New York State Department of Environmental Conversations Stormwater MS4 Program Overview
Small municipal stormwater sewer systems (MS4s) that are located within the boundaries of a Census Bureau defined "urbanized area" are regulated under EPA's Phase II Stormwater Rule. This requires MS4s to develop a stormwater management program that will reduce the amount of pollutants carried by stormwater during storm events to water bodies to the "maximum extent practicable". The goal of the program is to improve water quality and recreational use of waterways.
MS4 stormwater programs have six elements called minimum control measures (MCM) that when implemented together, are expected to result in a reduction of pollutants discharged into water bodies.
Small municipal stormwater sewer systems (MS4s) that are located within the boundaries of a Census Bureau defined "urbanized area" are regulated under EPA's Phase II Stormwater Rule. This requires MS4s to develop a stormwater management program that will reduce the amount of pollutants carried by stormwater during storm events to water bodies to the "maximum extent practicable". The goal of the program is to improve water quality and recreational use of waterways.
MS4 stormwater programs have six elements called minimum control measures (MCM) that when implemented together, are expected to result in a reduction of pollutants discharged into water bodies.
The Goal of Stormwater Management is to ensure that the quality and quantity of stormwater runoff after development are not substantially altered from pre-development conditions.
6 Minimum Control Measures
1: Public Education and Outreach:
- Develop and implement an ongoing public education and outreach program designed to describe to the general public and target audience. A. The impact of stormwater discharges on water bodies. B. POCs and their sources C. Steps that contributors of these pollutants can take to reduce pollutants in stormwater runoff. 2: Public Involvement/ Participation:
- Comply with the State open meetings law and local public notice requirements, such as Open meetings law, when implementing a public involvement/ participation program. - Develop and implement a public involvement/ participation program that A. Identifies key individuals and groups, public and private, who are interested in or affected by the Stormwater Management plan. 3. Illicit Discharge Detection and Elimination (IDDE)- SMWP Development/ Implementation:
- Develop, implement and enforce a program to detect and eliminate illicit discharges into Small MS4 - Develop and maintain a map, at a minimum within the covered entity jurisdiction in the urbanized area and additionally designated area, showing: A. location of all outfalls and the names and location of all surface waters of the State that receive discharges from those outfalls. |
4. Construction Site Stormwater Runoff Control:
- Develop, implement and enforce a program that A. Provides equivalent protection to the NYS SPDES General Permit for stormwater discharges from Construction Activities. B. Address stormwater runoff to the small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. C. Includes a law, ordinance or other regulatory mechanism to require a SWPPP for each applicable land disturbing activity that includes erosion and sediment controls that meet state's most current technical standards. D. Contains requirements for construction site operators to implement erosion and sediment control management practices. E. Allows for sanctions to ensure compliance to the extent allowable by state law. F. Contains requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, pursuant to the requirement of construction permit. G. Describes procedures for SWPPP review with consideration of potential water quality impacts and review of individual SWPPPs to ensure consistency with State and local sediment and erosion control requirements. H. Describes procedures for receipt and follow up on complaints or other information submitted by the public regarding construction site storm water runoff. I. Describes procedures for site inspections and enforcement of erosion and sediment control measures including steps to identify priority sites for inspection and enforcement based on the nature of the construction activity topography, and the characteristics of soils and receiving water. J. Educates construction site owner/ operators, design engineers, municipal staff and other individuals to whom these regulations apply about the municipality's construction storm water requirements, when construction storm water requirements apply, to whom they apply, the procedures for submission of SWPPPs, construction site inspections, and other procedures associated with control of construction storm water. K. Ensures that construction site operators have received erosion and sediment control training before they do work within the covered entity's jurisdiction and maintain records of that training. L. Establishes and maintains an inventory of active construction sites, including the location of the site, owner/operator contact information. M. Develop, record, periodically assess and modify as needed measurable goals N. Select and appropriate construction storm water BMPs and measurable goals to ensure the reduction of all POCs in storm water discharges to the MEP. |
5. Post- Construction Stormwater Management:
- Develop, implement and enforce a program that A. Provides equivalent protection to the NYS SPDES General Permit for Stormwater Discharges from Construction Activities. B. Addresses stormwater runoff from new development and redevelopment projects to the small MS4 from projects that result in a land disturbance of greater than or equal to one acre. C. Includes a law, ordinance or other regulatory mechanism to require post construction runoff controls from new development and re- development projects to the extent allowable under State law that meet the State's most current technical standards. D. Includes a combination of structural or non structural management practices that will reduce the discharge of pollutants to the MEP. In the development of the watershed plans, municipal comprehensive plans, open space preservation programs, local law, ordinances and land use regulations, covered entities must consider smart growth principles, natural resources protection, impervious area reduction, maintaining natural hydrologic conditions in developments, riparian buffers or set back distances for protection of environmentally sensitive areas such as streams, wetlands, and erodible soils. E. Describes procedures for SWPPP review with consideration of potential water quality impacts and review of individual SWPPPs to ensure consistency with state and local post- construction stormwater requirements. F. Maintain an inventory of post- construction stormwater management practices within the covered entities jurisdiction. At a minimum, include practices discharging to the small MS4 that have been installed since March 10, 2003, all practices owned by the small MS4, and those practices found to cause or contribute to water quality standard violations. G. Ensures adequate long-term operation and maintenance of management practices identified in part VII.5.a.vi by trained staff, including inspection to ensure that practices are performing properly. H. Covered entities may include in the SWMP plan provisions for development of a banking and credit system. MS4s must have existing watershed plan based on which offsite alternative stormwater management in lieu of or in addition to onsite stormwater management practices are evaluated. Redevelopment projects must be evaluated for pollutant reduction greater than required treatment by the state standards. The individual project must be reviewed and approved by the department. Use of banking and credit system for new development is only acceptable in the impaired watersheds to achieve pollutant reductions in accordance with watershed plan load reduction goals. I. Develop, implement and provide adequate resources for a program to inspect development and re- development sites by trained staff and to enforce and penalize violators. J. Develop, record, annually assess and modify ad needed measurable goals. K. Select and implement appropriate post- construction storm water BMPs and measurable goals to ensure the reduction of all POCs in storm water discharges to the MEP. |
6. Pollution Prevention/ Good Housekeeping for Municipal operations- SWMP Development / Implementation:
- Develop and implement a pollution prevention/ good housekeeping program for municipal operations and facilities that: A. Addresses municipal operations and facilities that contribute or potentially contribute POCs to the small MS4 system. The operations and facilities may include, but are not limited to: street and bridge maintenance ; vehicle and fleet maintenance park and open space maintenance; municipal building maintenance; solid waste management; new construction and land disturbance; right-of-way maintenance; marine operations; hydrologic habitat modification. B. At a minimum frequency of once every three years, perform and document a self assessment of all municipal operations addressed be the SWMP. 1. Determine the sources of pollutants potentially generated by the covered entity's operations and facilities 2. Identify the municipal operations and facilities that will be addressed by the pollution prevention and good housekeeping program, if it is not done already. C. Determines management practices, policies, procedures, etc. that will be developed and implemented to reduce or prevent the discharges of pollutants. Refer to management practices identified in the "NYS Pollution Prevention and Good Housekeeping Assistance Document" and other guidance materials available from the EPA, State, or other organization. D. Prioritize pollution prevention and good housekeeping efforts based on geographic area, potential to improve water quality, facilities or operations most in need of modification or improvement, and covered entity's capabilities. E. Addresses pollution prevention and good housekeeping priorities. F. Includes an employee pollution prevention and good housekeeping training program and ensures that staff receive and utilize training. G. Requires third party entities performing contracted services, including but not limited to street sweeping, snow removal, lawn/ground care, to meet permit requirements as the requirements apply to the activity performed. H. Requires municipal operations and facilities that would otherwise be subject to the NYS Multi- sector General permit for industrial stormwater discharges to prepare and implement provisions in the SWMP that comply with parts III. A,C,D,J,K and L of the MSGP. The covered entity must also perform monitoring and record keeping in accordance with part IV. of the MSGP. Discharge monitoring reports must be attaches to the MS4 annual report. Those operations of facilities are not required to gain coverage under the MSGP. Implementation of the above noted provisions of the SWMP will ensure that MEP is met for discharges from those facilities: 1. Consider and incorporate cost effective runoff reduction techniques and green infrastructure in the routine upgrade of the existing storm water conveyance systems and municipal properties to the MEP. 2. Select and implement appropriate pollution prevention and good housekeeping BMPs and measurable goals to ensure the reduction of all POCs in storm water discharges to the MEP. 3. Adopt techniques to reduce the use of fertilizers, pesticides, and herbicides as well as potential impact to surface water. |
Electronic Version of SWMP will be available soon!