MS4 Stormwater Management Program

Construction/Post-Construction Rulemaking

and Permitting

September 14, 2018

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Agenda

• MS4 Overview

oConstruction/Post Construction Program

oMS4 Map

• Applicability

• Permits

oStormwater Construction

oStormwater Maintenance

• Inspections

oCompliance

oComplaint

• Penalties and Sanctions

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MS4 Overview

Municipal Separate Storm Sewer

System Permit (MS4 Permit)

o Effective date: August 1, 2015

o Duration: renewal every 5 Years

o Permit intent: to implement measures

to reduce pollution in stormwater

runoff

o NYC is required to develop a

Stormwater Management Program

(SWMP) submitted to NYSDEC on

August 1, 2018

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Construction / Post-Construction Program

Major MS4 Permit Requirements:

• Review and approve Stormwater Pollution

Prevention Plans (SWPPPs)

• Maintain an inventory of active

construction sites and conduct inspections

• Maintain an inventory of Post-Construction

Stormwater Management Practices

(SMPs) and inspections

• Educate relevant stakeholders

• Conduct a study to determine a reduction

in the lot-size soil disturbance threshold

that triggers regulatory requirements

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MS4 Map

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Applicability

• Effective Date

• MS4 Area

• Covered Development Project

oDevelopment Activities

oThreshold: soil disturbance equal or more than 1

acre in MS4 area

• Existing projects

• Exemptions

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Applicability – Covered Development Projects

• Appendix B of the NYSDEC Construction General Permit

o 1 or more acres

• Erosion and Sediment Control (ESC) Only

o Installation of underground, linear utilities; such as gas lines, fiber-optic cable,

cable TV, electric, telephone, sewer mains, and water mains

o Sidewalk construction projects that are not part of a road/ highway construction

or reconstruction project

• ESC + Post-construction Stormwater Management Practices

(SMPs)

o Municipal facilities; includes highway garages, transfer stations, office buildings,

POTW’s and water treatment plants

o Road construction or reconstruction

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New Permits

Stormwater Construction Permit

During construction Erosion and Sediment Controls

Complete installation of post construction Stormwater

Management Practices (SMPs)

Stormwater Maintenance Permit

Operation and Maintenance of SMPs

Implementation of management practices to prevent

pollution

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References

STANDARDS AND SPECIFICATIONS

FOR EROSION AND SEDIMENT CONTROL

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References

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Submission and Approval Process

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SupervisorReviews

Recommendation

ApplicationReceived

SupervisorAssigns

Reviewer

ReviewerMakes

Recommendation

Approve

Disapprove

Permit

SWPPPOnline

Application

Owner Acknowledgment

PayApplication

Fee

Certified Professional

ContractorPulls Permit

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Construction Application

Stormwater Construction Permit

• NOI

• SWPPP

oErosion and Sediment Control

oPost Construction Stormwater Management

No Net Increase in Pollutants of Concern

• Submit via StormWater Permitting and Tracking System

(SWPTS)

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SWPPP

• Covered Development

Projects

• Impervious area reduction

• NNI Analysis

• TP

• Floatables

• TN

• Pathogens

• SMP Selection

• Decision making

guidance

• SWPPP Template

(Attachment)

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NYC MS4 Portal Home Page

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MS4 Permit Application16

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Stormwater Construction Permit

Application

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Application Grouped by Sections

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DEP Review

• SWPPP – is the basis of application

• 45-day time line

oMaintain an open line of communication during review

• All applications are approved or denied

• Applicants will be able to make changes to application

materials

oChanges requiring new review will be considered a

major amendment

• Application approval is the first step to permit approval

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MS4 SWPPP Acceptance Form

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Construction Application Flow

Permit Initiation

• Identify Contractor

• Identify Qualified Inspector

• Submit Maintenance Easement

Approved

Plan

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Maintenance Easement

• Must provide access to property for inspection of

Stormwater Management Practices (SMPs)

• Approved by Corporation Counsel

• Filed in the Office of City Register, if in Staten Island

the office of the Richmond County Clerk

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Construction Application Flow

Permit Request (completed by the main contractor)

oInsurance or DOB registration

oIdentify Trained Contractor

oContractor Certification

oSPDES number

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NYC Contractor Certification

"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 developer must comply with the

terms and conditions of the NYC Stormwater Construction

Permit, the most current version of the New York State

Pollutant Discharge Elimination System (SPDES") general

permit for stormwater discharges from constructionactivities

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 "

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Permit Printing

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Stormwater Construction Permit

Amendments

oChanges to the practice that require new design, and

calculations

oMay disturb any amount of soil

oRequires review and approval

oMust include supporting documentation including plans

and calculations

oApplication fee

oReview and approval will follow new project criteria

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Compliance Inspections

Stormwater

Construction Permit

oReview of site

documentation

oErosion and Sediment

Control Practice

oStormwater Management

Practices

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Complaint Inspections

• Responding to citizen complaints

• Via 311

• Will look for complaint basis

• May follow up with enforcement

• May alert other bureau, city agency or NYSDEC if

indicated

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Penalties and Sanctions

• Commissioner Orders

• Stop work orders

• Notices of violation

• Notices of non-compliance

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Stormwater Maintenance Permit

Application

oNOT

oAs-built

oOperation and Maintenance Manual

oSewer Certification

oAnnual Certification by owner

o5-year Renewal including a report signed by Qualified

Professional

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Next Steps

• CAPA review of draft rule is underway

• Public Hearing scheduled for October 10, 2018

• Final SWMP was submitted to DEC August 1, 2018

• DEC may approve SWMP as a whole or in parts

• Construction/Post Construction Rules become effective

45-180 days after DEC approval of SWMP (Chapter 6)

• NYC Stormwater Design Manual is available for public

review

• SWPTS introduction slides available on line.

• Additional SWPTS training to follow