SPDES General Permit for Stormwater Discharges from Construction Activity

Under Phase II of the Environmental Protection Agency’s stormwater rules, construction activities that commenced on or after March 10, 2003, and that disturb one or more acres of land must be authorized by a stormwater discharge permit. On January 8, 2003, the New York State Department of Environmental Conservation (NYSDEC) issued one of the most progressive discharge permits in the nation for such authorizations. Implementing the requirements of the NYSDEC Phase II permit will address some of New York State’s most widespread remaining water quality and quantity problems.

The permit NYSDEC issued is the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (GP-02-01). To obtain coverage under the general permit, the operator of a construction activity must file a completed Notice of Intent (NOI) with the DEC. Submitting an NOI is an affirmation that a Stormwater Pollution Prevention Plan (SWPPP) has been prepared for the site and will be implemented prior to the commencement of construction. Coverage under the general permit can begin either 5 or 60 business days after receipt of the NOI by the DEC.

Five-Day Permit Coverage

If an operator certifies that the SWPPP has been developed in conformance with the NYSDEC’s technical standards (defined in the New York State Stormwater Management Design Manual), the stormwater discharges from the construction activity may obtain coverage under the general permit in five business days after the NYSDEC’s receipt of the NOI, provided that the activity is eligible for coverage under the general permit and the construction site or post-construction runoff is not discharging a pollutant of concern to either an impaired water identified on the NYSDEC’s 303(d) list or a total maximum daily loading (TMDL) watershed for which pollutants in stormwater have been identified as the source of the impairment.

Sixty-Day Permit Coverage

The NYSDEC has technical standards for stormwater management that were developed in consultation with some of the foremost experts in stormwater control in the nation and are at the core of the construction permit requirements. While the NYSDEC intends for projects to meet the NYSDEC technical standards, there are situations where stormwater management goals can best be met by alternative means that are more suitable given local conditions. For construction projects in these situations, applicants must identify in their NOIs each of the deviations from the technical standards that they are seeking. Applicants must defend the use of the deviations by explaining why they are necessary and the resulting impacts to water quality if implemented. For applicants who cannot certify conformance with the technical standards, the SWPPP must be prepared by a licensed/certified professional and include a certification stating that the SWPPP has been developed in a manner which will insure compliance with water quality standards and with the substantive intent of the general permit. In cases of deviations from the technical standards, applicants must allow 60 business days after the receipt of a complete NOI by the NYSDEC offices in Albany before gaining coverage under this general permit and before initiating any construction activity.

There are other scenarios under which coverage under the general permit will not occur until 60 business days from the receipt of a completed NOI. For example, if the construction activity or post-construction runoff causes the discharge of a pollutant of concern to a water identified on the 303(d) list or a watershed with an approved TMDL for that pollutant of concern, coverage under the general permit will not occur until 60 business days from the receipt of a complete NOI by the Albany office of the NYSDEC. For these projects, (1) a full SWPPP must be developed, (2) the SWPPP must be certified by a licensed/certified professional, (3) the SWPPP is subject to the 60-day permit coverage track, and (4) the operator may be required to submit the SWPPP and/or certification to the NYSDEC for review. The flowchart shown in Figure 1 on page vi of the general permit (GP-02-01) illustrates the conditions under which further analysis and water quality/quantity considerations is required.

What Is a Stormwater Pollution Prevention Plan (SWPPP)?

The Stormwater Pollution Prevention Plan (SWPPP) is a plan for controlling runoff and pollutants from a site during and after construction activities. The principle objectives of the SWPPP include the following:

• Reduce or eliminate the erosion and sediment during construction activities.
• Control the impact of stormwater runoff on water quality of the receiving waters.
• Control the increased runoff volume and peak rate during and after construction.
• Maintain stormwater controls during and/or after completing construction.

Erosion and sediment controls, water quantity controls, and water quality controls are interrelated components of a SWPPP. Erosion and sediment controls are the temporary or permanent structural or nonstructural practices implemented during construction. The water quality and quantity controls are post-construction structural or nonstructural practices installed to minimize water quantity and quality impacts from any increase of imperviousness.

Owners and operators must develop the SWPPP prior to the commencement of construction. All appropriate stormwater control measures identified in the SWPPP must be in place before beginning any segment of the construction project that requires these measures. SWPPP must be prepared in accordance with sound engineering practices.

General SWPPP Components

If you do not meet any of the following criteria, you may be able to complete an Erosion and Sediment Control Plan (i.e., a basic SWPPP). You must still seek coverage under the General Permit and most construction activities do not meet these criteria.

• Condition A - Construction site or post-construction runoff discharging a pollutant of concern to either an impaired water identified on NYSDEC’s 303(d) list or a TMDL watershed for which pollutants in stormwater have been identified as a source of the impairment.
• Condition B - Construction site runoff from Phase I construction activities (construction activities disturbing five or more acres).
• Condition C - Construction site runoff from construction activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single family residences, and construction activities at agricultural properties.

The detailed components of an SWPPP are set forth in Appendix E of the New York State Stormwater Management Design Manual. Please note that many SWPPPs have unnecessarily included model runs that increase the volume but not the value of the SWPPP.

There is a great deal of information and resources available to help you develop a Stormwater Pollution Prevention Plan. Below are some suggestions on where to start.

Websites

The NYSDEC website, www.dec.state.ny.us/
water/stormwater, has a wealth of information about the federal government’s regulation and how it is being implemented in New York State. The EPA’s website on stormwater is www.epa.gov/npdes/stormwater.

Stormwater Reference Manuals

New York State Stormwater Management Design Manual (also known as the “design manual”) provides standards, specifications, and uniform criteria for the design of the stormwater management practices. The design manual may be found at www.dos.state.ny.us/lgss/stormwaterpub/index.html.

The New York Standards and Specifications for Erosion and Sediment Control (also known as the “blue book”) contains standards and specifications for erosion and sediment control measures commonly used on construction sites. The blue book may be found at www.dec.state.ny.us/website/dow/toolbox/bluebook/bluebook.html.

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—David Gasper is a professional engineer working in the General Permits Section in NYSDEC’s Division of Water. His primary area of expertise is construction stormwater permitting.

—David Gasper

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