NYS Department of Environmental Conservation

DRAFTSPDES General Permit for

Stormwater Discharges from Separate Storm

Sewer Systems (MS4s)(GP-0-10-002)

March, 2010

NYS Department of Environmental Conservation

Summary of Changes

• Fact Sheet

• Designation Criteria

• Permit Changes – About 10 Major– A Few Less Significant

NYS Department of Environmental Conservation

Major ChangesAdditional Designations

• Criterion 1: MS4s discharging to waters for which an EPA-approved TMDL is issued– East Hampton (V)– East Hampton (T) – areas along the South Shore– Southhold (T) – areas along the North Shore and

Fishers Island– Putnam Valley – areas tributary to Oscawana Lake

• Criterion 3: Automatically designated MS4 areas are extended to Town, Village or City boundaries, Minimum Control Measures 4 & 5

NYS Department of Environmental Conservation

Permit Coverage Public Review Process

• Existing covered entities authorized under GP-0-08-002 automatically continue for 180 days

• Existing have 180 days to file new NOI (revised annual report form)

• MS4s not authorized under GP-0-08-002 must file an NOI if they are required to gain coverage

• In accordance with EPA guidance, court decision (EDC v. EPA, 9th Circ. 2003), submission of NOIs will be listed in the Environmental Notice Bulletin with a 28 day period during which comments may be submitted on the NOI

NYS Department of Environmental Conservation

Single Entity (Alternative to RSE)

• An opportunity is provided for a single entity to be authorized (all or any MCMs)– Further encourage larger scale coordinated implementation – Supported by the conclusions of the 2008 National Research

Council’s report and the participants of the public review group

1. Initiate and administer enforcement procedures

2. Collect, finance, bond or otherwise borrow money

3. Manage and operate the storm sewer system,

4. Implement BMPs at all municipal facilities

5. Obtain property necessary for SMP facilities

NYS Department of Environmental Conservation

Impaired Waters

• Adding a clarification on what is meant by negligible changes; changes to land use of less than one acre of impervious cover; and assessment of potential improvement projects.

•  compliance determinations for MS4s collaborating to satisfy load reduction requirements. Defining the ‘bubble’ compliance with load reductions to a watershed, whereby MS4s may be credited for reductions within watershed boundaries.

NYS Department of Environmental Conservation

MCMs Addition/Clarification

• MCM 2 – Public Involvement/Participation– allowing the public to participate in development and

implementation of SWMPs

• MCM 4 – Construction Site Stormwater Runoff Control– prior to NOI being terminated under the construction

stormwater permit, regulated MS4s are allowed to sign off on the projects. A coordinated requirement for MS4s to accept notices of termination, consistent with the construction permit requirement

NYS Department of Environmental Conservation

MCMs Addition/Clarification

MCM 5 – Post Construction S-Water Management

• Green Infrastructure practices achieve runoff reduction. To facilitate implementation, the permit requires: – Training municipal officials in Green Infrastructure– Consideration of Green Infrastructure in development of municipal

plans and laws development

• Permit also allows for MS4 Banking and Credit System– Offsets from construction projects– Provide twice the pollutant reduction

– No-net increase of pollutants in impaired waters

NYS Department of Environmental Conservation

MCMs Addition/Clarification

• MCM 6 – Pollution Prev & Good Housekeeping– Incorporate runoff reduction/GI into routine upgrades to

stormwater conveyance systems and municipal properties

NYS Department of Environmental Conservation

• Additional Areas Added– Two additional maps show areas where

Watershed Improvement Strategies must be implemented

• EPA approval of the TMDL entitled “Shellfish Pathogen TMDL for 27 303(d)-Listed Waters”.

• EPA approval of the TMDL entitled “TMDL for Phosphorus in Lake Oscawana”.

Watershed Improvement Strategies

NYS Department of Environmental Conservation

NYS Department of Environmental Conservation

NYS Department of Environmental Conservation

•  Numeric Pollutant Reductions– Quantified reduction requirement by waterbody for each

Watershed Improvement Strategy– Specified deadline for planning/implementation

• On-site Systems Requirements– Maintenance/Inspection

• Change the three year schedule to five year• Inspection of the whole system (absorption area, not just the tank)

Watershed Improvement Strategies (cont’d)

NYS Department of Environmental Conservation

•   Long Island On-site Systems– Target on-site systems within effected storm sewersheds for

inspection, maintenance and rehabilitation•  coastal areas with slopes or low infiltrative soils, poorly functioning or

improperly designed and maintained on-site sanitary systems

– Identify problem areas and conduct regular field investigations/inspections

• in those areas of residential and commercial

– Document inspection of on-site systems

Watershed Improvement Strategies (cont’d)

NYS Department of Environmental Conservation

Public Comments

• Received and logged in

• ~ 100 pages,

• ~ 50 commenters

• WIS areas requirements– Deadlines– Reduction rates– Septic inspections

• Possible Administrative Extension

NYS Department of Environmental Conservation

Questions

Contact Information

Shohreh Karimipour, PE

(518) 402-8123

NYS DEC

Division of Water

General Permits Section

625 Broadway

Albany, NY 12233-3505