APPENDIX_C_-_NYSDEC_SPDES_GENERAL_PERMIT_FOR_STORMWATER_INDUSTRIAL.PDF

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

SPDES MULTI-SECTOR GENERAL PERMIT

FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY

Permit No. GP-0-12-001

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

Effective Date: Expiration Date:

October 1, 2012 September 30, 2017

Authorized Signature:

Date: September 28, 2012

John Ferguson, Chief Permit Administrator NYS Department of Environmental Conservation Division of Environmental Permits 625 Broadway Albany, NY 12233-1750

PREFACE

The Clean Water Act (CWA)1 provides that stormwater discharges associated with industrial activity from a point source2 (including discharges through a municipal separate storm sewer system) to waters of the United States are unlawful, unless authorized by a National

Pollutant Discharge Elimination System (NPDES) permit. In New York, EPA has approved the State program which is enacted through the administration of the State Pollutant Discharge Elimination System (SPDES) program.

A discharger who is subject to the stormwater SPDES regulations may be eligible to obtain coverage under a general permit by submitting a Notice of Intent (NOI) form to the address provided on the form. Blank NOI forms are available by calling (518) 402-8111 or can be downloaded from the NYSDEC website at:.

http://www.dec.ny.gov/docs/water_pdf/gpnoit.pdf.

Background

The version of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity identified as GP-0-06-002 expired on March 27, 2012. The Department elected to reissue the MSGP without changes as GP-0-11-009 which became effective March 28, 2012 and will expire on September 30, 2012. For discharges covered under GP-0-06-002, coverage was automatically continued under GP-0-11-009.

Facilities covered under GP-0-11-009 and all new dischargers may seek coverage under this permit by submitting a Notice of Intent as set forth in Part I of this permit.

Please be sure to review and understand the requirements that apply to your facility. This permit includes general requirements applicable to all facilities with permit coverage (Parts I through VII) and industry specific requirements in Part VIII which address 31 different industrial activities.

Coverage under this general permit is available effective October 1, 2012 and will expire on September 30, 2017.

1 Also known as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972 (Pub.L.

92-500, as amended Pub. L. 92-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq.)

2 "Point Source" means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. The State’s interpretation of “point source” is consistent with the Environmental Protection Agency’s response to comments published with the final stormwater rule promulgated in the Federal Register Volume 55/No. 222, November 1, 1990, which states that point source discharges of stormwater result from structures which increase imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting or grading patterms.

http://www.dec.ny.gov/docs/water_pdf/gpnoit.pdf

SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity except Construction Activity

Table of Contents

Part I. COVERAGE UNDER THIS PERMIT

A. Permit Area B. Permit Conditions & Limitations C. Eligibility D. Activities Which are Ineligible for Coverage under this General Permit E. How to Obtain Authorization Under this Permit F. Deadlines for Notification G. Conditional Exclusion for No Exposure

Part II. SPECIAL CONDITIONS

A. New Stormwater Discharges B. Releases of Hazardous Substances or Petroleum C. Impaired Waters (303(d) and TMDL)

Part III. STORMWATER POLLUTION PREVENTION PLANS

A. Stormwater Pollution Prevention Plan Requirements B. Deadlines for Preparation and Compliance C. Contents of the SWPPP D. Signature and Stormwater Pollution Prevention Plan Availability E. Keeping SWPPPs Current F. Special Stormwater Pollution Prevention Plan Requirements

Part IV. MONITORING, REPORTING AND RETENTION OF RECORDS

A. Comprehensive Site Compliance Inspection & Evaluation B. Monitoring Requirments C. Reporting Monitoring Results and Annual Certification Reporting D. Monitoring Reporting Submission Deadlines E. Retention of Monitoring Records

Part V. STANDARD PERMIT CONDITIONS

A. Duty to Comply B. Continuation of the Expired General Permit C. Penalties for Violations of Permit Conditions 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. Penalties for Falsification of Reports J. Penalties for Falsification of Monitoring Systems

K. Oil and Hazardous Substance Liability L. Property Rights M. Severability N. Requiring an Individual Permit or an Alternative General Permit O. State/Environmental Laws P. Proper Operation and Maintenance Q. Inspection and Entry R. Permit Actions S. Definitions

Part VI. REOPENER CLAUSE

Part VII. TERMINATION OR TRANSFER OF COVERAGE

A. Notice of Termination (NOT) Form B. Addresses

PART VIII. SECTOR SPECIFIC PERMIT REQUIREMENTS

Sector A - Timber Products Sector B – Paper and Allied Products Manufacturing Sector C – Chemical and Allied Products Manufacturing Sector D – Asphalt Paving & Roofing Materials & Lubricant Manufacturers Sector E – Glass, Clay, Cement, Concrete and Gypsum Products Sector G – Metal Mining (Ore Mining & Dressing) Sector I – Oil and Gas Extraction and Refining Sector J – Mineral Mining & Dressing Sector K - Hazardous Waste Treatment, Storage, or Disposal Facilities Sector L – Landfills, Land Application Sites and Non-Compliant Landfills Sector M – Automobile Salvage Yards Sector N – Scrap Recycling & Waste Recycling Facilities Sector O – Steam Electric Generating Stations Sector P – Land Transportation and/or Warehousing Sector Q – Water Transportation Sector R – Ship & Boat Building or Repair Yards Sector S – Air Transportation Sector T – Treatment Works Sector U – Food & Kindred Products Sector V – Textile Mills, Apparel & Other Fabric Products Sector W – Furniture & Fixtures Sector X – Printing & Publishing Sector Y- Rubber, Plastics & Miscellaneous Manufacturing Industries Sector Z – Leather Tanning and Finishing Sector AA – Fabricated Metal Products Sector AB – Transportation Equipment, Industrial & Commercial Machinery Sector AC – Electronic, Electrical Equipment and Components, Photographic and Optical Goods Sector AD – Non Classified Facilities/Stormwater Discharges Designated by Department as Requiring Permit Coverage Sector AE – Department of Public Works and Highway Maintenance Facilities (Non Classified Facilities/Stormwater Discharges Designated by Department as Requiring Permit Coverage)

APPENDIX A – Definitions and Acronyms

APPENDIX B - Sectors of Industrial Activity Covered by this Permit

APPENDIX C – Sectors Subject to Benchmark Monitoring Requirements

APPENDIX D - Industrial Activities Subject to Effluent Limitation Guidelines (Compliance Monitoring Requirements)

APPENDIX E - Additional Information for New Discharges

APPENDIX F - List of DEC Regional Offices

APPENDIX G – Pollutant(s) of Concern for Impaired Waterbodies Reference Table

Part I to Part I.B.1.a.

Part I. COVERAGE UNDER THIS PERMIT

A. Permit Area

This permit is intended to provide SPDES Permit coverage to facilities with stormwater discharges3 to surface waters of the State4 from a point source or outlet5 that conduct industrial activities identified within 40 CFR Part 122.26(b)(14)(i) through (ix) and (xi), as well as other miscellaneous industrial activities designated by the Department on a case by case basis. This Permit covers all areas of New York State where New York State implements Section 402 of the CWA. Except as in compliance with this general permit or with a duly authorized individual permit from DEC, stormwater "discharges associated with industrial activity"6 by any person shall be unlawful.

B. Permit Conditions & Limitations

1. Control Measures and Effluent Limits - In the technology-based limits included below and in Part VIII, the term “minimize”means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practice.

a. Control Measures - The owner or operator must select, design, install, and implement control measures (including best management practices) to address the selection and design considerations in Part I.B.1.a.1, meet the non-numeric effluent limits in Part I.B.1.a.2, and meet limits contained in applicable effluent limitations guidelines in Part I.B.1.a.3. The selection, design, installation, and implementation of these control measures must be in accordance with good engineering practices and manufacturer’s specifications. Note that the owner or operator may deviate from such manufacturer’s specifications provided that a justification for such deviation is documented in the part of SWPPP that describes the control measures, 3 A "discharge associated with industrial activity" covered under this general permit, includes those defined in 40 CFR Section 122.26(b)(14)(i) through (ix) and (xi).

4 For the purpose of this permit, Surface Waters of the State includes both Surface Waters of the State and Waters of the United States as defined in Appendix A.

5 “Outlet means outfall” 6 NYCRR 750-1.2(a)(59) “Outfall means the terminus of a sewer system, or the point of emergence of any waterborne sewage, industrial waste or other wastes or the effluent therefrom, into the waters of the State.” 6 NYCRR 750- 1.2(a)(58)

6 “It shall be unlawful for any person, until a written SPDES permit therefor has been granted by the commissioner, or by his designated representative, and unless such permit remains in full force and effect, to: a. Make or cause to make or use any outlet or point source for the discharge of sewage, industrial waste or other wastes or the effluent therefrom, into the waters of this state;” ECL §17-0701(1).

Continue Part I.B.1.a. to Part I.B.1.a.(2).(a).

consistent with Part III.C.7. If the owner or operator finds that the control measures are not achieving their intended effect of minimizing pollutant discharges, the owner or operator must modify these control measures as expeditiously as practicable. Regulated stormwater discharges from the facility include stormwater run-on that commingles with stormwater discharges associated with industrial activity at the facility.

(1) Control Measure Selection and Design Considerations - The owner or operator must consider the following when selecting and designing control measures:

• preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater;

• using control measures in combination is more effective than using control measures in isolation for minimizing pollutants in stormwater discharges;

• assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures that will achieve the limits in this permit;

• minimizing impervious areas at the facility and infiltrating runoff onsite (including bioretention cells, green roofs, and pervious pavement, among other approaches) can reduce runoff and improve groundwater recharge and stream base flows in local streams, although care must be taken to avoid ground water contamination; attenuating flow using open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;

• conserving and/or restoring of riparian buffers will help protect streams from stormwater runoff and improve water quality; and,

• using treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.

(2) Non Numeric Technology Based Effluent Limits (BPT/BAT/BCT)

(a) Minimize Exposure - The owner or operator must minimize the exposure of manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling operations) to rain, snow, snowmelt, and runoff. In minimizing exposure, the owner or operator should pay particular attention to the following:

• locate industrial materials and activities inside or protect them with storm resistant coverings (although significant enlargement of impervious surface area is not recommended);

Continue Part I.B.1.a.(2).(a). to Part I.B.1.a.(2).(c).

• use grading, berming, or curbing to prevent runoff of contaminated flows and divert run-on away from these areas;

• locate materials, equipment, and activities so that leaks are contained in existing containment and diversion systems (confine the storage of leaky or leak-prone vehicles and equipment awaiting maintenance to protected areas);

• clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the discharge of pollutants;

• use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible;

• use spill/overflow protection equipment;

• drain fluids from equipment and vehicles prior to on-site storage or disposal;

• perform all cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on and also that capture any overspray; and ensure that all washwater drains to a proper collection system (i.e., not the stormwater drainage system).

• Minimize exposure of chemicals by replacing with a less toxic alternative

The discharge of vehicle and equipment washwater, including tank cleaning operations, is not authorized by this permit. These wastewaters must be covered under a separate SPDES permit, discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, or disposed of otherwise in accordance with applicable law.

(b) Good Housekeeping - The owner or operator must keep clean all exposed areas that are potential sources of pollutants, using such measures as sweeping at regular intervals, keeping materials orderly and labeled, and storing materials in appropriate containers.

(c) Maintenance - The owner or operator must regularly inspect, test, maintain, and repair all industrial equipment and systems to avoid situations that may result in leaks, spills, and other releases of pollutants in stormwater discharged to surface waters of the state.

All control measures that are used to achieve the effluent limits required by this permit must be maintained in effective operating condition. Nonstructural control measures must also be diligently maintained (e.g., spill response supplies available, personnel appropriately trained). If inspection indicate that control measures

Continue Part I.B.1.a.(2).(c). to Part I.B.1.a.(2).(f).

need to be replaced or repaired, the necessary repairs or modifications shall be made as expeditiously as practicable

(d) Spill Prevention and Response Procedures - The owner or operator must minimize the potential for leaks, spills and other releases that may be exposed to stormwater and develop plans for effective response to such spills if or when they occur. At a minimum, The owner or operator must implement:

• Procedures for plainly labeling containers (e.g., “Used Oil,”

“Spent Solvents,” “Fertilizers and Pesticides,” etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur;

• Preventative measures such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling;

• Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. Employees who may cause, detect, or respond to a spill or leak must be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals should be a member of the stormwater pollution prevention team (see Part III.C.1); and,

• Procedures for notification of the appropriate facility personnel, emergency response agencies, and regulatory agencies. Any spills must be reported in accordance with 6 NYCRR Part 750-2.7

(e) Erosion and Sediment Controls - The owner or operator must stabilize exposed areas and control runoff using structural and/or non-structural control measures to minimize onsite erosion and sedimentation, and the resulting discharge of pollutants. Among other actions taken to meet this limit, flow velocity dissipation devices must be placed at discharge locations and within Outfall channels where necessary to reduce erosion and/or settle out pollutants. Controls must be in accordance with the New York State Standards & Specification for Erosion & Sediment Control (2005), or equivalent.

(f) Management of Runoff - The owner or operator must divert, infiltrate, reuse, contain, or otherwise reduce stormwater runoff, to minimize pollutants in the discharges.

Continue Part I.B.1.a.(2).(g). to Part I.B.1.a.(3).

(g) Salt Storage Piles or Piles Containing Salt - The owner or operator must enclose or cover storage piles of salt, or piles containing salt, used for deicing or other commercial or industrial purposes, including maintenance of paved surfaces. The owner or operator must implement appropriate measures (e.g., good housekeeping, diversions, containment) to minimize exposure resulting from adding to or removing materials from the pile. Piles do not need to be enclosed or covered if stormwater runoff from the piles is not discharged or if discharges from the piles are authorized under another SPDES permit.

(h) Sector Specific Non-Numeric Effluent Limits - The owner or operator must achieve any additional non-numeric limits stipulated in the relevant sector-specific section(s) of Part VIII.

(i) The owner or operator must train all employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to meet the conditions of this permit (e.g., inspectors, maintenance personnel), including all members of the Pollution Prevention Team.

Training must cover both the specific control measures used to achieve the effluent limits in this Part, and monitoring, inspection, planning, reporting, and documentation requirements in other parts of this permit. Training shall be conducted at least annually (or more often if employee turnover is high).

(j) Non-Stormwater Discharges - The owner or operator must eliminate non-stormwater discharges not authorized by a SPDES permit. See Part I.C.3 for a list of non-stormwater discharges authorized by this permit.

(k) Waste, Garbage and Floatable Debris - The owner or operator must ensure that waste, garbage, and floatable debris are not discharged to surface waters of the state by keeping exposed areas free of such materials or by intercepting them before they are discharged.

(l) Dust Generation and Vehicle Tracking of Industrial Materials - The owner or operator must minimize generation of dust and off-site tracking of raw, final, or waste materials

(3) Numeric Effluent Limitations based on effluent limitations guidelines.

The owner or operators of facilities listed in an industrial category subject to one or more of the effluent limitations guidelines identified in Appendix D, must meet the effluent limits specified in the referenced Sector in Part

VIII.

Part I.B.2. to Part I.C.

2. Maintaining Water Quality Standards - The Department expects that compliance with the other conditions of this permit will control discharges necessary to meet applicable water quality standards. It shall be a violation of the Environmental Conservation Law (ECL) for any discharge authorized by this general permit to either cause or contribute to a violation of water quality standards as contained in Parts 700-705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, including, but not limited to:

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

b. There shall be no suspended, colloidal and settleable solids from sewage, industrial wastes or other wastes that will cause deposition or impair the waters for their best usages; and

c. There shall be no residue from oil and floating substances attributable to sewage, industrial wastes or other wastes, nor visible oil film nor globules of grease.

3. 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 an excursion above an applicable water quality standard, the owner or operator must take appropriate corrective action and notify the Department of corrective actions taken. The Department may require the owner or operator to conduct follow-up monitoring or provide additional information, may require the owner or operator to include and implement appropriate controls in the SWPPP to correct the problem, may require the owner or operator to obtain an individual permit and/or may take appropriate enforcement action.

4. If there is evidence indicating that despite compliance with the terms and conditions of this 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 SPDES individual permit to continue discharging.

C. Eligibility

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.

Continue Part I.C.1.to Part I.C.1.c

1. Facilities Covered - Permit eligibility is limited to the discharge of stormwater associated with industrial activities consistent with the definitions in 40 CFR 122.26(b)(14)(i-ix and xi), which identifies categories of industrial activity consistent with Standard Industrial Classification (SIC) codes; industrial activity codes; narrative descriptions; or non-classified discharges covered under sectors AD and AE of this general permit which have been designated by the Department (via written notification) as needing a stormwater permit and determined to be suitable for coverage under this permit. These industrial activities have been organized into specific industrial sectors A through AE in Part VIII. Reference to "sectors" in this permit (e.g., sector specific monitoring requirements, etc.) refer to these sectors.

a. Co-located industrial activity - If more than one industrial activity occurs at the facility, those industrial activities are considered to be co-located.

Stormwater discharges from co-located industrial activities are authorized by this permit, provided that the owner or operator complies with any and all additional sector specific requirements from Part VIII applicable to each industrial activity at the facility. A facility with a primary industrial activity that is required to obtain coverage under MSGP is also required to comply with requirements that apply to other activities at the facility if those additional activities would require coverage if considered on their own. If more than one activity listed in Appendix B is being performed at a facility, all SIC codes must be included in the NOI submitted to the Department to gain or renew coverage under MSGP. There are specific monitoring and SWPPP requirements associated with each industrial sector.

Owners/operatators must comply with all requirements related to each activity.

b. Industrial sector determination - If a owner or operator can provide adequate justification to the Department, and the Department agrees, the owner or operator may utilize another industrial sector which better reflects the industrial activities occurring at the facility than the industrial sector associated with the facility’s SIC code. The Department reserves its right to classify such facilities in Sector AD instead.

c. Municipally owned facilities - An industrial facility that is owned and operated by a municipality covered by the Phase II Municipal Separate Storm Sewer (MS4) General Permit may not need coverage under a separate MSGP permit provided that the Phase II MS4 includes the facility in the MS4’s Stormwater Management Program Plan, implements the plan in accordance with the MS4 General Permit and completes all the applicable monitoring and reporting requirements specified in the MSGP for facilities that would otherwise be subject to this permit.

Continue Part I.C.2.to Part I.C.3.f

2. Discharges Covered - Subject to compliance with terms and conditions of this permit, the following stormwater discharges are authorized:

a. Stormwater associated with industrial activity to surface waters of the State, except ineligible stormwater discharges identified under Part I.D or under the sector specific requirements of Part VIII;

b. Stormwater discharges associated with industrial activity that are mixed with stormwater discharges authorized under a different SPDES general permit or an individual SPDES permit provided that all discharges are in compliance with the terms and conditions of the various permits;

c. Stormwater discharges associated with industrial activity which are authorized by this permit may be combined with other sources of stormwater which are not classified as associated with industrial activity pursuant to 40 CFR 122.26(b)(14), provided that the discharge is in compliance with this permit and the discharges have not been designated by the Department as requiring an individual SPDES Permit;

d. Discharge subject to effluent guidelines listed in Table IV-1 or Appendix D that also meet all other eligibility requirements of the permit;

e. Discharges designated by the Department as needing a stormwater permit and determined to be suitable for coverage under sectors AD & AE of this general permit; and

f. Non-stormwater discharges explicitly listed in Part I.C.3.

3. Non-Stormwater Discharges - The following non-stormwater discharges may be authorized by this permit provided that the SWPPP contains the documentation specified in Part III.C.7.f.2:

a. Discharges from fire fighting activities;

b. Fire hydrant flushings;

c. Potable water sources including waterline flushings;

d. Uncontaminated air conditioning or compressor condensate, and other uncontaminated condensate such as condensate from the surface of pressurized gas cylinders stored outside;

e. Irrigation drainage;

f. Landscape watering provided that all pesticides7 and fertilizers have been applied in accordance with manufacturer’s instructions;

7 All pesticide, herbicide and fungicide products used at the facility must be registered with New York State and applied in accordance with the label directions. Any use contrary to the legal label is considered a violation of Federal and State Pesticide Law. Certification of pesticide applicators may be required. http://www.dec.ny.gov/permits/209.html

Part I.C.3.g. to Part I.D.6.

g. Routine external building washdown which does not use detergents

h. Uncontaminated ground water or spring water;

i. Foundation or footing drains where flows are not contaminated with process materials such as solvents; and

j. Incidental windblown mist from cooling towers that collect on rooftops or adjacent portions of the facility, but not intentional discharges from cooling tower (e.g.; "piped" cooling tower blowdown or drains).

D. Activities Which are Ineligible for Coverage under this General Permit

The following discharges from industrial activity are not authorized by this permit:

1. Discharges from industrial activity that are mixed with sources of non-stormwater other than those expressly authorized under either this permit or a different SPDES permit.

2. Discharges from industrial activity that are subject to an existing SPDES individual or general permit located at a facility where a SPDES permit has been terminated or denied; where the facility has failed to renew an expired individual permit; or which are issued an individual or alternative general permit;

3. Discharges from industrial activity which are subject to an existing effluent limitation guideline addressing stormwater which are not specifically listed in Table IV-1 or Appendix D (or a combination of stormwater and process water);

4. Discharges from industrial activity from construction activities, except stormwater discharges from portions of a construction site at facilities covered under Sectors J & L or that can be classified as an industrial activity under 40 CFR 122.26(b)(14)(i) through (ix) or (xi). (Examples of stormwater discharges requiring coverage are those associated with areas where mobile asphalt plants and mobile concrete plants are operated);

5. Discharges from industrial activities that have the potential to adversely affect a listed or proposed to be listed endangered or threatened species or its critical habitat, unless the facility has documentation of a written agreement with the Department per 6 NYCRR Part 182 (http://www.dec.ny.gov/regs/3932.html);

6. Discharges from industrial activity that have the potential to adversely affect a property that is listed or is eligible for listing on the State or National Registers of Historic Places (Note: includes archeological sites), unless there are written agreements in place with the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) or other governmental agencies to mitigate the effects, or there are local land use approvals evidencing the same.; and http://www.dec.ny.gov/regs/3932.html

Part I.D.7. to Part I.E.3.c.

7. Discharges occurring on federal lands from industrial activity from either: inactive mining, inactive landfills, or inactive oil and gas operations where an owner or operator cannot be identified.

8. Discharges from industrial activity to impaired water bodies at facilities that fail to achieve and maintain eligibility in accordance with Part II.C.

E. How to Obtain Authorization Under this Permit

1. Eligibility - A discharger of stormwater associated with industrial activity may be authorized under this permit only if the discharge from the facility meets the eligibility requirements in Part I.C. of this permit.

2. Stormwater Pollution Prevention Plan - A discharger of stormwater associated with industrial activity may be authorized under this permit only if the owner or operator has developed and implemented a Stormwater Pollution Prevention Plan (SWPPP) according to the requirements in Parts III, IV, and applicable sections of Parts VIII and IX of this permit.

3. Notice of Intent – Unless notified by the Department to the contrary, owner or operators who submit completed forms made available by the Department in accordance with Parts I.E.3.a and b below may be authorized to discharge stormwater under the terms and conditions of this permit. Completed forms must be submitted to:

MSGP Permit Coordinator NYSDEC, Bureau of Water Permits 625 Broadway Albany, New York 12233-3505

a. Initial authorization- Owners or operators who submit an NOI in accordance with the requirements of this permit are authorized to discharge stormwater under the terms and conditions of this permit 30 calendar days after the date that the NOI is received. An exception to this is for transfers of ownership for which permits are effective once the conditions of Parts I.F.2 and VII are met.

b. Modification of coverage under this permit – After gaining initial authorization under this permit, an owner or operator may submit a Notice of Modification (NOM) to correct or update information provided in the NOI submitted to gain initial authorization.

c. The Department may deny coverage under this permit and require submittal of an application for an individual SPDES permit based on a review of the NOI or other information pursuant to Part V.N.

Part I.F. to Part I.F.G.

F. Deadlines for Notification

1. New dischargers or other owners or operators of facilities who intend to obtain coverage under this general permit shall submit a complete NOI at least 30 calendar days prior to the commencement of the industrial activity at the facility;

2. Where the owner or operator of a facility with stormwater discharge associated with industrial activity which is covered by this permit changes, the previous owner or operator shall submit a Notice of Termination (NOT) in accordance with Part VII.

(Termination of Coverage), and the new owner or operator of the facility must submit an NOI.

3. A facility must notify the Department of any changes or corrections to the information submitted to gain coverage under this permit by submitting a Notice of Modification (NOM) form. Stormwater discharges associated with industrial activities or outfalls not included in previously submitted NOIs or NOMs are not authorized unless and until a complete NOM is received by the Department. All modifications, including changes of address or stormwater contact information must be submitted on the NOM form provided by the Department.

4. Facilities with effective coverage under the SPDES General Permit for Stormwater

Discharges Associated with Industrial Activity (GP-0-11-009) on its expiration date are eligible for continued permit coverage on an interim basis for up to one hundred twenty (120) calendar days. A completed NOI must be received within ninety (90) calendar days from the date this permit becomes effective as coverage under this permit will not begin until thirty (30) calendar days from when the Department receives a complete NOI. Interim coverage will terminate once a completed NOI has been submitted and coverage is granted.

a. During this interim period, an owner/operator must:

(1) Update the facility’s SWPPP to comply with the requirements of this permit prior to submission of the NOI.

(2) Comply with the terms and conditions of the SPDES General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-11-009)

b. Coverage under GP-0-11-009 shall terminate thirty (30) calendar days after the new NOI, or one hundred twenty (120) calendar days after issuance of GP-0- 12-001, whichever comes first.

G. Conditional Exclusion for No Exposure

Facilities may qualify for a "Conditional Exclusion for No Exposure" where industrial activities and materials are completely sheltered from exposure to rain, snow, snowmelt and/or runoff. Facilities qualifying for this exclusion are not required to obtain a general

Continue Part I.F.G. to Part II.B.1.

permit for stormwater discharges associated with industrial activity. This exclusion is available on a facility-wide basis only and is not applicable to individual outfalls.

To obtain the “Conditional Exclusion of No Exposure”, the owner or operator must submit a certification to the Department attesting to the condition of no exposure using forms provided by the Department. This certification must be completed and submitted once every 5 years and is non-transferable. Facilities must maintain the condition of no exposure. If changes at a facility result in industrial activities or materials becoming exposed, the no exposure exclusion ceases to apply. Owners or operators who certified that their facilities qualify for the conditional no exposure exclusion may, nonetheless, be required by the Department to obtain permit coverage, based on a determination that stormwater discharges are likely to have an adverse impact on water quality. More information regarding the “Conditional Exclusion for No Exposure” is available at:

http://www.dec.ny.gov/chemical/62833.html

Facilities with uncovered parking areas for vehicles awaiting maintenance may be eligible for this waiver if only routine maintenance, such as lubrication and oil changes, are performed on site and all No Exposure criteria are met. Facilities accepting disabled vehicles and/or vehicles that have been involved in accidents are not eligible for the Conditional Exclusion for No Exposure.

Part II. SPECIAL CONDITIONS

A. New Stormwater Discharges

New stormwater discharges associated with industrial activity which require any other Uniform Procedures Act permits (Environmental Conservation Law, 6 NYCRR Part 621) cannot be covered under this permit until the other required permits are obtained (see Appendix E). Upon satisfying the State Environmental Quality Review Act (SEQRA) requirements and obtaining the necessary permits, the applicant may submit a NOI to obtain coverage under this general permit. In order to facilitate the Department’s review of a multi-permitted project, an applicant must submit a report including the information specified in Appendix E with the NOI. A copy of this report must be retained with the SWPPP.

B. Releases of Hazardous Substances or Petroleum

1. This permit does not authorize the discharge of hazardous substances (as listed in 6

NYCRR Part 597) or petroleum. The discharge of hazardous substances or petroleum in the stormwater discharge(s) from the facility shall be prevented or minimized in accordance with the stormwater pollution prevention plan for the facility. Any spill of petroleum must be reported in accordance with 6 NYCRR Part 613.8 (http://www.dec.ny.gov/regs/4433.html). Any spill of a hazardous substance must be reported in accordance with 6 NYCRR Part 595.3. Notification must be reported to the NYSDEC Spills hotline (1-800- 457-7362) within two hours of the release.

Additional notifications may be required for Federal level notification through the National Response Center (NRC) at 1-800-424-8802.

http://www.dec.ny.gov/chemical/62833.html http://www.dec.ny.gov/regs/4433.html

Part II.B.2. to Part II.C.2.

2. Where a release enters a municipal separate storm sewer system (MS4), the owner or operator shall also notify the owner of the MS4 within 2 hours of the time at which facility staff becomes aware of the release; and

3. Following any release incident, the owner or operator must evaluate the facility’s stormwater pollution prevention plan to identify measures preventing reoccurrence and to improve the emergency response to such releases. The plan must be modified where appropriate.

C. Impaired Waters (303(d) and TMDL)

1. Discharges to an impaired waterbody8 that is included on the 303(d) list or in a watershed for which a TMDL has been developed are not eligible for coverage under this permit if the cause of impairment is a pollutant of concern included in the benchmarks and/or effluent limitations to which the facility is subject unless the facility:

a. Prevents all exposure to stormwater of the pollutant(s) for which the waterbody is impaired,

b. Documents that the pollutant for which the waterbody is impaired is not present on- site, or

c. Provides additional information in the SWPPP to minimize the pollutant of concern causing the impairment as specified in Part III.F.4.

2. If conditions at the facility conform with Part II.C.1.a or b, results of analysis and/or visual monitoring supporting eligibility and other documentation, such as structural BMPs utilized to maintain a condition of no exposure or a certification that the substance is not present on site must be maintained with the SWPPP.

8 Information about impaired waters identified in the 303(d) list and approved Total Daily Maximum Load (TMDL) strategies is found on the Department’s public web site at: http://www.dec.ny.gov/chemical/31290.html.

Section 303(d) of the federal Clean Water Act 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 use – are impaired by pollutants. These are water quality-limited estuaries, lakes, and streams that fall short of state surface water quality standards, and are not expected to improve within the next two years.

Waters placed on the 303(d) list require the preparation of Total Maximum Daily Loads (TMDLs), a key tool in the work to clean up polluted waters. TMDLs identify the maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water.

TMDLs allocate that amount among various sources. In addition, even before a TMDL is completed, the inclusion of a water on the 303(d) list can reduce the amount of pollutants allowed to be released under permits issued by the Department.

http://www.dec.ny.gov/chemical/31290.html

Part III. to Part III.B.1.

Part III. STORMWATER POLLUTION PREVENTION PLANS

A. Stormwater Pollution Prevention Plan Requirements

A stormwater pollution prevention plan (SWPPP) shall be developed and implemented by the owner or operator for each facility covered by this permit. The SWPPP is intended to document the selection, design, installation and maintenance of control measures selected to meet effluent limitations. The SWPPP does not contain effluent limitations; the limitations are contained in Part I.B.1 and for some sectors Part VIII of this permit. SWPPPs shall be prepared in accordance with good engineering practices and in accordance with the factors outlined in 40 CFR 125.3(d)(2) or (3) as appropriate. This plan does not necessarily have to be developed or certified by a licensed Professional Engineer; however 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 . Erosion and Sediment Control plans addressing soil disturbance(s) at facilities covered under this permit shall be prepared by, or under the supervision of a trained individual who is knowledgeable in the principles and practices of erosion and sediment control. All SWPPPs that require post-construction stormwater management controls shall be prepared by a qualified professional.

The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with industrial activity from the facility. In addition, the plan shall describe and ensure the implementation of practices which are to be used to minimize the pollutants in stormwater discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit.

Facilities must implement the provisions of the SWPPP.

The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans or documents such as an Erosion and Sediment Control (ESC) plan, a Mined Land Use Plan, a Spill Prevention Control and Countermeasure (SPCC) plan developed for the facility or BMP programs otherwise required for the facility provided that the incorporated plan meets or exceeds the plan requirements of Part III.C and the applicable activity- specific requirements in Part VIII and IX. (All plans incorporated by reference into the SWPPP become enforceable under this permit; however, this enforcement is limited only to those aspects of these other plans that are specifically referenced to provide information or practices required for the SWPPP.)

B. Deadlines for Preparation and Compliance

1. The SWPPP shall be prepared and provide for compliance with the terms of this permit on or before the date of submission of an NOI to be covered under this permit;

and

Part III.B.2. to Part III.C.2.f.

2. Upon showing of good cause, the Department may establish a later date in writing for preparing and compliance with the SWPPP for a stormwater discharge associated with industrial activity that submits an NOI in accordance with Part I.E.3.

C. Contents of the SWPPP

The contents of the SWPPP must include the documentation listed below and in appropiate sectors of Part VIII to comply with the effluent limitations contained in Part I.B.1 and for some sectors, Part VIII. If a facility has co-located activities that are covered in more than one sector of Part VIII, that facility's SWPPP must comply with the requirements listed in all applicable sectors. These requirements are additive. All SWPPPs developed under this general permit shall include, at a minimum, the following items:

1. Pollution Prevention Team - The SWPPP shall identify the staff individuals (by name or title) that comprise the facility's stormwater pollution prevention team. The pollution prevention team is responsible for assisting the owner or operator in developing, implementing maintaining, and revising the facility's SWPPP.

Responsibilities of each staff individuals on the team must be listed. The activities and responsibilities of the team shall address all aspects of the facility’s SWPPP.

2. General Site Description - A written description of the nature of the industrial activity(ies) at the facility including, at minimum:

a. A general description of the industrial activities occurring in each drainage area.

b. A general description of the path of stormwater within the facility.

c. A description of runoff from adjacent property, if present, containing significant quantities of pollutants of concern to the facility (the owner or operator may include an evaluation of how the quantity or quality of the stormwater running onto the facility impacts the facility's stormwater discharges)

d. The general path of stormwater flows between the facility and the nearest surface water body(ies) and/or location(s) where stormwater enters an MS4, if applicable.

e. Receiving waters - The name of the nearest receiving water(s), including intermittent streams and the areal extent and description of wetlands (mapped and federally regulated wetlands) that may receive discharges from the facility.

f. Municipal separate storm sewer systems - If stormwater is discharged to an

MS4, the SWPPP must identify the MS4 operator and the receiving water to which the MS4 discharges. Contact information for the MS4 must be included in this section.

Part III.C.2.g. to Part III.C.3.b.

g. Other SPDES permitted discharges - The SWPPP must describe any discharges that are currently covered by another SPDES permit at the facility (e.g., process wastewater, sanitary wastewater, non-contact cooling water, etc.)

h. Impervious surface estimate - Provide an estimate of the percent imperviousness of the site:

(Area of Roofs + Area of Paved and Other Impervious Surfaces) x 100 Total Area of Facility

i. Location of sensitive areas (e.g. impaired waters; listed threatened & endangered species or their critical habitat; historic properties, etc.)

j. Size of the property in acres.

3. Summary of Potential Pollutant Sources - The SWPPP shall identify each separate area at the facility where industrial materials or activities are exposed to stormwater including any potential pollutant sources for which the facility has reporting requirements under EPCRA Section 3139. Industrial materials or activities include, but are not limited to material handling equipment or activities, industrial machinery, raw materials, intermediate products, byproducts, final products, or waste products.

Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. For each separate area identified, the description must include:

a. Activities in area - A list of the activities (e.g., material storage, equipment fueling and cleaning, cutting steel beams, etc.); and

b. Pollutants - A list of the associated pollutant(s) or pollutant parameter(s) (e.g., crankcase oil, iron, biochemical oxygen demand, pH, etc.) for each activity.

The pollutant list must include all significant materials that have been handled, treated, stored or disposed in a manner to allow exposure to stormwater for a period of three years before being covered under this permit.

9 Pursuant to Section 313 of Title III of the Emergency Planning and Community Right-to-Know Act (EPCRA) (also known as Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986), a facility is subject to the annual reporting provisions of Section 313 if it meets all three of the following criteria for a calendar year: it is included in SIC codes 20-39; it has 10 or more full-time employees; and it manufactures (including imports), processes or otherwise uses chemicals listed in 40 CFR

372.65 in amounts greater than the "threshold" quantities specified in 40 CFR 372.25. Section 313 water priority chemicals are defined as chemical or chemical categories that: 1) are listed at 40 CFR 372.65; 2) are manufactured, processed or otherwise used at or above threshold levels at a facility subject to EPCRA Section 313 reporting requirements; and 3) that meet at least one of the following criteria: (i) are listed in Appendix D of 40 CFR 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides and phenols) or Table V (certain toxic pollutants and hazardous substances); (ii) are listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (iii) are pollutants for which EPA has established acute or chronic water quality criteria.

Part III.C.3.c. to Part III.C.6.f.

c. Potential for presence in stormwater - For…