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• 1.1 CLEAN WATER ACT AND FEDERAL STORMWATER REGULATIONS

In 1972, Congress amended the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (CWA)) to prohibit the discharge of any pollutant to waters of the United States from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES program is designed to regulate point sources and requires the implementation of controls deemed necessary to minimize the discharge of identified pollutants.

As pollution control measures for industrial process waste streams and municipal sewage were implemented and refined, it was becoming more evident that diffuse sources of water pollution were resulting in water quality impairment as well. Specifically, the consensus among federal, state and local environmental agencies and environmental professionals working with those agencies was that stormwater runoff in many instances was found to be a major contributor to water quality impairment.

As part of the Water Quality Act of 1987, Congress mandated that the United Sates Environmental Protection Agency (USEPA) establish stormwater runoff control programs in two phases that would begin to address documented water quality impairment. The requirements under the first phase of the program, commonly referred to as “Phase I”, were published on November 16, 1990 (55FR47990). Under Phase I, municipalities and industrial site operators that met established thresholds for population density and industrial site activities were required to obtain a NPDES permit for stormwater discharges, or gain coverage under a State Pollution Discharge Elimination System (SPDES) permit program where applicable. Additionally, operators of construction sites that resulted in the disturbance of land of 5 or more acres were also required to obtain a NPDES permit or gain coverage under a State Pollution Discharge Elimination System (SPDES) program where applicable.

Since 1992, large municipalities and industrial site operators have been regulated by the USEPA under the NPDES program or by a federally sanctioned SPDES program in participating states. New York State is one of several participating states that has a SPDES program in place. The program is administered and enforced by the New York State Department of Environmental Conservation (NYSDEC).

Beginning in 1992 through March 2003 operators of construction sites that resulted in the disturbance of land of 5 or more acres could gain permit coverage from the NYSDEC for stormwater discharges from those activities under New York SPDES General Permit GP-02-01. Beginning in January 2003, the threshold for land disturbance activity was reduced from 5 acres to 1 acre. Construction site operators seeking to gain coverage under SPDES General Permit GP-02-01 must submit a Notice on Intent (NOI) to NYSDEC requesting the coverage for stormwater discharges associated with proposed construction activity. New York State has developed a standardized NOI form which is available on the NYSDEC website (www.dec.state.ny.us), a hard copy is attached herein, see Appendix A.

NYSDEC also requires that construction site operators prepare a Storm Water Pollution Prevention Plan (SWPPP) that includes at a minim a description of the construction activity, the calculated quantities of stormwater runoff for specified rain events, and a description of the stormwater Best Management Practices that will be implemented both during and after construction to minimize water quality impairment. Upon review and approval of the NOI, which includes the SWPPP, NYSDEC will acknowledge coverage under SPDES General Permit GP-02-01 by issuing a site specific Registration Number to the construction site operator.

• 1.2 MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)

• 1.2.1. Municipal Separate Storm Sewer System (MS4)

According to 40 CFR 122.26(b)(8), the term “Municipal Separate Storm Sewer System” refers to a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

• Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) .... including a special district under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian Tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States;

• Designed or used for collecting or conveying stormwater;
• Which is not a combined sewer, and
• Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2."

The USEPA categorizes MS4s as either “small”, “medium”, or “large”. The Phase I Stormwater Rule covers medium and large MS4s. A medium MS4 is an MS4 located in an incorporated place or county with a population of 100,000-249,999 (according to the 1990 Census). A large MS4 is an MS4 located in an incorporated place or county with a population of at least 250,000.

A small MS4 is one that is not already defined as medium or large. The Phase II Stormwater Rule covers a subset of small MS4s that are called “regulated small MS4s”. Regulated small MS4s are automatically designated if they are located in “urbanized areas” (as defined by the Bureau of the Census). Other MS4s located outside urbanized areas may be designated on a case-by-case basis by the NPDES permitting authority.

In New York State MS4s are located at least partially in New York’s 14 “urbanized areas”. Urbanized areas are generally contiguous census blocks with population densities of greater than 1,000 persons per square mile.

• 2.0 1ST ANNUAL REPORTING REQUIREMENTS

• 2.1 APPLICABILITY

All regulated MS4s in New York State that submitted a completed Notice of Intent (NOI) and received and “Acknowledgment of Notice of Intent for Coverage Under SPDES General Permit No. GP-02-02 for Stormwater Discharges" from the New York State Department of Environmental Conservation (NYSDEC) were issued an “MS4 SPDES Registration Number” which is a 9-digit alphanumeric code that will be used for reporting purposes. A sample registration number is provided herein: NYR00X999

All correspondence and/or communications with NYSDEC regarding coverage under SPDES General Permit GP-02-02 shall include a reference to the SPDES registration number which is unique to each MS4. Similar to the SPDES General Permit GP-02-01 for land disturbances associated with construction activities, the State of New York is the holder of SPDES General Permit No. GP-02-02.

Regulated MS4s that received an acknowledgment of the NOI from NYSDEC and were issued a SPDES Registration number are participants in the New York State “MS4 Program”.

• 2.1 NEW YORK STATE MS4 PROGRAM REQUIREMENTS

• Each regulated MS4 must develop a Stormwater Management Program (SWMP), as identified in the acknowledged NOI, that must be fully implemented by March 9, 2008.
• Each regulated MS4 must complete and submit a Municipal Compliance Certificate (MCC) and a Stormwater Management Program Annual Report (SMWPAR) annually by June 1. The first annual reports will cover the period from March 10, 2003 through March 9, 2004, and are due by June 2004.
• MCCs and SWMPARs shall be submitted to NYSDEC by June 1st of each year.

Included in the Notice of Intent application for coverage under the SPDES General Permit GP-02-02 for stormwater discharges from small municipal separate storm sewer systems submitted by each MS4 was a list of six (6) “Minimum Control Measures” that were identified by NYSDEC as indicated below.

• 2.2.1 Six (6) Minimum Control Measures:

• Public Education and Outreach on Storm Water Impacts
• Public Involvement/Participation
• Illicit Discharge Detection and Elimination
• Construction Site Stormwater Runoff Control
• Post Construction Stormwater Management
• Pollution Prevention/Good Housekeeping for Municipal Operations

In addition to identifying the six Minimum Control measures, NYSDEC established program requirements and management activities to be adopted and implemented by the MS4s over a 5-year period, ending on March 9, 2008. NYSDEC also included recommended Best Management Practices for each of the six minimum control measures which can be used by the MS4s in development of the SWMP. A copy of the NOI application is available on the NYSDEC website, which includes the information described above, and is included in Appendix B, attached.

• 2.3 REPORTING REQUIREMENTS

Each MS4 will be required to prepare and submit a Municipal Compliance Certificate (MCC) and a Stormwater Management Program Annual Report (SWMPAR) by June 1, 2004. To assist the MS4s in preparing the MCCs and SWPARs, NYSDEC is currently developing standardized forms which will be used in part to summarize and assess the SWP  activities completed by the MS4 during the period of March 10, 2003 through March 9, 2004. A copy of the draft MCC and SWMPAR forms are available on NYSDEC website. A hard copy of each is attached herein, see Appendices C and D, respectively.

The NOI application prepared by each Regulated MS4 included a schedule of Management Practices to be completed and measurable goals achieved under each of the six minimum control measure categories during the five year implementation period. Certain of the Management Practice activities to be completed are mandated by NYSDEC with the balance being NYSDEC recommendations. A summary of the Management Practice activities mandated by NYSDEC and recommendations for year-1 measurable goals is provided herein.

• 2.4 MANAGEMENT PRACTICE ACTIVITIES AND YEAR-1 RECOMMENDED MEASURABLE GOALS

• 2.4.1 Public Education and Outreach on Storm Water Impacts:

• NYSDEC Mandated Requirements:
• Plan and Conduct an Ongoing Public Education and Outreach Program
• Recommendations for Year-1 Measurable Goals:

• 2.4.1.a Develop a library of published literature. Reference materials can be obtained from the following agencies and internet addresses:
• USEPA-
• http://cfpub.epa.gov/npdes/stormwater/swfinal.cfm
• http://epa.gov/npdes/regulations/phase2.pdf
• NYSDEC-
• http://www.dec.state.ny.us/
• County Planning Departments
• 2.4.1.b Establish a public repository for published stormwater reference materials (i.e., Town/Village Offices, Libraries, etc.)
• 2.4.1.c Create a website with general stormwater program information and include links to environmental agency websites identified above.

• 2.4.2 Public Involvement/Participation:

• NYSDEC Mandated Requirements:
• Public notice and access to documents and information
• Public presentation and comments received on SWMP and annual reports
• Public Involvement/Participation Program
• Contact Persons Identified
• Recommendations for Year-1 Measurable Goals:

• 2.4.2.a Make public announcement of requirement to participate in the MS4 Program, at Town/Village Board meeting;
• 2.4.2.b Make public announcement of requirement to prepare the MCC and SWMPAR, at Town/Village Board meeting;
• 2.4.2.c Publish notices in local media and hold requisite public hearings for new stormwater ordinances that may be adopted (see sections 2.4.3 through 2.4.5, below)

• 2.4.3 Illicit Discharge Detection and Elimination:

• NYSDEC Mandated Requirements:
• Develop Outfall Map
• Illicit Discharges Prohibited
• Inform the Public, Municipal Employees, and Businesses of the hazards from illicit discharges
• Illicit discharges identified
• Recommendations for Year-1 Measurable Goals:

• 2.4.3.a Take an inventory of available mapping and plans which may include components of the stormwater collection and conveyance system
• 2.4.3.b Develop a schedule for converting hard copy mapping information into an electronic GIS database
• 2.4.3.c Develop a schedule of survey work that may be required to obtain additional stormwater collection and conveyance system information
• 2.4.3.d Review applicable sections of Municipal Code regarding illicit discharge connections, consideration to be given to changes in code language and/or enforcement policies as required

• 2.4.4 Construction Site Storm Water Runoff Control, Construction Program Requirements (at a minimum equivalent to NYS SPDES General Permit GP-02-01):

• NYSDEC Mandated Requirements:
• Require erosion and sediment controls through an ordinance or other regulatory mechanism
• Provide opportunity for public comment on construction plans
• Require construction site plan review
• Require overall construction site waste management
• Site inspection and enforcement
• Education and training of construction site operators
• Recommendations for Year-1 Measurable Goals:

• 2.4.4.a Review applicable sections of Municipal Code regarding erosion and sediment controls, consideration to be given to changes in code language and/or new ordinance developed
• 2.4.4.b Review policies and procedures under current site plan/sub-division regulations for enforcement of erosion and sediment control practices
• 2.4.4.c Review schedule of site plan application fees. Fee schedules may need to be amended to cover the cost of additional inspection and enforcement related to sediment and erosion control practices
• 2.4.4.d Develop a local erosion and sediment control program plan to be codified
• 2.4.4.e Develop an implementation schedule
• 2.4.4.f For land disturbance activities > 1 acre, consider amendment to site plan regulations to include; NYSDEC approval of requisite Stormwater Pollution Prevention Plan as a condition of site plan approval

• 2.4.5 Post Construction Storm Water Management, Post Construction Program Requirements:

• NYSDEC Mandated Requirements:
• Assess existing conditions throughout the MS4 and identify appropriate management practices to reduce pollutant discharge to the maximum extent practicable
• Regulate post-construction runoff from development through an ordinance or other regulatory mechanism
• Develop a management practice inspection and maintenance program
• Provide an opportunity for public comment on construction plans
• Require a construction site plan review
• Require overall construction site waste management
• Site inspection and enforcement
• Education and training of construction site operators
• Recommendations for Year-1 Measurable Goals:

• 2.4.5.a Review the storm water pollution prevention plan requirements and related materials under the NYS SPDES General Permit GP-02-01 program. Compare to local post construction storm water management practices in the applicable sections of Municipal Code and sub-division/site plan regulations
• 2.4.5.b Review applicable sections of Municipal Code related to post construction stormwater runoff, sediment and erosion controls, consideration to be given to changes in code language and/or new ordinances as deemed necessary

• 2.4.6 Pollution Prevention/Good Housekeeping for Municipal Operations:

• NYSDEC Mandated Requirements:
• Prevent discharge of pollutants from municipal operations
• Follow NYSDEC NPS Management Practices Catalog or equivalent
• Conduct employee pollution prevention training
• Recommendations for Year-1 Measurable Goals:

• 2.4.6.a Review current municipal operating procedures; specifically related to the maintenance of the stormwater collection and conveyance system (i.e., catch basing cleaning, street sweeping, flushing of stormwater conveyance piping, etc.).