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MS4 Annual Reporting Requirements

The annual reporting period ends March 9 of each year. The annual report must be received by the NYS Department of Environmental Conservation Central Office, electronic or hard copy, no later than June 1 of each reporting year. If electronic, submit in accordance with procedures set forth by the DEC. Failure to submit the annual report and MCC form (Part V.D) shall constitute a permit violation.

The draft annual report must be made available for public review through the municipality’s public notice procedures. The notice must state where the public may view the draft report. Online posting is the preferred method.

Each permittee must, by June 1 of the annual reporting year:

  1. Sign an MCC form to take responsibility for all of the information in the annual report, which includes specific endorsement or acceptance of the shared annual report on behalf of the individual permittee;
  2. Present their draft annual report at a meeting (see part VII.A.2.d or Part VIII.A.2.d for more information). For completed shared annual reports, the report may be presented by each participating individual permittee at an existing municipal meeting or may be made available for comments on the internet.;
  3. Submit the completed MCC and final Annual Report to NYSDEC; and
  4. Submit a summary of any comments received and (intended) responses on the individual permittee’s annual report information, as applicable. This information should be included with the annual report submission. Changes made to the SWMP in response to comments should be described in the annual report.

Annual Report Content

The annual report form is available on the NYSDEC website. As stated in the MS4 permit, the annual report must summarize the activities performed throughout the reporting period (March 10 to March 9) and must include at a minimum:

  1. The status of compliance with permit conditions, including additional TMDL conditions;
  2. An assessment/evaluation of:
    1. The appropriateness of the indentified BMPs
    2. Progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP; and
    3. The identified measurable goals for each of the MCMs.
  3. Results of information collected and analyzed, monitoring data, and an assessment of the small MS4s SWMP progress toward the statutory goal of reducing the discharge of pollutants to the MEP during the reporting period. This could include results from required SWMP reporting, estimates of pollutant loading (from parameters such as identified illicit discharges, physically interconnected small MS4s that may contribute substantially to pollutant loadings from the small MS4) and pollutant load reductions (such as illicit discharges removed). This assessment may be submitted as an attachment.
  4. When required to be completed, results of assessments of effectiveness in meeting no new increase requirements or TMDL loadings as required by III.B1 and 2. These results may be submitted as an attachment.
  5. A summary of the stormwater activities planned to be undertaken during the next reporting cycle (including an implementation schedule);
  6. Any changes identified BMPs or measurable goals and justification for those changes;
  7. Notice that a small MS4 is relying on another entity to satisfy some or all of its permit obligations (if applicable);
  8. A summary of the public comments received on this annual report at the public presentation required in part VII.A.2 or VIII.A. and, as appropriate, how the small MS4 will respond to comments and modify the program in response to the comments;
  9. A statement that the final report and SWMP plan are available for public review and the location where they are available; and
  10. The information specified under the reporting requirements for each MCM (Part VII or VIII).

Annual Report Certification

A signed original hard copy and a photocopy of the Municipal Compliance Certification (MCC) form must be submitted to the DEC no later than June 1 of each reporting year. If the annual report is mailed (Part V.C above), the MCC form must be submitted with the annual report.

The MCC form is part of the annual report form and is available online. The MCC certifies that all applicable conditions of the Parts IV, VII, VIII and IX of this general SPDES permit are being developed, implemented and complied with. It must be signed by an individual as described in Part VI.J.2. The certification provided by the MCC form does not affect, replace or negate the certification required under Part VI.J(2)(d). If compliance with any requirement cannot be certified to on the MCC form, a complete explanation with a description of corrective measures must be included as requested on the MCC form.

Failure to submit the annual report (Part V.C.) and MCC form constitutes a permit violation.