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Legislative Overview

Legislative Overview. This quick module outlines in more detail the background of the legal requirements. Stormwater Regulations. Federal Clean Water Act EPA Stormwater Regulations - Phase I / Phase II Title 40 Code of Federal Regulations (CFR) Parts 122-124 (122.26). NYS State Pollutant

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Legislative Overview

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  1. Legislative Overview • This quick module outlines in more detail the background of the legal requirements.

  2. Stormwater Regulations • Federal Clean Water Act • EPA Stormwater Regulations - Phase I / Phase II • Title 40 Code of Federal Regulations (CFR) Parts 122-124 (122.26) • NYS State Pollutant • Discharge Elimination • System (SPDES) • ECL Article 17 • DEC Regulations 6NYCRR • NYS DEC is “permitting agency”

  3. Regulatory History: EPA Stormwater Program • Phased approach required by the 1987 Amendments to the Clean Water Act • Phase I addressed: • Facilities permitted before 1987 • Certain Industrial Activities • Medium and Large Municipalities • Construction Activities > 5 acres • Phase II was left to address other sources of urban stormwater

  4. NY STORMWATER SPDES GENERAL PERMITS • Construction Activity GP-93-06 (Phase I) • Regulates Construction activity with site disturbances of 5 or more acres • Disturbance – includes clearing, grading, grubbing, filling or excavating as well as construction activities

  5. SPDES General Permit Procedure for Obtaining Coverage(under Phase I) • Develop Stormwater Pollution Prevention Plan (SWPPP) using GP-93-06 or GP-98-03 • Submit the Plan to local authority (Construction GP) • File Notice of Intent, Transfer or Termination (NOITT) form with NYSDEC (Albany) and local authority • NOITT must be filed at least 48 hours prior to start of regulated activity • 48 hours prior to a change in operator NOITT must be filed • NOITT must be filed once coverage under the permit can be terminated

  6. Phase II Final Rule • Signed on October 29, 1999 • Published in the Federal Register on December 8, 1999 • Rule and fact sheets available at: • www.epa.gov/owm/sw/phase2

  7. Phase II Stormwater Regulations…automatically cover two major areas: • “Operators” of small MS4s located in “urbanized areas” • “Operators” of constructionactivities that disturb greater than 1 acre of land (statewide) What are the basic responsibilities of the operators? • Control of stormwater from small MS4s • On-site management of stormwater from small construction projects How will these responsibilities be accomplished? • Operators to develop comprehensive stormwater management plans and submit the NOI to DEC • Operators to submit Notice of Intent to DEC, develop a SWPPP and comply with local or other regulations

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