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
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