Attachment 21 SPDES GP-0-20-001.pdf

WYORK Department of

:TEOF

OITTUNITY Environmental

Conservation

NEW YORK STATE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

SPDES GENERAL PERMIT

FOR STORMWATER DISCHARGES

From

CONSTRUCTION ACTIVITY

Permit No. GP- 0-20-001

Issued Pursuant to Article 17, Titles 7, 8 and Article 70 of the Environmental Conservation Law

Effective Date: January 29, 2020 Expiration Date: January 28, 2025

John J. Ferguson

Chief Permit Administrator

Address: NYS DEC Division of Environmental Permits 625 Broadway, 4th Floor Albany, N.Y. 12233-1750

I

PREFACE

Pursuant to Section 402 of the Clean Water Act (“CWA”), stormwater discharges from certain construction activities are unlawful unless they are authorized by a National Pollutant Discharge Elimination System (“NPDES”) permit or by a state permit program.

New York administers the approved State Pollutant Discharge Elimination System (SPDES) program with permits issued in accordance with the New York State Environmental Conservation Law (ECL) Article 17, Titles 7, 8 and Article 70.

An owner or operator of a construction activity that is eligible for coverage under this permit must obtain coverage prior to the commencement of construction activity.

Activities that fit the definition of “construction activity”, as defined under 40 CFR

122.26(b)(14)(x), (15)(i), and (15)(ii), constitute construction of a point source and therefore, pursuant to ECL section 17-0505 and 17-0701, the owner or operator must have coverage under a SPDES permit prior to commencing construction activity. The owner or operator cannot wait until there is an actual discharge from the construction site to obtain permit coverage.

*Note: The italicized words/phrases within this permit are defined in Appendix A.

I

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM

CONSTRUCTION ACTIVITIES

Table of Contents

Part 1. PERMIT COVERAGE AND LIMITATIONS

A. Permit Application

B. Effluent Limitations Applicable to Discharges from Construction Activities

C. Post-construction Stormwater Management Practice Requirements

D. Maintaining Water Quality

E. Eligibility Under This General Permit

F. Activities Which Are Ineligible for Coverage Under This General Permit

Part II. PERMIT COVERAGE

A. How to Obtain Coverage

B. Notice of Intent (NOI) Submittal

C. Permit Authorization

D. General Requirements For Owners or Operators With Permit Coverage

E. Permit Coverage for Discharges Authorized Under GP-0-15-002

F. Change of Owner or Operator

Part III. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A. General SWPPP Requirements

B. Required SWPPP Contents

C. Required SWPPP Components by Project Type

Part IV. INSPECTION AND MAINTENANCE REQUIREMENTS

A. General Construction Site Inspection and Maintenance Requirements

B. Contractor Maintenance Inspection Requirements

C. Qualified Inspector Inspection Requirements

Part V. TERMINATION OF PERMIT COVERAGE

A. Termination of Permit Coverage

Part VI. REPORTING AND RETENTION RECORDS

A. Record Retention

B. Addresses

Part VII. STANDARD PERMIT CONDITIONS

A. Duty to Comply

B. Continuation of the Expired General Permit

C. Enforcement

D. Need to Halt or Reduce Activity Not a Defense

E. Duty to Mitigate

F. Duty to Provide Information

G. Other Information

H. Signatory Requirements

I. Property Rights

J. Severability

K. Requirement to Obtain Coverage Under an Alternative Permit

L. Proper Operation and Maintenance

M. Inspection and Entry

N. Permit Actions

O. Definitions

P. Re-Opener Clause

Q. Penalties for Falsification of Forms and Reports

R. Other Permits

APPENDIX A – Acronyms and Definitions

Acronyms

Definitions

APPENDIX B – Required SWPPP Components by Project Type

Table 1

Table 2

APPENDIX C – Watersheds Requiring Enhanced Phosphorus Removal

APPENDIX D – Watersheds with Lower Disturbance Threshold

APPENDIX E – 303(d) Segments Impaired by Construction Related Pollutant(s)

APPENDIX F – List of NYS DEC Regional Offices

(Part I)

Part 1. PERMIT COVERAGE AND LIMITATIONS

A. Permit Application

This permit authorizes stormwater discharges to surface waters of the State from the following construction activities identified within 40 CFR Parts 122.26(b)(14)(x), 122.26(b)(15)(i) and 122.26(b)(15)(ii), provided all of the eligibility provisions of this permit are met:

1. Construction activities involving soil disturbances of one (1) or more acres;

including disturbances of less than one acre that are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land; excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility;

2. Construction activities involving soil disturbances of less than one (1) acre where the Department has determined that a SPDES permit is required for stormwater discharges based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters of the State.

3. Construction activities located in the watershed(s) identified in Appendix D that involve soil disturbances between five thousand (5,000) square feet and one

(1) acre of land.

B. Effluent Limitations Applicable to Discharges from Construction Activities

Discharges authorized by this permit must achieve, at a minimum, the effluent limitations in Part I.B.1. (a) – (f) of this permit. These limitations represent the degree of effluent reduction attainable by the application of best practicable technology currently available.

1. Erosion and Sediment Control Requirements - The owner or operator must select, design, install, implement and maintain control measures to minimize the discharge of pollutants and prevent a violation of the water quality standards. The selection, design, installation, implementation, and maintenance of these control measures must meet the non-numeric effluent limitations in Part I.B.1.(a) – (f) of this permit and be in accordance with the

New York State Standards and Specifications for Erosion and Sediment

Control, dated November 2016, using sound engineering judgment. Where control measures are not designed in conformance with the design criteria included in the technical standard, the owner or operator must include in the

Stormwater Pollution Prevention Plan (“SWPPP”) the reason(s) for the

(Part I.B.1) deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard.

a. Erosion and Sediment Controls. Design, install and maintain effective erosion and sediment controls to minimize the discharge of pollutants and prevent a violation of the water quality standards. At a minimum, such controls must be designed, installed and maintained to:

(i) Minimize soil erosion through application of runoff control and soil stabilization control measure to minimize pollutant discharges;

(ii) Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of the discharge points;

(iii) Minimize the amount of soil exposed during construction activity;

(iv) Minimize the disturbance of steep slopes;

(v) Minimize sediment discharges from the site;

(vi) Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas and maximize stormwater infiltration to reduce pollutant discharges, unless infeasible;

(vii) Minimize soil compaction. Minimizing soil compaction is not required where the intended function of a specific area of the site dictates that it be compacted;

(viii) Unless infeasible, preserve a sufficient amount of topsoil to complete soil restoration and establish a uniform, dense vegetative cover; and

(ix) Minimize dust. On areas of exposed soil, minimize dust through the appropriate application of water or other dust suppression techniques to control the generation of pollutants that could be discharged from the site.

b. Soil Stabilization. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within fourteen (14) days from the date the current soil disturbance activity ceased.

For construction sites that directly discharge to one of the 303(d) segments

(Part I.B.1.b) listed in Appendix E or is located in one of the watersheds listed in

Appendix C, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven (7) days from the date the current soil disturbance activity ceased. See Appendix A for definition of Temporarily Ceased.

c. Dewatering. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, must be managed by appropriate control measures.

d. Pollution Prevention Measures. Design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants and prevent a violation of the water quality standards. At a minimum, such measures must be designed, installed, implemented and maintained to:

(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. This applies to washing operations that use clean water only. Soaps, detergents and solvents cannot be used;

(ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, hazardous and toxic waste, and other materials present on the site to precipitation and to stormwater.

Minimization of exposure is not required in cases where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use) ; and

(iii) Prevent the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.

e. Prohibited Discharges. The following discharges are prohibited:

(i) Wastewater from washout of concrete;

(ii) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials;

(Part I.B.1.e.iii)

(iii) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

(iv) Soaps or solvents used in vehicle and equipment washing; and

(v) Toxic or hazardous substances from a spill or other release.

f. Surface Outlets. When discharging from basins and impoundments, the outlets shall be designed, constructed and maintained in such a manner that sediment does not leave the basin or impoundment and that erosion at or below the outlet does not occur.

C. Post-construction Stormwater Management Practice Requirements

1. The owner or operator of a construction activity that requires post-construction stormwater management practices pursuant to Part III.C. of this permit must select, design, install, and maintain the practices to meet the performance criteria in the New York State Stormwater Management Design Manual

(“Design Manual”), dated January 2015, using sound engineering judgment.

Where post-construction stormwater management practices (“SMPs”) are not designed in conformance with the performance criteria in the Design Manual, the owner or operator must include in the SWPPP the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard.

2. The owner or operator of a construction activity that requires post-construction stormwater management practices pursuant to Part III.C. of this permit must design the practices to meet the applicable sizing criteria in Part I.C.2.a., b., c.

or d. of this permit.

a. Sizing Criteria for New Development

(i) Runoff Reduction Volume (“RRv”): Reduce the total Water Quality Volume (“WQv”) by application of RR techniques and standard SMPs with RRv capacity. The total WQv shall be calculated in accordance with the criteria in Section 4.2 of the Design Manual.

(ii) Minimum RRv and Treatment of Remaining Total WQv: Construction activities that cannot meet the criteria in Part I.C.2.a.(i) of this permit due to site limitations shall direct runoff from all newly constructed impervious areas to a RR technique or standard SMP with RRv capacity unless infeasible. The specific site limitations that prevent the reduction of 100% of the WQv shall be documented in the SWPPP.

(Part I.C.2.a.ii)

For each impervious area that is not directed to a RR technique or standard SMP with RRv capacity, the SWPPP must include documentation which demonstrates that all options were considered and for each option explains why it is considered infeasible.

In no case shall the runoff reduction achieved from the newly constructed impervious areas be less than the Minimum RRv as calculated using the criteria in Section 4.3 of the Design Manual.

The remaining portion of the total WQv that cannot be reduced shall be treated by application of standard SMPs.

(iii) Channel Protection Volume (“Cpv”): Provide 24 hour extended detention of the post-developed 1-year, 24-hour storm event;

remaining after runoff reduction. The Cpv requirement does not apply when:

(1) Reduction of the entire Cpv is achieved by application of runoff reduction techniques or infiltration systems, or

(2) The site discharges directly to tidal waters, or fifth order or larger streams.

(iv) Overbank Flood Control Criteria (“Qp”): Requires storage to attenuate the post-development 10-year, 24-hour peak discharge rate (Qp) to predevelopment rates. The Qp requirement does not apply when:

(1) the site discharges directly to tidal waters or fifth order or larger streams, or

(2) A downstream analysis reveals that overbank control is not required.

(v) Extreme Flood Control Criteria (“Qf”): Requires storage to attenuate the post-development 100-year, 24-hour peak discharge rate (Qf) to predevelopment rates. The Qf requirement does not apply when:

(1) the site discharges directly to tidal waters or fifth order or larger streams, or

(2) A downstream analysis reveals that overbank control is not required.

b. Sizing Criteria for New Development in Enhanced Phosphorus

Removal Watershed

(i) Runoff Reduction Volume (RRv): Reduce the total Water Quality

Volume (WQv) by application of RR techniques and standard SMPs with RRv capacity. The total WQv is the runoff volume from the 1-year, 24 hour design storm over the post-developed watershed and shall be http:I.C.2.a.ii

(Part I.C.2.b.i) calculated in accordance with the criteria in Section 10.3 of the Design

Manual.

(ii) Minimum RRv and Treatment of Remaining Total WQv: Construction activities that cannot meet the criteria in Part I.C.2.b.(i) of this permit due to site limitations shall direct runoff from all newly constructed impervious areas to a RR technique or standard SMP with RRv capacity unless infeasible. The specific site limitations that prevent the reduction of 100% of the WQv shall be documented in the SWPPP.

For each impervious area that is not directed to a RR technique or standard SMP with RRv capacity, the SWPPP must include documentation which demonstrates that all options were considered and for each option explains why it is considered infeasible.

In no case shall the runoff reduction achieved from the newly constructed impervious areas be less than the Minimum RRv as calculated using the criteria in Section 10.3 of the Design Manual.

The remaining portion of the total WQv that cannot be reduced shall be treated by application of standard SMPs.

(iii) Channel Protection Volume (Cpv): Provide 24 hour extended detention of the post-developed 1-year, 24-hour storm event; remaining after runoff reduction. The Cpv requirement does not apply when:

(1) Reduction of the entire Cpv is achieved by application of runoff reduction techniques or infiltration systems, or

(2) The site discharges directly to tidal waters, or fifth order or larger streams.

(iv) Overbank Flood Control Criteria (Qp): Requires storage to attenuate the post-development 10-year, 24-hour peak discharge rate (Qp) to predevelopment rates. The Qp requirement does not apply when:

(1) the site discharges directly to tidal waters or fifth order or larger streams, or

(2) A downstream analysis reveals that overbank control is not required.

(v) Extreme Flood Control Criteria (Qf): Requires storage to attenuate the post-development 100-year, 24-hour peak discharge rate (Qf) to predevelopment rates. The Qf requirement does not apply when:

(1) the site discharges directly to tidal waters or fifth order or larger streams, or

(2) A downstream analysis reveals that overbank control is not required.

(Part I.C.2.c)

c. Sizing Criteria for Redevelopment Activity

(i) Water Quality Volume (WQv): The WQv treatment objective for redevelopment activity shall be addressed by one of the following options. Redevelopment activities located in an Enhanced Phosphorus

Removal Watershed (see Part III.B.3. and Appendix C of this permit) shall calculate the WQv in accordance with Section 10.3 of the Design

Manual. All other redevelopment activities shall calculate the WQv in accordance with Section 4.2 of the Design Manual.

(1) Reduce the existing impervious cover by a minimum of 25% of the total disturbed, impervious area. The Soil Restoration criteria in Section 5.1.6 of the Design Manual must be applied to all newly created pervious areas, or

(2) Capture and treat a minimum of 25% of the WQv from the disturbed, impervious area by the application of standard SMPs; or reduce 25% of the WQv from the disturbed, impervious area by the application of RR techniques or standard SMPs with RRv capacity., or

(3) Capture and treat a minimum of 75% of the WQv from the disturbed, impervious area as well as any additional runoff from tributary areas by application of the alternative practices discussed in Sections 9.3 and 9.4 of the Design Manual., or

(4) Application of a combination of 1, 2 and 3 above that provide a weighted average of at least two of the above methods. Application of this method shall be in accordance with the criteria in Section 9.2.1(B) (IV) of the Design Manual.

If there is an existing post-construction stormwater management practice located on the site that captures and treats runoff from the impervious area that is being disturbed, the WQv treatment option selected must, at a minimum, provide treatment equal to the treatment that was being provided by the existing practice(s) if that treatment is greater than the treatment required by options 1 – 4 above.

(ii) Channel Protection Volume (Cpv): Not required if there are no changes to hydrology that increase the discharge rate from the project site.

(iii) Overbank Flood Control Criteria (Qp): Not required if there are no changes to hydrology that increase the discharge rate from the project site.

(iv) Extreme Flood Control Criteria (Qf): Not required if there are no changes to hydrology that increase the discharge rate from the project site

(Part I.C.2.d)

d. Sizing Criteria for Combination of Redevelopment Activity and New

Development

Construction projects that include both New Development and Redevelopment

Activity shall provide post-construction stormwater management controls that meet the sizing criteria calculated as an aggregate of the Sizing Criteria in Part

I.C.2.a. or b. of this permit for the New Development portion of the project and

Part I.C.2.c of this permit for Redevelopment Activity portion of the project.

D. Maintaining Water Quality

The Department expects that compliance with the conditions of this permit will control discharges necessary to meet applicable water quality standards. It shall be a violation of the ECL for any discharge to either cause or contribute to a violation of water quality standards as contained in Parts 700 through 705 of Title 6 of the Official Compilation of

Codes, Rules and Regulations of the State of New York, such as:

1. There shall be no increase in turbidity that will cause a substantial visible contrast to natural conditions;

2. There shall be no increase in suspended, colloidal or settleable solids that will cause deposition or impair the waters for their best usages; and

3. There shall be no residue from oil and floating substances, nor visible oil film, nor globules of grease.

If there is evidence indicating that the stormwater discharges authorized by this permit are causing, have the reasonable potential to cause, or are contributing to a violation of the water quality standards; the owner or operator must take appropriate corrective action in accordance with Part IV.C.5. of this general permit and document in accordance with Part IV.C.4. of this general permit. To address the water quality standard violation the owner or operator may need to provide additional information, include and implement appropriate controls in the SWPPP to correct the problem, or obtain an individual SPDES permit.

If there is evidence indicating that despite compliance with the terms and conditions of this general permit it is demonstrated that the stormwater discharges authorized by this permit are causing or contributing to a violation of water quality standards, or if the Department determines that a modification of the permit is necessary to prevent a violation of water quality standards, the authorized discharges will no longer be eligible for coverage under this permit. The Department may require the owner or operator to obtain an individual SPDES permit to continue discharging.

(Part I.E)

E. Eligibility Under This General Permit

1. This permit may authorize all discharges of stormwater from construction activity to surface waters of the State and groundwaters except for ineligible discharges identified under subparagraph F. of this Part.

2. Except for non-stormwater discharges explicitly listed in the next paragraph, this permit only authorizes stormwater discharges; including stormwater runoff, snowmelt runoff, and surface runoff and drainage, from construction activities.

3. Notwithstanding paragraphs E.1 and E.2 above, the following non-stormwater discharges are authorized by this permit: those listed in 6 NYCRR 750-

1.2(a)(29)(vi), with the following exception: “Discharges from firefighting activities are authorized only when the firefighting activities are emergencies/unplanned”; waters to which other components have not been added that are used to control dust in accordance with the SWPPP; and uncontaminated discharges from construction site de-watering operations. All non-stormwater discharges must be identified in the SWPPP. Under all circumstances, the owner or operator must still comply with water quality standards in Part I.D of this permit.

4. The owner or operator must maintain permit eligibility to discharge under this permit. Any discharges that are not compliant with the eligibility conditions of this permit are not authorized by the permit and the owner or operator must either apply for a separate permit to cover those ineligible discharges or take steps necessary to make the discharge eligible for coverage.

F. Activities Which Are Ineligible for Coverage Under This General Permit

All of the following are not authorized by this permit:

1. Discharges after construction activities have been completed and the site has undergone final stabilization;

2. Discharges that are mixed with sources of non-stormwater other than those expressly authorized under subsection E.3. of this Part and identified in the

SWPPP required by this permit;

3. Discharges that are required to obtain an individual SPDES permit or another

SPDES general permit pursuant to Part VII.K. of this permit;

4. Construction activities or discharges from construction activities that may adversely affect an endangered or threatened species unless the owner or

(Part I.F.4) operator has obtained a permit issued pursuant to 6 NYCRR Part 182 for the project or the Department has issued a letter of non-jurisdiction for the project.

All documentation necessary to demonstrate eligibility shall be maintained on site in accordance with Part II.D.2 of this permit;

5. Discharges which either cause or contribute to a violation of water quality standards adopted pursuant to the ECL and its accompanying regulations;

6. Construction activities for residential, commercial and institutional projects:

a. Where the discharges from the construction activities are tributary to waters of the state classified as AA or AA-s; and

b. Which are undertaken on land with no existing impervious cover; and

c. Which disturb one (1) or more acres of land designated on the current

United States Department of Agriculture (“USDA”) Soil Survey as Soil

Slope Phase “D”, (provided the map unit name is inclusive of slopes greater than 25%), or Soil Slope Phase “E” or “F” (regardless of the map unit name), or a combination of the three designations.

7. Construction activities for linear transportation projects and linear utility projects:

a. Where the discharges from the construction activities are tributary to waters of the state classified as AA or AA-s; and

b. Which are undertaken on land with no existing impervious cover; and

c. Which disturb two (2) or more acres of land designated on the current USDA

Soil Survey as Soil Slope Phase “D” (provided the map unit name is inclusive of slopes greater than 25%), or Soil Slope Phase “E” or “F” (regardless of the map unit name), or a combination of the three designations.

(Part I.F.8)

8. Construction activities that have the potential to affect an historic property, unless there is documentation that such impacts have been resolved. The following documentation necessary to demonstrate eligibility with this requirement shall be maintained on site in accordance with Part II.D.2 of this permit and made available to the Department in accordance with Part VII.F of this permit:

a. Documentation that the construction activity is not within an archeologically sensitive area indicated on the sensitivity map, and that the construction activity is not located on or immediately adjacent to a property listed or determined to be eligible for listing on the National or State Registers of

Historic Places, and that there is no new permanent building on the construction site within the following distances from a building, structure, or object that is more than 50 years old, or if there is such a new permanent building on the construction site within those parameters that NYS Office of

Parks, Recreation and Historic Preservation (OPRHP), a Historic

Preservation Commission of a Certified Local Government, or a qualified preservation professional has determined that the building, structure, or object more than 50 years old is not historically/archeologically significant.

▪ 1-5 acres of disturbance - 20 feet

▪ 5-20 acres of disturbance - 50 feet

▪ 20+ acres of disturbance - 100 feet, or

b. DEC consultation form sent to OPRHP, and copied to the NYS DEC Agency

Historic Preservation Officer (APO), and

(i) the State Environmental Quality Review (SEQR) Environmental

Assessment Form (EAF) with a negative declaration or the Findings

Statement, with documentation of OPRHP’s agreement with the resolution; or

(ii) documentation from OPRHP that the construction activity will result in

No Impact; or

(iii) documentation from OPRHP providing a determination of No Adverse

Impact; or

(iv) a Letter of Resolution signed by the owner/operator, OPRHP and the

DEC APO which allows for this construction activity to be eligible for coverage under the general permit in terms of the State Historic

Preservation Act (SHPA); or

c. Documentation of satisfactory compliance with Section 106 of the National

Historic Preservation Act for a coterminous project area:

(Part I.F.8.c)

(i) No Affect

(ii) No Adverse Affect

(iii) Executed Memorandum of Agreement, or

d. Documentation that:

(i) SHPA Section 14.09 has been completed by NYS DEC or another state agency.

9. Discharges from construction activities that are subject to an existing SPDES individual or general permit where a SPDES permit for construction activity has been terminated or denied; or where the owner or operator has failed to renew an expired individual permit.

Part II. PERMIT COVERAGE

A. How to Obtain Coverage

1. An owner or operator of a construction activity that is not subject to the requirements of a regulated, traditional land use control MS4 must first prepare a SWPPP in accordance with all applicable requirements of this permit and then submit a completed Notice of Intent (NOI) to the Department to be authorized to discharge under this permit.

2. An owner or operator of a construction activity that is subject to the requirements of a regulated, traditional land use control MS4 must first prepare a SWPPP in accordance with all applicable requirements of this permit and then have the SWPPP reviewed and accepted by the regulated, traditional land use control MS4 prior to submitting the NOI to the Department. The owner or operator shall have the “MS4 SWPPP Acceptance” form signed in accordance with Part VII.H., and then submit that form along with a completed NOI to the

Department.

3. The requirement for an owner or operator to have its SWPPP reviewed and accepted by the regulated, traditional land use control MS4 prior to submitting the NOI to the Department does not apply to an owner or operator that is obtaining permit coverage in accordance with the requirements in Part II.F.

(Change of Owner or Operator) or where the owner or operator of the construction activity is the regulated, traditional land use control MS4 . This exemption does not apply to construction activities subject to the New York City Administrative Code.

(Part II.B)

B. Notice of Intent (NOI) Submittal

1. Prior to December 21, 2020, an owner or operator shall use either the electronic (eNOI) or paper version of the NOI that the Department prepared.

Both versions of the NOI are located on the Department’s website (http://www.dec.ny.gov/ ). The paper version of the NOI shall be signed in accordance with Part VII.H. of this permit and submitted to the following address:

NOTICE OF INTENT

NYS DEC, Bureau of Water Permits 625 Broadway, 4th Floor Albany, New York 12233-3505

2. Beginning December 21, 2020 and in accordance with EPA’s 2015 NPDES Electronic Reporting Rule (40 CFR Part 127), the owner or operator must submit the NOI electronically using the Department’s online NOI.

3. The owner or operator shall have the SWPPP preparer sign the “SWPPP Preparer Certification” statement on the NOI prior to submitting the form to the Department.

4. As of the date the NOI is submitted to the Department, the owner or operator shall make the NOI and SWPPP available for review and copying in accordance with the requirements in Part VII.F. of this permit.

C. Permit Authorization

1. An owner or operator shall not commence construction activity until their authorization to discharge under this permit goes into effect.

2. Authorization to discharge under this permit will be effective when the owner or operator has satisfied all of the following criteria:

a. project review pursuant to the State Environmental Quality Review Act

(“SEQRA”) have been satisfied, when SEQRA is applicable. See the

Department’s website (http://www.dec.ny.gov/) for more information,

b. where required, all necessary Department permits subject to the Uniform

Procedures Act (“UPA”) (see 6 NYCRR Part 621), or the equivalent from another New York State agency, have been obtained, unless otherwise notified by the Department pursuant to 6 NYCRR 621.3(a)(4). Owners or operators of construction activities that are required to obtain UPA permits http://www.dec.ny.gov/ http://www.dec.ny.gov/

(Part II.C.2.b) must submit a preliminary SWPPP to the appropriate DEC Permit

Administrator at the Regional Office listed in Appendix F at the time all other necessary UPA permit applications are submitted. The preliminary SWPPP must include sufficient information to demonstrate that the construction activity qualifies for authorization under this permit,

c. the final SWPPP has been prepared, and

d. a complete NOI has been submitted to the Department in accordance with the requirements of this permit.

3. An owner or operator that has satisfied the requirements of Part II.C.2 above will be authorized to discharge stormwater from their construction activity in accordance with the following schedule:

a. For construction activities that are not subject to the requirements of a regulated, traditional land use control MS4:

(i) Five (5) business days from the date the Department receives a complete electronic version of the NOI (eNOI) for construction activities with a SWPPP that has been prepared in conformance with the design criteria in the technical standard referenced in Part III.B.1 and the performance criteria in the technical standard referenced in Parts III.B., 2 or 3, for construction activities that require post-construction stormwater management practices pursuant to Part III.C.; or

(ii) Sixty (60) business days from the date the Department receives a complete NOI (electronic or paper version) for construction activities with a SWPPP that has not been prepared in conformance with the design criteria in technical standard referenced in Part III.B.1. or, for construction activities that require post-construction stormwater management practices pursuant to Part III.C., the performance criteria in the technical standard referenced in Parts III.B., 2 or 3, or;

(iii) Ten (10) business days from the date the Department receives a complete paper version of the NOI for construction activities with a

SWPPP that has been prepared in conformance with the design criteria in the technical standard referenced in Part III.B.1 and the performance criteria in the technical standard referenced in Parts III.B., 2 or 3, for construction activities that require post-construction stormwater management practices pursuant to Part III.C.

(Part II.C.3.b)

b. For construction activities that are subject to the requirements of a regulated, traditional land use control MS4:

(i) Five (5) business days from the date the Department receives both a complete electronic version of the NOI (eNOI) and signed “MS4

SWPPP Acceptance” form, or

(ii) Ten (10) business days from the date the Department receives both a complete paper version of the NOI and signed “MS4 SWPPP Acceptance” form.

4. Coverage under this permit authorizes stormwater discharges from only those areas of disturbance that are identified in the NOI. If an owner or operator wishes to have stormwater discharges from future or additional areas of disturbance authorized, they must submit a new NOI that addresses that phase of the development, unless otherwise notified by the Department. The owner or operator shall not commence construction activity on the future or additional areas until their authorization to discharge under this permit goes into effect in accordance with Part II.C. of this permit.

D. General Requirements For Owners or Operators With Permit Coverage

1. The owner or operator shall ensure that the provisions of the SWPPP are implemented from the commencement of construction activity until all areas of disturbance have achieved final stabilization and the Notice of Termination

(“NOT”) has been submitted to the Department in accordance with Part V. of this permit. This includes any changes made to the SWPPP pursuant to Part

III.A.4. of this permit.

2. The owner or operator shall maintain a copy of the General Permit (GP-0-20-

001), NOI, NOI Acknowledgment Letter, SWPPP, MS4 SWPPP Acceptance form, inspection reports, responsible contractor’s or subcontractor’s certification statement (see Part III.A.6.), and all documentation necessary to demonstrate eligibility with this permit at the construction site until all disturbed areas have achieved final stabilization and the NOT has been submitted to the Department.

The documents must be maintained in a secure location, such as a job trailer, on-site construction office, or mailbox with lock. The secure location must be accessible during normal business hours to an individual performing a compliance inspection.

3. The owner or operator of a construction activity shall not disturb greater than five (5) acres of soil at any one time without prior written authorization from the Department or, in areas under the jurisdiction of a regulated, traditional land

(Part II.D.3) use control MS4, the regulated, traditional land use control MS4 (provided the regulated, traditional land use control MS4 is not the owner or operator of the construction activity). At a minimum, the owner or operator must comply with the following requirements in order to be authorized to disturb greater than five

(5) acres of soil at any one time:

a. The owner or operator shall have a qualified inspector conduct at least two

(2) site inspections in accordance with Part IV.C. of this permit every seven

(7) calendar days, for as long as greater than five (5) acres of soil remain disturbed. The two (2) inspections shall be separated by a minimum of two

(2) full calendar days.

b. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven (7) days from the date the current soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance with the technical standard, New York State Standards and Specifications for Erosion and Sediment

Control, dated November 2016.

c. The owner or operator shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills.

d. The owner or operator shall install any additional site-specific practices needed to protect water quality.

e. The owner or operator shall include the requirements above in their

SWPPP.

4. In accordance with statute, regulations, and the terms and conditions of this permit, the Department may suspend or revoke an owner’s or operator’s coverage under this permit at any time if the Department determines that the

SWPPP does not meet the permit requirements or consistent with Part VII.K..

5. Upon a finding of significant non-compliance with the practices described in the

SWPPP or violation of this permit, the Department may order an immediate stop to all activity at the site until the non-compliance is remedied. The stop work order shall be in writing, describe the non-compliance in detail, and be sent to the owner or operator.

6. For construction activities that are subject to the requirements of a regulated, traditional land use control MS4, the owner or operator shall notify the

(Part II.D.6) regulated, traditional land use control MS4 in writing of any planned amendments or modifications to the post-construction stormwater management practice component of the SWPPP required by Part III.A. 4. and 5. of this permit. Unless otherwise notified by the regulated, traditional land use control MS4, the owner or operator shall have the SWPPP amendments or modifications reviewed and accepted by the regulated, traditional land use control MS4 prior to commencing construction of the post-construction stormwater management practice.

E. Permit Coverage for Discharges Authorized Under GP-0-15-002

1. Upon renewal of SPDES General Permit for Stormwater Discharges from

Construction Activity (Permit No. GP-0-15-002), an owner or operator of a construction activity with coverage under GP-0-15-002, as of the effective date of GP- 0-20-001, shall be authorized to discharge in accordance with GP- 0-20-

001, unless otherwise notified by the Department.

An owner or operator may continue to implement the technical/design components of the post-construction stormwater management controls provided that such design was done in conformance with the technical standards in place at the time of initial project authorization. However, they must comply with the other, non-design provisions of GP-0-20-001.

F. Change of Owner or Operator

1. When property ownership changes or when there is a change in operational control over the construction plans and specifications, the original owner or operator must notify the new owner or operator, in writing, of the requirement to obtain permit coverage by submitting a NOI with the Department. For construction activities subject to the requirements of a regulated, traditional land use control MS4, the original owner or operator must also notify the MS4, in writing, of the change in ownership at least 30 calendar days prior to the change in ownership.

2. Once the new owner or operator obtains permit coverage, the original owner or operator shall then submit a completed NOT with the name and permit identification number of the new owner or operator to the Department at the address in Part II.B.1. of this permit. If the original owner or operator maintains ownership of a portion of the construction activity and will disturb soil, they must maintain their coverage under the permit.

3. Permit coverage for the new owner or operator will be effective as of the date the Department receives a complete NOI, provided the original owner or

(Part II.F.3) operator was not subject to a sixty (60) business day authorization period that has not expired as of the date the Department receives the NOI from the new owner or operator.

Part III. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A. General SWPPP Requirements

1. A SWPPP shall be prepared and implemented by the owner or operator of each construction activity covered by this permit. The SWPPP must document the selection, design, installation, implementation and maintenance of the control measures and practices that will be used to meet the effluent limitations in Part I.B. of this permit and where applicable, the post-construction stormwater management practice requirements in Part I.C. of this permit. The

SWPPP shall be prepared prior to the submittal of the NOI. The NOI shall be submitted to the Department prior to the commencement of construction activity. A copy of the completed, final NOI shall be included in the SWPPP.

2. The SWPPP shall describe the erosion and sediment control practices and where required, post-construction stormwater management practices that will be used and/or constructed to reduce the pollutants in stormwater discharges and to assure compliance with the terms and conditions of this permit. In addition, the SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges.

3. All SWPPPs that require the post-construction stormwater management practice component shall be prepared by a qualified professional that is knowledgeable in the principles and practices of stormwater management and treatment.

4. The owner or operator must keep the SWPPP current so that it at all times accurately documents the erosion and sediment controls practices that are being used or will be used during construction, and all post-construction stormwater management practices that will be constructed on the site. At a minimum, the owner or operator shall amend the SWPPP, including construction drawings:

a. whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site;

(Part III.A.4.b)

b. whenever there is a change in design, construction, or operation at the construction site that has or could have an effect on the discharge of pollutants;

c. to address issues or deficiencies identified during an inspection by the qualified inspector, the Department or other regulatory authority; and

d. to document the final construction conditions.

5. The Department may notify the owner or operator at any time that the SWPPP does not meet one or more of the minimum requirements of this permit. The notification shall be in writing and identify the provisions of the SWPPP that require modification. Within fourteen (14) calendar days of such notification, or as otherwise indicated by the Department, the owner or operator shall make the required changes to the SWPPP and submit written notification to the

Department that the changes have been made. If the owner or operator does not respond to the Department’s comments in the specified time frame, the

Department may suspend the owner’s or operator’s coverage under this permit or require the owner or operator to obtain coverage under an individual SPDES permit in accordance with Part II.D.4. of this permit.

6. Prior to the commencement of construction activity, the owner or operator must identify the contractor(s) and subcontractor(s) that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP; and the contractor(s) and subcontractor(s) that will be responsible for constructing the post-construction stormwater management practices included in the SWPPP.

The owner or operator shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person shall be known as the trained contractor. The owner or operator shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed.

The owner or operator shall have each of the contractors and subcontractors identified above sign a copy of the following certification statement below before they commence any construction activity:

"I hereby certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with

(Part III.A.6) the terms and conditions of the most current version of the New York State

Pollutant Discharge Elimination System ("SPDES") general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards.

Furthermore, I am aware that there are significant penalties for submitting false information, that I do not believe to be true, including the possibility of fine and imprisonment for knowing violations"

In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The owner or operator shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above.

7. For projects where the Department requests a copy of the SWPPP or inspection reports, the owner or operator shall submit the documents in both electronic (PDF only) and paper format within five (5) business days, unless otherwise notified by the Department.

B. Required SWPPP Contents

1. Erosion and sediment control component - All SWPPPs prepared pursuant to this permit shall include erosion and sediment control practices designed in conformance with the technical standard, New York State Standards and

Specifications for Erosion and Sediment Control, dated November 2016. Where erosion and sediment control practices are not designed in conformance with the design criteria included in the technical standard, the owner or operator must demonstrate equivalence to the technical standard. At a minimum, the erosion and sediment control component of the SWPPP shall include the following:

a. Background information about the scope of the project, including the location, type and size of project

(Part III.B.1.b)

b. A site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map shall show the total site area; all improvements; areas of disturbance; areas that will not be disturbed;

existing vegetation; on-site and adjacent off-site surface water(s);

floodplain/floodway boundaries; wetlands and drainage patterns that could be affected by the construction activity; existing and final contours ;

locations of different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of the stormwater discharge(s);

c. A description of the soil(s) present at the site, including an identification of the Hydrologic Soil Group (HSG);

d. A construction phasing plan and sequence of operations describing the intended order of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance;

e. A description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented;

f. A temporary and permanent soil stabilization plan that meets the requirements of this general permit and the technical standard, New York

State Standards and Specifications for Erosion and Sediment Control, dated

November 2016, for each stage of the project, including initial land clearing and grubbing to project…