New York Releases Draft SPDES Construction General Permit (GP-0-25-001) for Public Comment

The State Pollutant Discharge Elimination System (SPDES) is a permit program instituted by the New York State Department of Environmental Conservation (DEC) to regulate pollutant discharges into water bodies. SPDES Construction General Permits (CGPs) specifically apply to management of stormwater at regulated construction sites, setting forth conditions for stormwater discharge in compliance with state and national stormwater regulations to ensure that construction activities do not adversely affect nearby waters.

In general, if a construction project disturbs a minimum of one acre of soil or is a smaller plot of land that is a part of a larger project, then the operation must comply with the active SPDES CGP. Compliance with the CGP is important because during construction, the natural landscape is altered or disturbed, often resulting in impacts to vegetation and topsoil. This can increase the potential for erosion and sedimentation.

Construction activities can result in higher volumes of stormwater runoff which in some instances can carry too much pollution (e.g. oils, chemicals, debris, and sediments) into nearby streams, rivers, and other surface water bodies. Unmanaged stormwater can degrade water quality, causing harm to aquatic habitats, increasing flooding risks, and negatively impacting human health and the environment.

Permits are in effect for five-year terms, and as the current permit (GP-0-20-001) was issued in January 2020, its successor (GP-0-25-001) is slated to become effective on January 29, 2025. In preparation for the current CGP expiration, DEC has released draft GP-0-25-001 for review. The draft CGP is proposing several significant changes designed to enhance stormwater management practices and compliance for construction activities.

Enhanced Erosion and Sediment Control Requirements

GP-0-25-001 proposes stricter measures to prevent erosion and sedimentation during construction. The draft outlines enhanced controls that must be used in areas where soil erosion is particularly likely, such as close to water bodies and steep slopes. Some of the proposed changes include:

• Enhanced erosion and sediment control requirements
• Improved site inspections and reporting
• Comprehensive Stormwater Pollution Prevention Plan (SWPPP) requirements

Draft 2025 SPDES CGP Process

In the past, the CGP renewals provided automatic continued coverage for all parties under the previous version of the CGP. However, in the new draft CGP, the owners or operators must do the following within 30 days of the effective date of GP-0-25-001:

• Submit a request to continue coverage electronically and maintain compliance with applicable requirements in GP-0-25-001
• Submit a new electronic Notice of Intent (eNOI)

The new process does away with the automatic CGP renewals and is intended to ensure ongoing compliance with the permit.

How to Review and Comment on Draft GP-0-25-001

A link to the draft CGP can be found on the DEC webpage Stormwater Permit For Construction Activity. Interested parties are encouraged to comment by email (to stormwater_info@dec.ny.gov), but comments can also be submitted by regular mail (to NYSDEC Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750). Comments are due by September 16, 2024 at 5:00 PM EST.

Contact Walden at 516-980-5508 to speak with an experienced consultant about your stormwater permitting and compliance needs. To learn more about stormwater management, read our guide.