The department shall promulgate rules to carry out the provisions of this subchapter, including but not limited to rules that:
a. Set forth the content of SWPPPs, including identifying those development projects requiring only erosion and sediment controls during construction and those development projects requiring erosion and sediment controls and post-construction stormwater management facilities.
b. Establish design standards for erosion and sediment controls and post-construction stormwater management facilities.
c. Establish exemptions from permit requirements.
d. Provide for the regulation of development activity of less than one acre, based either on total disturbance of soil or on amount of impervious surface created or replaced, where the department determines an appropriate reduction in the threshold is necessary to carry out the purposes of this chapter. In making such determination, the department shall evaluate the potential costs and the anticipated water quality benefits of lowering the threshold.
e. Establish procedures and fees for the review of SWPPPs and the issuance and renewal of permits required by this subchapter.
f. Establish training, experience and/or education requirements for qualified professionals and qualified inspectors.
g. Establish record keeping, inspection and reporting requirements for applicants and permittees to monitor compliance with this subchapter and approved SWPPPs.
h. Establish requirements for compliance certifications by contractors to be included with SWPPPs.
i. Establish standards for the maintenance, inspection, repair and replacement of required erosion and sediment controls and post-construction stormwater management facilities.
j. For MS 4 projects, ensure that such rules are not less stringent than the NYC MS4 permit and the NYSDEC construction general permit.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.