Legislative Overview  This quick module outlines in more detail the background of the legal requirements.

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Presentation transcript:

Legislative Overview  This quick module outlines in more detail the background of the legal requirements.

Stormwater Regulations Federal Clean Water Act EPA Stormwater Regulations - Phase I / Phase II Title 40 Code of Federal Regulations (CFR) Parts (122.26) NYS State Pollutant Discharge Elimination System (SPDES) ECL Article 17 DEC Regulations 6NYCRR NYS DEC is “permitting agency”

Regulatory History: EPA Stormwater Program  Phased approach required by the 1987 Amendments to the Clean Water Act  Phase I addressed: Facilities permitted before 1987 Certain Industrial Activities Medium and Large Municipalities Construction Activities > 5 acres  Phase II was left to address other sources of urban stormwater

NY STORMWATER SPDES GENERAL PERMITS  Construction Activity GP (Phase I) Regulates Construction activity with site disturbances of 5 or more acres Disturbance – includes clearing, grading, grubbing, filling or excavating as well as construction activities

SPDES General Permit Procedure for Obtaining Coverage (under Phase I)  Develop Stormwater Pollution Prevention Plan (SWPPP) using GP or GP  Submit the Plan to local authority ( Construction GP )  File Notice of Intent, Transfer or Termination (NOITT) form with NYSDEC (Albany) and local authority NOITT must be filed at least 48 hours prior to start of regulated activity 48 hours prior to a change in operator NOITT must be filed NOITT must be filed once coverage under the permit can be terminated

Phase II Final Rule  Signed on October 29, 1999  Published in the Federal Register on December 8, 1999  Rule and fact sheets available at:

Phase II Stormwater Regulations… automatically cover two major areas : 1.“Operators” of small MS4s located in “urbanized areas” 2.“Operators” of construction activities that disturb greater than 1 acre of land (statewide) 1.Control of stormwater from small MS4s 2.On-site management of stormwater from small construction projects 1.Operators to develop comprehensive stormwater management plans and submit the NOI to DEC 2.Operators to submit Notice of Intent to DEC, develop a SWPPP and comply with local or other regulations What are the basic responsibilities of the operators? How will these responsibilities be accomplished?