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The Construction Stormwater Permit

Working on a construction project that involves excavation or other exposure of soil surface?  If your project disturbs one or more acres of land, including:

  • Clearing and grubbing
  • Grading
  • Filling
  • Excavation
  • Clear-cutting with stump removal
  • Demolition
  • Stockpiling

you are required to have a permit for stormwater discharges from the site.

Section 402 of the Federal Clean Water Act requires permits for stormwater discharges from construction activities that disturb one or more acres of land. To obtain coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-10-001), the owner or operator (developer) of the property must prepare a Stormwater Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI) before beginning construction.

Why does construction activity require a stormwater permit?

The role of the construction industry is of paramount importance in the nation’s efforts to protect streams, rivers, lakes, wetlands and oceans.  Construction site operators are one of the key players in preventing erosion, sedimentation, and stormwater pollution that can originate from construction activities.  Also, development increases the amount of impervious area (paved and other hard surfaces) in our watersheds.  Because water runs off directly from these surfaces rather than soaking into the ground, this increases stormwater inputs to waterways. As stormwater flows over a construction site, it picks up pollutants such as sediment, debris, chemicals, and nutrients within soil. The elevated flow rates result in increased erosion and sedimentation downstream, and destroy aquatic habitat.  Once construction is complete, it is also important to mitigate the permanent impacts that a change in land use can have on water quality and flow patterns.  This means that both site planning and installation of permanent stormwater management practices are a critical consideration in construction and development projects.

A SWPPP is a plan for controlling runoff and pollutants from a site during and after construction activities. The principal objective of a SWPPP is to comply with the NYS DEC SPDES Stormwater Permit for Construction Activity (GP-0-10-001) by planning and implementing the following practices:

  • Reduction or elimination of erosion and sediment loading to waterbodies during construction
  • Control of the impact of stormwater runoff on the water quality of the receiving waters
  • Control of the increased volume and peak rate of runoff during and after construction
  • Maintenance of stormwater controls during and after completion of construction

How Do I Obtain Stormwater Construction Permit Coverage?

If your construction project will disturb between 1 and 5 acres of soil:

1)      Develop a Basic Stormwater Pollution Prevention Plan (SWPPP) in accordance with the New York Standards and Specifications for Erosion and Sediment Control

2)      Submit a Notice of Intent (NOI) to the NYS DEC

3)      Begin construction after a five-business-day DEC review period

However, if you are:

  • Disturbing more than 5 acres, or
  • Developing lots in a subdivision, or
  • Constructing something other than a single family residence, such as an apartment complex, town houses, commercial or industrial building:

1) Develop a Full Stormwater Pollution Prevention Plan, with post-construction stormwater controls (Water Quality and Water Quantity component)

If the Plan conforms with the New York State Stormwater Management Design Manual:

2) Submit an NOI, signed by both the Owner/Operator and SWPPP preparer, to the NYS DEC

3) Begin construction after a five-business-day DEC review period

If the Plan deviates from the Design Manual:

2) Have the SWPPP certified by a licensed professional

3) Submit an NOI, signed by both the Owner/Operator and SWPPP preparer, to the NYS DEC

4) Begin construction after a sixty-business day DEC review period

 

Although, if your site is:

In a TMDL watershed (e.g. Onondaga Lake), or directly discharging to an impaired 303(d) waterbody or man-made conveyance (Even if the soil disturbance is less than 5 acres):

1) Develop a Full SWPPP with post-construction stormwater controls

2) Have the SWPPP certified by a licensed professional

3) Submit an NOI, signed by both the Owner/Operator and SWPPP preparer, to the NYS DEC

4) Begin construction after a five-business-day NYS DEC review period

NOTE:  If your site is within the boundaries of a regulated land-use control MS4, all of the above apply, and you must also submit a completed “MS4 SWPPP Acceptance Form” signed by the chief elected official or authorized representative of the municipality along with your NOI to obtain permit coverage.  In this case, coverage  commences within 5 days of receipt of both documents by NYSDEC.

What are the basic elements that go into preparation of a Stormwater Pollution Prevention Plan?

Narrative Report and Maps describing pre-development conditions and details of the planned project, includingillustrating the site location, topography, drainage area, existing and proposed structures, natural resources, erosion and sediment control and stormwater control practices

Erosion and Sediment Control Plan developed in accordance with the New York Standards and Specifications for Erosion and Sediment Control (2005)

Water Quality Control/Runoff Reduction Practices designed in accordance with the NY State Stormwater Management Design Manual (2010)

Water Quantity (Volume and Peak Flow) Control Practices designed in accordance with the NY State Stormwater Management Design Manual (2010)

Construction Sequence Schedule

Notice of Intent for coverage under GP-0-10-001 – to be completed after the remainder of the SWPPP is finalized

 

The Instruction Manual for the Stormwater Construction Permit contains a complete description of required SWPPP components.

What are the important considerations for permit compliance during construction?

Contractor 4-hour training certification requirement

This requirement ensures that contractors working on construction sites are qualified to implement the needed erosion and sediment control measures.  All contractors responsible for any installation or maintenance of erosion and sediment control practices must have received the NYSDEC-endorsed 4-hour Erosion and Sediment Control Certification Training within the past three years in order to be allowed to perform work on a construction site. The training can be obtained from Onondaga County Soil and Water Conservation District, which offers the program frequently, or from any of the sources identified on the NYSDEC website’s training calendar. At all times, at least one individual from every contractor company onsite must have in their possession a current certification card showing that they have completed the training in the last three years; a municipal inspector or state official can require an individual or firm to stop work and leave the site if they are not properly certified.

Inspections

There are two types of inspections that must be completed at all construction sites covered under the general construction permit (GP-0-10-001).  These include

  • Ongoing and routine inspections by the contractor(s) (in particular, an individual who has received the 4-hour training certification described above) to ensure that all practices are correctly installed and properly maintained. 
  • Weekly inspection completed by a qualified professional (Professional Engineer, Registered Landscape Architect, Certified Professional in Erosion & Sediment Control, or an individual working under direct supervision of a P.E. or RLA) on behalf of the site owner/operator.  In addition to detailed documentation of the condition and maintenance needs of all erosion and sediment control and stormwater management practices on the site, both in writing and through date-stamped photos, the inspection report must include a description of the condition of all natural surface waters within, or immediately adjacent to, the property boundaries of the site that receive runoff from disturbed areas. If any corrective action is required, it must begin within one business day of receipt of notification by the contractor.

 

Site stabilization

During the course of a project, all exposed soil that is not being worked or moved must be stabilized with mulch, vegetation, or other measures accepted in the NYS Standards and Specifications for Erosion and Sediment Control.

Upon completion of the construction project, all (100%) portions of the site that contained exposed soil must be stabilized with permanent vegetative cover to a density of 80 percent.

When a construction project is complete and has met the requirements of the construction permit, including final stabilization and installation of all post-construction stormwater controls, a Notice of Termination (NOT) form must be completed and submitted to the Department.

What additional information is in the Permit?

The SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-10-001) contains additional detailed guidance on the following topics:

  • Required SWPPP contents
  • Exceptions to post-construction stormwater requirements for certain types of projects
  • How to amend a SWPPP during the course of a construction project
  • How to obtain authorization to disturb greater than 5 acres at once, and additional applicable requirements
  • Changes in, or transfer of, project ownership
  • Activities that are ineligible for coverage and require a different permit from NYS DEC
  • Site inspection requirements
  • Information concerning temporary or seasonal site shutdowns with partial project completion

 

Additional information and relevant publications can also be found in CNY RPDB’s Stormwater Library .