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Before the commencement of development activity on the site of a covered development project the developer must submit to the department for review in accordance with rules of the department a stormwater pollution prevention plan, certified by a qualified professional, and for MS 4 projects covered by the NYSDEC construction general permit a copy of the notice of intent. The department or a qualified professional designated by the department shall review the SWPPP within time periods to be specified in the rules of the department. If the department accepts the SWPPP and all other requested documentation, the department shall issue a stormwater construction permit to the developer and, for MS 4 projects subject to the NYSDEC construction general permit, shall issue an MS4 SWPPP acceptance form for filing with NYSDEC. If the department rejects the SWPPP the department shall send notice of such rejection to the developer indicating the specific deficiencies that caused the department to reject the SWPPP. The department may require that the SWPPP and other documents be submitted electronically.
(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.
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.
A copy of the SWPPP shall be retained at the site of the project from the date of initiation of development activities to the date of termination of the project as determined in accordance with the rules of the department and shall be made available to officers and employees of the department and/or qualified inspectors authorized by the department in accordance with the rules of the department.
(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.
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