SPDES Permit for Stormwater Discharges from Municipal

Separate Storm Sewer Systems (MS4s) of New York City

Stakeholders Meeting – March 5, 2014Selvin T. Southwell, P.E.

MS4s in New York CityNYCDEP Drainage Areas with MS4s

Staten Island, including Bluebelts (Most of the borough except North East and North Central)

Queens (South, East, North East, Rockaways)Brooklyn (South)Bronx (East)

Other City Agency Drainage Areas with MS4sIndustrial facilities and construction sites in direct

drainage areas (along waterfront/ shoreline)Municipal operations/facilities in direct drainage

areas

MS4s in New York City – Cont’dFifty one percent of New York City’s (NYC)

land area represents separate sewered areas, direct discharge areas, and unsewered areas

Of the NYCDEP’s sewered areas, 35 percent have a separate sewer system

NYC municipal separate sewer system (MS4) serves a population of about 2 million and is a large MS4 as per the Federal Regulations [40 CFR Part 122.26(b)]

Basis for the PermitStormwater requirements for large MS4s in the

Federal Regulations [40 CFR 122.26(d)] formed the basis for the Permit

Additionally, the following sources were consulted:NYSDEC SPDES General Permit for Stormwater

Discharges from MS4s (GP-0-10-002), May 2010EPA Audits of Tallman Island & Oakwood Beach WPCP

MS4sEPA’s MS4 Improvement Guide [Publication 833-R-10-

001], April 2010MS4 Permit programs from large cities such as

Philadelphia, Los Angeles, Chicago, Houston, District of Columbia

Intent of the PermitThe intent of this SPDES permit is to manage

urban sources of stormwater runoff to protect overall water quality and improve water quality in impaired waters as part of a comprehensive integrated planning approach that considers non-MS4 sources and planned controls for those sources

Stomwater Management Program Plan (SWMP)The City will be required to develop a SWMP

within three years of permit issuancepublic education and participationillicit discharge detection and eliminationconstruction and post-construction runoffindustrial user and industrial source control

programmunicipal operations and facilitiesfloatables controlstormwater monitoring

Impaired WatersThe City will be required to develop a

program to ensure no net increase of pollutants of concern (POC) to impaired waters resulting from non-negligible land use changesnon-negligible land use changes - land

disturbances greater than or equal to 1 acre where there is an increase in impervious cover

Legal AuthorityThe City will be required to develop and maintain the

authority to carry out all aspects of their stormwater management programs control of pollutants flowing into the MS4access to inspect sources of pollutant dischargesprocedures to ensure complianceescalating enforcement mechanism in the event of

violationsLegal authority will be required for:

construction site runoff controlpost-construction runoff controlindustrial and commercial site inspectionsillicit discharge detection and elimination programs

Implementation of SWMP –Key RequirementsCompliance schedule for SWMP development

and implementationTracking system to track the information

required in the PermitReporting requirements after SWMP is

developed to demonstrate that the SWMP is implemented and is effective

Construction & Post-Construction Stormwater Quality ControlsThe City must develop, implement, and enforce a program

equivalent to SPDES Construction Stormwater General Permit to reduce pollutants in construction and post construction runoff to MS4s from new development and redevelopment projects with land disturbance of greater than or equal to 1 acre (except direct drainage areas) Combination of structural and/or nonstructural best management

practices (BMPs) can be used For post-construction stormwater runoff, Green Infrastructure (GI) practices

can be implemented Green Roofs, Rain Gardens, Stormwater Planters, Rain Tanks/Cisterns, Porous

Pavement, Riparian Buffers/Filter Strips, Vegetated Swale, Tree Planting Infiltration, Bioretention, Dry Swale

Develop procedures for SWPPP reviews and acceptance Establish and maintain an inventory of post-construction stormwater

BMPs including practices authorized since 2003 Ensure adequate long-term operation and maintenance of controls

Industrial Stormwater Quality ControlsThe City must prepare and maintain an inventory

of industrial and commercial sources that could discharge POCs in stormwater

The City must maintain full oversight and control of these facilities including inspections and enforcementDevelop procedures for site inspection, compliance,

and enforcement of SPDES MSGP facilities (except direct drainage areas)

Develop a plan to inspect and assess unpermitted industrial and commercial facilities that generate significant contributions of POCs to impaired waters

Pollution Prevention from Municipal Operations/FacilitiesThe City must develop and implement a pollution

prevention/ good housekeeping program for municipal operations and facilities, including:Street and Bridge maintenanceWinter Road maintenance including deicing activitiesCatch basin cleaningVehicle and Fleet maintenancePark and Open Space maintenanceSolid Waste ManagementMarine Operations

Develop program to control and reduce to the MEP the application of pesticides and fertilizers

Require municipal facilities subject to MSGP requirements to meet substantive requirements of the MSGP

Floatable ControlsThe City must continue to implement existing or

improved controls to reduce floatables and settleable solids from the MS4 areas to waterbodies

The City must also develop a methodology to determine baseline floatable load and identify the best available control technologies that can be implemented

The City must evaluate their existing programs and determine how/if they should be modified to meet the objective of minimizing the discharge of floatable materials from their MS4s

Once methodology is approved, the City will have 2 years to commence the study to determine the baseline load

Stormwater MonitoringThe proposed permit requires the City to develop a Monitoring &

Assessment Program. The City will be allowed to expand on existing programs or propose new methods to assess the effectiveness of their SWMP to meet the following objectives: Assess compliance with the permit Measure the effectiveness of the SWMP Characterize and assess quality of discharges at representative outfalls Identify sources of specific pollutants Detect and eliminate illicit discharges Evaluate long term trends

The Monitoring and Assessment Program will be customized to specific waterbodies, impairments, and pollutant sources of the MS4

The City is required to implement the Monitoring and Assessment Program to assess potential sources of discharge of stormwater POCs, identify potential additional reduction measures for POCs, and evaluate its progress in addressing the POCs

Significant BenefitsInspection and enforcement program will prevent

pollutants from industrial, commercial, and construction sites

Improved program to detect and eliminate illicit discharges to the MS4 and to the waterbodies

A targeted program to minimize garbage, litter, and other floatables from the MS4 areas

Best management practices to eliminate or reduce pollutants from NYC’s municipal operations and facilities

Public education requirement will result in elimination of some pollutants at their sources

Improved program to assess and monitor stormwater discharges from MS4s

Timeline for Permit IssuanceThe draft Permit was public noticed on February 5,

2014Public had 30 days to comment on the draft Permit, but

it is being extended for 30 more days to April 7, 2014NYSDEC responds to the public comments and compiles

a Responsiveness SummaryIf no hearing is held, NYSDEC makes its final decision

on the Permit application within 120 (90+30) days of public noticing

If a hearing is held, the NYSDEC notifies the Permittee and the public of a hearing within 90 (60+30) days of public noticing – the Permit cannot be issued until the hearing process is completed