
SuffolkTidal Tribs to Gr Peconic Bay, Northshrpathogens
SuffolkMattituck (Marratooka) Pondphosphorus
SuffolkMattituck (Marratooka) Pondpathogens
Flanders Bay, West/Lower Sawmill
Suffolknitrogen
Ck
SuffolkMeetinghouse/Terrys Creeks and tribsnitrogen
SuffolkMeetinghouse/Terrys Creeks and tribspathogens
SuffolkPeconic River, Lower, and tidal tribsnitrogen
SuffolkPeconic River, Lower, and tidal tribspathogens
SuffolkScallop Pondpathogens
SuffolkOyster Pond/Lake Munchoguepathogens
SuffolkPhillips Creek, Lower, and tidal tribspathogens
SuffolkQuogue Canalpathogens
SuffolkForge River, Lower and Covepathogens
SuffolkTidal tribs to West Moriches BayNitrogen
SuffolkTidal tribs to West Moriches Baypathogens
SuffolkCanaan Lakesilt/sediment
SuffolkCanaan Lakephosphorus
SuffolkNicoll Baypathogens
SuffolkLake Ronkonkomaphosphorus
SuffolkLake Ronkonkomapathogens
SuffolkGreat Covepathogens
TompkinsCayuga Lake, Southern Endphosphorus
TompkinsCayuga Lake,Southern Endsilt/sediment
TompkinsCayuga Lake, Southern Endpathogens
UlsterAshokan Reservoirsilt/sediment
UlsterEsopus Creek, Upper, and minor tribssilt/sediment
WarrenLake Georgesilt/sediment
WarrenTribs to L.George, Village of L Georgesilt/sediment
WarrenHuddle/Finkle Brooks and tribssilt/sediment
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COUNTYWATERBODY NAMEPOLLUTANT
WarrenIndian Brook and tribssilt/sediment
WarrenHague Brook and tribssilt/sediment
WashingtonLake Champlain, South Bayphosphorus
WashingtonTribs to L.George, East Shoresilt/sediment
WashingtonCossayuna Lakephosphorus
WayneBlind Sodus Bayphosphorus
WaynePort Bayphosphorus
WestchesterSaw Mill River, Lower, and tribsfloatables
WestchesterNew Croton Reservoirphosphorus
WestchesterUpper New Croton/Muscoot Reservoirphosphorus
WestchesterAmawalk Reservoirphosphorus
WestchesterLake Lincolndalephosphorus
WestchesterPeach Lakepathogens
WestchesterPeach Lakephosphorus
WestchesterTiticus Reservoirphosphorus
WestchesterCross River Reservoirphosphorus
WestchesterLake Meahaughphosphorus
WestchesterBronx River, Upper, and tribspathogens
WestchesterNew Rochelle Harborpathogens
WestchesterNew Rochelle Harborfloatables
Long Island Sound, Westchester Co
Westchesterpathogens
W
Long Island Sound, Westchester Co
Westchesternitrogen
W
WestchesterLarchmont Harborpathogens
WestchesterLarchmont Harborfloatables
WestchesterHutchinson River, Middle, and tribspathogens
WestchesterMamaroneck Harborpathogens
WestchesterMamaroneck Harborfloatables
WestchesterMamaroneck River, Lowersilt/sediment
Mamaroneck River, Upper, and minor
Westchestersilt/sediment
ib
WestchesterSheldrake River and tribsphosphorus
WestchesterSheldrake River and tribssilt/sediment
WestchesterMilton Harborpathogens
WestchesterMilton Harborfloatables
WestchesterBlind Brook, Lowersilt/sediment
WestchesterBlind Brook, Upper, and tribssilt/sediment
WestchesterPort Chester Harborpathogens
WestchesterPort Chester Harborfloatables
WestchesterByramRiver, Lowerpathogens
WyomingJava Lakephosphorus
WyomingSilver Lakephosphorus
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APPENDIX 2 (CONTINUED)
IMPAIRED SEGMENTS AND SECONDARY POLLUTANTS OF CONCERN
COUNTY WATERBODYPOLLUTANT
OneidaMohawk River Main StemCopper
Oil and Grease
WestchesterHutchinson River Middle and tribs
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APPENDIX 3.NEW YORK CITY WATERSHED EAST OF THE HUDSON RIVER
WATERSHED MAP
Figure 1. The requirements of watershed improvement strategies apply to the sewersheds within the shaded areas.
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APPENDIX 4.ONONDAGA LAKE WATERSHED MAP
Figure 2. The requirements of watershed improvement strategies apply to the sewersheds
within the shaded areas.
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APPENDIX 5.GREENWOOD LAKE WATERSHED MAP
Figure 3. The requirements of watershed improvement strategies apply to the sewersheds within the shaded areas.
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APPENDIX 6. OYSTER BAY WATERSHED MAP
Figure 4. The requirements of watershed improvement strategies applyto the sewersheds
within the shaded areas.
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. The requirements of watershed improvement strategies apply to the sewersheds within the shaded areas.
APPENDIX 9. THE 27 LONG ISLAND SHELLFISHING IMAPIRED EMBAYMENT MAP
003
-
15
-
0
-
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7
Figure
APPENDIX 10. LAKE OSCAWANA WATERSHED MAP
Figure 8. The requirements of watershed improvement strategies apply to the sewersheds within the shaded areas.
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