Chapter 6 Construction and Post- Construction

1 Chapter 6. Construction and Post- Construction Municipal Separate Storm Sewer Systems of New York City SPDES Number: NY-0287890. August 1, 2018. 101 102. NYSDEC requires Construction projects Train DEP staff who will perform SWPPP reviews and disturbing an acre or more of soil to obtain site inspections during and after Construction ;. coverage for stormwater discharges under the Verify that Construction managers and site operators START. State Pollution Discharge Elimination System have received erosion and sediment control training (SPDES) General Permit for Stormwater from NYSDEC or other qualified entities;. Discharges from Construction Activity (GP-0-15- 002)(NYSDEC CGP).

2 The City will complement Educate relevant stakeholders about the Construction the NYSDEC CGP program in the MS4 area by and Post- Construction (C/PC) Program; and reviewing and approving stormwater pollution Conduct a study to determine an appropriate Applicant submits DEP provides Applicant submits prevention plans (SWPPPs), and inspecting Yes reduction in the lot size soil disturbance threshold for SWPPP, informa- DEP reviews SWPPP accepted signed NYSDEC DEP-signed MS4. Construction activities for stormwater impacts triggering the regulatory requirements of the C/PC tion from NYSDEC permit application by DEP MS4 Acceptance Acceptance Form NOI, and additional Form to applicant and NYSDEC NOI.

3 And post- Construction stormwater management Program. information to NYSDEC. practices (SMPs). required in DEP. Chapter 1: Legal Authority and Program Administration rules to DEP. Parts and F of the MS4 Permit require the City to: discusses the City's rulemaking process and legal authority No for the C/PC Program. DEP will administer the C/PC. Review and approve Stormwater Pollution Prevention Program by reviewing SWPPPs; issuing stormwater DEP provides feedback Plans (SWPPPs); Construction and maintenance permits; inspecting and Owner/developer Maintain an inventory of active Construction sites; enforcing during and after Construction ; and responding submits Yes to public complaints.

4 The C/PC Program includes maintenance Conduct site inspections during Construction and measures to ensure no net increase of the pollutants easement SWPPP includes Owner/Developer submits Permit enforce proper erosion and sediment control measures of concern (POCs) for which a waterbody is impaired, post- Construction Initiation Form to as well as proper SMP installation; as required by Part of the MS4 Permit. The C/PC DEP issues SMP DEP. Construction Contractor Stormwater Program applies only to certain new and redevelopment submits Permit Maintain an inventory of post- Construction SMPs; Construction Permit Request Form to No projects, referred to as covered development projects.

5 Figure DEP may for the project DEP. Conduct SMP inspections and enforce long-term provides an overview of the program. inspect maintenance of SMPs;. Developer com- DEP provides Owner/Developer pletes construc- SWPPP includes No signed NYSDEC submits DEP- tion and submits a post- Construction END. NOT form to Own- signed NOT to NYSDEC NOT to SMP DEP may er/Developer NYSDEC. DEP for signature inspect Overview of C/PC Permitting Process Figure Yes Owner/developer The C/PC Program requires two types of stormwater permits for covered development projects: submits application Stormwater Construction Permits for all covered development projects, and Stormwater for Stormwater Maintenance Maintenance Permits for projects requiring post- Construction SMPs.

6 The first step in applying Permit to DEP. for these stormwater permits is submittal of a permit application to DEP. The permit application DEP may consists of the information required in NYSDEC's Notice of Intent (NOI) form, additional information inspect Owner/. required in DEP's rules, and the plans and reports that together make up the Stormwater Pollution developer SMP installed and resolves Prevention Plan (SWPPP). DEP will review and approve SWPPPs; refer to Section for details. If issues operating as designed DEP approves the SWPPP, the developer then submits the Permit Initiation Form and a copy of the maintenance easement to DEP, and the contractor with primary responsibility for the project site Owner/Developer DEP issues Owner submits the Permit Request Form to DEP for a Stormwater Construction Permit; refer to Section DEP provides No Yes submits DEP- Stormwater submits annual for details.

7 DEP may inspect a site during Construction . feed back signed NOT to Maintenance DEP may certification and NYSDEC Permit to Owner 5-year permit inspect renewal to DEP. After Construction , the developer or owner submits a completed NYSDEC Notice of Termination (NOT) form to DEP for review and signature. If post- Construction SMPs are required for the covered development project, then the developer or owner must also submit a Stormwater Maintenance Permit application with the completed NYSDEC NOT to DEP; refer to Section for details. DEP. may inspect post- Construction SMPs. If DEP issues a Stormwater Maintenance Permit, then the Applicant/Owner/ Applicant/Owner/.

8 DEP Action Decision Point owner must submit an annual certification and renew the permit every five years. Developer Action Developer goes to DEC. 103 104. SWPPP Review SWPPP Construction Erosion and No Net Increase Requirement Sediment Control Component Covered development projects involving a non-negligible and Approval All SWPPPs must include an erosion and sediment control change in land use ( , land disturbances greater than or component. The erosion and sediment control component equal to one acre where there is an increase in impervious For a covered development project, an applicant must obtain coverage under the NYSDEC CGP. If DEP does cover) draining to impaired waters are required to include must meet the requirements in the NYS Standards and submit a permit application to DEP that includes all of the not approve the application, it will provide notice to the a pollutant load analysis in the SWPPP.

9 This analysis Specifications for Erosion and Sediment The elements required in the NYSDEC notice of intent (NOI) applicant that delineates the deficiencies of the SWPPP. should demonstrate that there will be no net increase of SWPPP must include practices to avoid erosion and for coverage under the NYSDEC CGP; a complete SWPPP; The applicant may re-submit the SWPPP for DEP the POC(s) for which a waterbody is impaired. NYSDEC. control sedimentation for each step in the Construction and the additional information required by the City's rules. approval. provided the list of impaired waters in Appendix 2 of process. The SWPPP should also include site plans that A SWPPP is a plan prepared by a developer to manage the MS4 Permit and specified the particular pollutant(s).

10 Contents of SWPPPs will depend on the individual show the location of each process; the practices associated stormwater runoff from a Construction site. SWPPPs causing the impairment for each listed waterbody covered development project. All SWPPPs require an with that process; and the details specifying size, materials, include elements that prevent pollution both during segment. The City's Draft Procedures for No Net Increase erosion and sediment control component for Construction and endurance of each practice. Construction and after a project is completed. (NNI) Pollutant Load Analysis is available on the DEP. activities detailed in Section Some SWPPPs will also DEP will host the Stormwater Permitting and Tracking require post- Construction SMPs that the property owner SWPPP Post- Construction Stormwater The City will provide status updates on the NNI.