Do you Discharge into MS4? Do you need a SPDES permit?
A State Pollutant Discharge Elimination Permit (SPDES) is required to prevent harmful pollutants from being washed or dumped into MS4s or surface waters. A municipal Separate Storm Sewer System (MS4) is a system that discharges to Surface Waters of the State and is not part of a publicly owned wastewater treatment plant.
There are two kinds of SPDES permits:
- Industrial: If any industrial facility discharges stormwater into MS4s or into surface waters, it is required to obtain a SPDES permit in order to comply with NYSDEC regulations (GP-0-17-004);
- and Construction: NYSDEC also requires construction projects disturbing an acre or more of soil to obtain a SPDES permit from construction activities (GP-0-15-002)
New York City Department of Environmental Protection has recently passed a Stormwater Management Program. This has changed the review process for the SPDES Permit within New York City.
The applicant will now have to:
- Submit the SPDES permit application, a complete SWPPP (storm water pollution prevention plan) and any other information to the NYCDEP for review.
- Once the SWPPP is approved by the DEP, the applicant will have to submit the signed Acceptance Form to the DEC with a NYSDEC Notice of Intent (NOI).
For a SPDES Permit for construction activities, the following steps are needed in addition the steps mentioned above:
- The owner/developer will have to submit the Initiation form to the DEP with a maintenance easement (if applicable).
- The contractor will now have to submit the Permit Request form to the DEP for a Construction Permit. The DEP can do an inspection of the site while construction occurs.
- Once construction is over, the developer or owner will have to submit a NYSDEC Notice of Termination form (NOT) to the DEP to be signed and then submitted to the DEC.
- If post-construction stormwater management practices (SMPs) are required, the owner/developer will have to submit a Stormwater Maintenance Permit to the DEP and if issued, the owner will have to submit annual certification and 5-year permit renewal to the DEP. The DEP may inspect post-construction SMPs.
Do you need to apply for a SPDES Permit? Contact one of Walden’s environmental experts to discuss, at 516-624-7200 (Long Island), (518) 698-3012 (Capitol District) or (845) 253-8025 (Hudson Valley).