Applicability. This chapter applies to discharges from industrial stormwater sources within those portions of the city of New York served by the municipal separate storm sewer system (MS4) and the discharge of stormwater from covered development projects.
(Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022)
Allowable runoff. The term "allowable runoff" means non-stormwater discharges associated with firefighting activities or as otherwise authorized by the commissioner pursuant to 15 RCNY Chapter 19.
Applicant. The term "applicant" means the person filing the online application for a stormwater construction permit or a stormwater maintenance permit. This may be the owner, developer, qualified professional or other person that is a registered user in the online application system.
Authorized inspection agent. The term "authorized inspection agent" means an individual who has been authorized pursuant to a contract entered into by the department to conduct inspections on behalf of the department.
Best management practices or BMPs. The term "best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the state. BMPs also include treatment requirements (if deemed necessary by the department), operating procedures, and practices to control site runoff, spillage and leaks, sludge or waste disposal, or drainage from raw material storage.
Certification of no exposure. The term "certification of no exposure" means the document submitted to NYSDEC to obtain a conditional exclusion of no exposure from NYSDEC under the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP).
Commence (Commencement of) development activities. The term "commence development activities" means the initial disturbance of soils associated with clearing, grading or excavation activities; or other construction related activities that disturb or expose soils such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices required in the Stormwater Pollution Prevention Plan (SWPPP).
Commissioner. The term "commissioner" means the commissioner of the New York City department of environmental protection.
Commissioner's order. The term "commissioner's order" means any order issued by the Commissioner that may be necessary for the enforcement of these rules.
Covered development project. The term "covered development project" means development activity, private or public, that involves or results in an amount of soil disturbance greater than or equal to 20,000 square feet or creation of 5,000 square feet or more of impervious surface, or covered roadway maintenance. Such term includes development activity that is part of a larger common plan of development or sale involving or resulting in soil disturbance greater than or equal to 20,000 square feet or creation of 5,000 square feet or more of impervious surface.
Covered Roadway Maintenance. The term “covered roadway maintenance” means maintenance work that involves 20,000 square feet or more in the municipal right-of-way (ROW) including milling and filling of existing asphalt pavements (“milling and paving”) and replacement of concrete pavement slabs.
Department. The term "department" means the New York City department of environmental protection.
Detention system. The term "detention system" means a system designed to slow and temporarily hold an accumulation of stormwater runoff and release it, at a controlled rate.
Developer. The term “developer” means a person that owns or leases land on which development activity that is part of a covered development project is occurring, or a person that has operational control over the plans and specifications for the development activity or covered roadway maintenance, including the ability to make modifications to the construction plans and specifications.
Development activity. The term "development activity" means creation of impervious surface and/or soil disturbance on a site including but not limited to land contour work, clearing, grading, excavation, demolition, construction, reconstruction, stockpiling activities or placement of fill. Clearing activities include but are not limited to logging equipment operation, the cutting and skidding of trees, stump removal, and/or brush root removal. Such term does not include routine maintenance.
Discharge. The term "discharge" means the introduction or release of any substance, whether knowing or unknowing, accidental or otherwise, to a public sewer or private sewer connected to a public sewer or to waters of the State, and shall include indirect discharges as defined herein.
Erosion and sediment controls. The term "erosion and sediment controls" means stormwater management practices designed to minimize the discharge of pollutants during development activities including, but not limited to, structural erosion and sediment control practices, construction sequencing to minimize exposed soils, soil stabilization, dewatering control measures, and other pollution prevention and good housekeeping practices appropriate for construction sites.
Final stabilization. The term "final stabilization" means that all soil disturbance activities have ceased and a uniform, perennial, vegetative cover with a density of 80 percent over the entire pervious surface has been established; or other equivalent stabilization measures, such as permanent landscape mulches, rock rip-rap or washed/crushed stone, have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement.
Flood management project. The term "flood management project" means a project designed and functioning to capture, detain or convey overland flow from a large drainage area to prevent downstream flooding associated with a 100-year or greater storm event, excluding projects such as installation and maintenance of storm sewers, high level storm sewers, Bluebelt storm sewers and drainage inlets, and other projects to improve drainage, alleviate localized flooding or reduce coastal flooding.
Impaired water. The term "impaired water" includes (i) a water body for which NYSDEC has established a total maximum daily load ("TMDL"), (ii) a water body for which NYSDEC expects that existing controls such as permits will resolve the impairment, and (iii) a water body identified by NYSDEC as needing a TMDL. A list of impaired waters is issued by NYSDEC pursuant to section 303(d) of the federal water pollution control act, chapter 26 of title 33 of the United States code.
Impervious area (cover). The term “impervious area (cover)” means all impermeable surfaces that cannot effectively infiltrate rainfall, including paved, concrete and gravel surfaces (e.g., parking lots, driveways, roads, runways and sidewalks); building rooftops; miscellaneous impermeable structures such as patios, pools, and sheds; and any portion of the site of a covered development project from which impervious cover was removed within five (5) years before SWPPP submission to the Department.
Indirect discharge. The term "indirect discharge" means a discharge from a private sewer to a public sewer, or a discharge to any street, gutter, pipe, channel, pumping station, catch basin, drain, waterway, or other conveyance leading to or connecting with a public sewer, including but not limited to the placement or abandonment of any substance which could reasonably enter a public sewer under the force of stormwater or other influence.
Industrial activity. The term "industrial activity" means the categories of activities designated as industrial by the SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) (GP-0-17-004).
Industrial stormwater source. The term "industrial stormwater source" means any premises or facility that is subject to the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP).
Larger common plan of development or sale. The term "larger common plan of development or sale" means a contiguous area where multiple separate and distinct development activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation including a sign, public notice of hearing, sales pitch, advertisement, drawing, permit application, uniform land use review procedure (ULURP) application, state environmental quality review act (SEQRA) or city environmental quality review (CEQR) application, application for a special permit, authorization, variance or certification pursuant to the zoning resolution, subdivision application, computer design, or physical demarcation (including boundary signs, lot stakes, and surveyor markings) indicating that development activities may occur on a specific plot. Such term does not include area-wide rezonings or projects discussed in general planning documents. For discrete development activities that are located within a larger common plan of development or sale that are at least 1/4 mile apart, each activity can be treated as a separate plan of development or sale provided that any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed.
MS4 area. The term "MS4 area" means those portions of the city of New York served by separate storm sewers and separate stormwater outfalls owned or operated by the city of New York or areas served by separate storm sewers owned or operated by the city of New York that connect to combined sewer overflow pipes downstream of the regulator owned or operated by the city of New York, and areas in which municipal operations and facilities drain by overland flow to waters of the state, as determined by the department.
MS4 Project. The term "MS4 project" means a covered development project that is subject, to the NYSDEC construction general permit.
Multi-sector general permit or "MSGP." The term "multi-sector general permit" or "MSGP" means the NYSDEC SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity, Permit No. GP-0-17-004 or its successor.
Municipal operations and facilities. The term "municipal operations and facilities" means any operation or facility serving a New York city governmental purpose and over which the City of New York has operational control.
No exposure. The term "no exposure" means that all industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff.
Nonpoint source. The term "nonpoint source" means any source of water pollution that does not meet the definition of "point source," as defined in these rules.
Notice of intent or NOI. The term "notice of intent" or "NOI" means for MS4 projects or industrial stormwater sources in the MS4 area the document submitted to NYSDEC to obtain coverage under the NYSDEC construction general permit or the MSGP.
Notice of termination or NOT. The term "notice of termination" or "NOT" means for MS4 projects or industrial stormwater sources in the MS4 area the document submitted to NYSDEC to terminate coverage under the NYSDEC construction general permit or the MSGP. For non-MS4 area projects, the term "notice of termination" or "NOT" means the document submitted to DEP to terminate coverage under the DEP SW construction permit.
NYC MS4 permit. The term "NYC MS4 permit" means the SPDES permit for MS4s of New York city, SPDES No. NY-0287890 or its successor.
NYC Stormwater Manual. The term "NYC Stormwater Manual" (the "Manual") refers, to the procedural and technical guidance document developed to inform owners/developers/applicants how to meet stormwater requirements set forth in this chapter and in 15 RCNY Chapter 31; the Manual is attached as an appendix to this chapter.
NYSDEC. The term "NYSDEC" means the New York State Department of Environmental Conservation.
NYSDEC construction general permit. The term "NYSDEC construction general permit" means the SPDES general permit for stormwater discharges from construction activities, Permit No. GP-0-15-002 or its successor.
Owner. The term "owner" means a person having legal title to premises, a mortgagee or vendee in possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership or control of premises.
Person. The term "person" means an individual, corporation, partnership, limited-liability company or other legal entity.
Point source. The term "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, or landfill leachate collection system from which pollutants are or may be discharged.
Pollutant. The term "pollutant" means dredged soil, filter backwash, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, and agricultural waste discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the State in contravention of the standards or guidance values adopted as provided in 6 NYCRR § 750-1.2(a).
Pollutants of concern (POCs). The term "pollutants of concern" or "POCs" means pollutants causing the impairment of an impaired water segment listed in Appendix I of the New York City MS4 permit, including nitrogen, phosphorus, fecal coliform, and garbage and refuse.
Post-construction stormwater management facility or post-construction facility. The term "post-construction stormwater management facility" or "post-construction facility" means a stormwater management practice serving a developed site and consisting of technology or strategies designed to reduce pollutants in stormwater runoff or reduce runoff rate or volume from the developed site through infiltration, retention, detention, direct plant uptake, filtration, or other method or treatment. Such term includes, but is not limited to, detention systems and retention systems.
Premises. The term "premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
Private sewer. The term "private sewer" means a private sanitary, storm, or combined sewer that is designed and constructed in accordance with the requirements of the City drainage plan to serve a specific development and discharges into an approved outlet.
Public sewer. The term "public sewer" means a sewer that is owned by the City of New York.
Qualified inspector. The term "qualified inspector" means a person who is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed Professional Engineer, a Certified Professional in Erosion and Sediment Control (CPESC), or a Registered Landscape Architect.
It can also mean someone working under the direct supervision of, and at the same company as, the licensed Professional Engineer or Registered Landscape Architect, provided that person has training in the principles and practices of erosion and sediment control. Training in the principles and practices of erosion and sediment control means that the individual working under the direct supervision of the licensed Professional Engineer or Registered Landscape Architect has received four (4) hours of NYSDEC endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other NYSDEC endorsed entity. After receiving the initial training, the individual working under the direct supervision of the licensed Professional Engineer or Registered Landscape Architect shall receive four (4) hours of training every three (3) years.
It can also mean a person that meets the Qualified Professional qualifications in addition to the Qualified Inspector qualifications.
Note: Inspections of any post-construction stormwater management practices that include structural components, such as a dam for an impoundment, shall be performed by a licensed Professional Engineer.
Qualified professional. The term "qualified professional" means a person who is knowledgeable in the principles and practices of stormwater management and treatment such as a licensed professional engineer or a registered landscape architect or other NYSDEC endorsed individual(s).
Individuals preparing SWPPPs that require the post-construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics. All components of the SWPPP that involve the practice of engineering, as defined by Article 145 of the NYS Education Law, shall be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York.
Retention system. The term "retention system" means a system designed to capture an accumulation of stormwater runoff on site through infiltration, evapo-transpiration, storage for reuse, or some combination of these.
Routine maintenance activity. The term "routine maintenance activity" means a maintenance activity including, but not limited to:
• Re-grading of gravel roads or parking lots;
• Stream bank restoration projects (does not include the placement of spoil material);
• Cleaning and shaping of existing roadside ditches and culverts that maintains the approximate original line and grade, and hydraulic capacity of the ditch;
• Cleaning and shaping of existing roadside ditches that does not maintain the approximate original grade, hydraulic capacity and purpose of the ditch if the changes to the line and grade, hydraulic capacity or purpose of the ditch are installed to improve water quality and quantity controls (e.g. installing grass lined ditch);
• Placement of aggregate shoulder backing that makes the transition between the road shoulder and the ditch or embankment;
• Removal of sediment from the edge of the highway to restore a previously existing sheet-flow drainage connection from the highway surface to the highway ditch or embankment; and
• Replacement of curbs, gutters, sidewalks, and guide rail posts; and
• Repairs made to SMPs to restore them to former condition or to operating order.
Separate stormwater outfall. The term "separate stormwater outfall" means a point where stormwater from a storm sewer or other source of concentrated stormwater flow, owned or operated by the city of New York, is discharged into a water of the state or to a separate storm sewer system that requires coverage under the NYSDEC MS4 general permit.
Sewer. The term "sewer" means a pipe or conduit for carrying sewage and/or stormwater. Except where otherwise specified or where the context clearly dictates otherwise, the term "sewer" as used in this chapter must refer to a public sewer.
Storm sewer. The term "storm sewer" means a sewer which conveys only stormwater.
Stormwater or stormwater runoff. The term "stormwater" or "stormwater runoff" means the runoff that is generated when precipitation from rain events or snowmelt flows overland and does not percolate into the ground.
Stormwater construction permit. The term "stormwater construction permit" means a permit issued by the department authorizing development activity on land on which there is a covered development project with an approved SWPPP.
Stormwater maintenance permit. The term "stormwater maintenance permit" means a permit issued by the department where maintenance is required of post-construction stormwater management facilities by owners of real property benefited by such facilities.
Stormwater management practices or SMPs. The term "stormwater management practices" or "SMPs" means measures to prevent flood damage or to prevent or reduce point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Such term includes erosion and sediment controls, post-construction stormwater management facilities, and practices to manage stormwater runoff from industrial activities.
Stormwater pollution prevention plan or SWPPP. The term "stormwater pollution prevention plan" or "SWPPP" means (i) when used in connection with a covered development project, a plan for controlling stormwater runoff and pollutants during construction and, where required by these rules, after construction is completed, or (ii) when used in connection with an industrial stormwater source, a plan, which is required by the MSGP, for controlling stormwater runoff and pollutants.
Surface waters of the state or waters of the state. The term "surface waters of the state" or "waters of the state" means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.
SWPPP acceptance form. The term " SWPPP acceptance form" means the form used to indicate acceptance of a SWPPP by the department.
Temporary shutdown. The term "temporary shutdown" means the suspension of development activity at a site with an approved stormwater construction permit.
Trained contractor. The term "trained contractor" means an employee of a contracting (construction) company, who has received four hours of NYSDEC-endorsed training in proper erosion and sediment control principles from a soil and water conservation district, or other NYSDEC-endorsed entity. After receiving the initial training, the trained contractor must receive four hours of training every three years. The term can also mean an employee of a contracting (construction) company who meets the qualifications required to be a qualified inspector. The trained contractor is responsible for the day-to-day implementation of the SWPPP during development activities.
(Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022; amended City Record 1/2/2024, eff. 2/1/2024)
As provided for Subchapter 4 of Chapter 5-A of Title 24 of the Administrative Code of the City of New York, §§ 24-581 through 24-590, inspectors and authorized inspection agents may issue orders and summonses for failure to comply with any provision or section of these rules, any condition of any permit issued under these rules, or any term or condition of a SWPPP approved by the department pursuant to these rules. All orders and summonses issued by inspectors and authorized inspection agents are subject to approval by the department.
(Added City Record 4/1/2019, eff. 6/1/2019)
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