State of New York
New York Stormwater Laws & regulations
The State of New York operates under the State Pollutant Discharge Elimination System (SPDES) program under the authorization of the U.S. Environmental Protection Agency (EPA) through state regulation 6 CRR-NY X 750. The Department of Environmental Conservation manages the permitting and compliance of stormwater discharge.
Regulatory Requirements
The U.S.EPA and NYSDEC are increasing their attention in several ways. There are three State Pollutant Discharge Elimination System (SPDES) general permits required for activities associated stormwater discharges.
Before commencing construction activity, the owner or operator of a construction project that will involve soil disturbance of one or more acres must obtain coverage under the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity.
In the New York City East of Hudson watershed, this requirement also applies to construction projects disturbing more than 5,000 square feet to one acre of land. Some exceptions to the requirements exist for agricultural projects, certain silvicultural projects and routine maintenance activities.
Title 6 Department of Environmental Conservation Chapter X Division of Water Resources Subchapter A. General Article 3. State Pollutant Discharge Elimination System Part 750 State Pollutant Discharge Elimination System (SPDES) Permits
750-1.15 Duration of SPDES permits.
SPDES permits issued for discharges to waters of the State other than groundwaters shall be valid for a fixed term not to exceed five years. SPDES permits issued for discharges to groundwaters shall be valid for a term not to exceed 10 years.
750-1.16 Renewal of existing SPDES permits.
(a) Any permittee who intends to continue to discharge beyond the period of time covered in the applicable SPDES permit must file for renewal of the permit at least 180 days prior to its expiration. Filing for renewal shall be made by the permittee on forms provided by the department.
750-1.17 Transfer of permit.
(a) To transfer a permit to a new owner or operator, written application for permit modification must be made to the department on the forms provided by the department for permit transfers.
(b) In order for operation of the facility to continue without interruption, application must be made at least 30 days in advance of the transfer.
(c) If, when the ownership or operation is transferred, the volume or composition of the facility discharge will be altered beyond that provided for in the permit, a new application for permit shall be required.
750-1.20 Denial, suspension or revocation of a permit.
(a) The department may deny an application for a SPDES permit if the department determines:
(1) that the discharge will result in contravention of effluent limitations, water quality standards or guidance values;
(2) that the permittee or applicant has been convicted of a crime related to the permitted activity under any Federal or State law; or
(3) the permittee or applicant has been determined in an administrative, civil or criminal proceeding to have violated any provision of the ECL, any related order or determination of the commissioner, any regulation of the department, any condition or term of any permit issued by the department, or any similar statute, regulation, order or permit condition of the Federal or other state government, or agency, on one or more occasions and in the opinion of the department, the violation that was the basis for the action posed a significant potential threat to the environment or human health, or is part of a pattern of noncompliance.
(b) In addition to the criteria set forth in Part 621 of this Title for suspension or revocation of a permit, the department may suspend or revoke a SPDES permit if the department determines:
(1) the establishment that would be or is the source of the permitted discharge has not operated and is not likely to operate during the term of the permit;
(2) that the permittee or applicant has been convicted of a crime related to the permitted activity under any Federal or State law;
(3) the permit was issued erroneously or by mistake;
(4) the permit was obtained through fraud, deceit, or through the submission of incorrect data; or
(5) the permittee was negligent, or practiced fraud or deceit, in the performance of the permitted activities.
750-2.3 Inspection and entry.
The permittee shall allow the commissioner, the regional administrator, the applicable county health department, or their authorized representatives, upon the presentation of credentials and other documents as may be required by law, to:
(a) enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of a SPDES permit;
(b) have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit, including records required to be maintained for purposes of operation and maintenance;
(c) inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit;
(d) sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the act or ECL, any substances or parameter sat any location;
(e) enter upon the property of any contributor of wastewater to the system under authority of the permittee’s Sewer Use Law, ordinance (municipalities) or regulations; and
(f) if any part of the permittee’s sewer system or sewage treatment works is located on any property not owned by the permittee, the permittee must be able to reasonably demonstrate to the satisfaction of the department that it has legal access to these locations or facilities and ensure that the commissioner, the regional administrator or the county health department or any authorized representative thereof, upon presentation of credentials, will have access to these locations and facilities.
Links:
New York State Stormwater Management Design Manual
Construction Stormwater Toolbox
