§ 19.1-02 — Industrial and Commercial Stormwater Sources

§ 19.1-02 Industrial and Commercial Stormwater Sources.

§ 19.1-02.1 General Requirements. (a) Applicability. This section applies to industrial stormwater sources within the MS4 area and industrial or commercial premises or facilities in the MS4 area that the department determines may contribute a significant pollutant load to the MS4. (b) Compliance Requirements. All industrial stormwater sources must comply with all applicable conditions of the MSGP, including, but not limited to, all applicable effluent limitations, reporting requirements, and the requirement to develop and implement a SWPPP. (c) Providing False or Misleading Information. It shall be unlawful to make any material false statement, representation, or certification in any application, record, report, plan, or other document filed with the department or required to be maintained under the MSGP or by the Commissioner. (Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022) § 19.1-02.2 Notification to the Department. Upon submittal to NYSDEC, an industrial stormwater source must submit to the department at the address provided on the department's website copies of the following documents: (i) completed NOI, (ii) certification of no exposure (if applicable), and (iii) NOT. Such facility must also submit copies of any correspondence between the facility and NYSDEC to the department at the address provided on the department's website. (Added City Record 4/1/2019, eff. 6/1/2019) § 19.1-02.3 Inspections. (a) MSGP-permitted facilities. The department or an authorized inspection agent may enter and inspect any industrial stormwater source, including, but not limited to, its equipment, practices, operations and records, and will, at a minimum, conduct inspections of such sources in accordance with the schedule and requirements for such inspections set forth in the NYC MS4 Permit and these rules. The department or an authorized inspection agent must conduct such entry and inspection during normal operating hours for purposes of determining compliance with the MSGP and these rules. Such inspections may include, but need not be limited to, the following: (1) Conducting a visual observation for evidence of unauthorized discharges, illicit connections, and potential discharges of pollutants to stormwater; (2) Evaluating the facility's compliance with applicable MSGP requirements; and (3) Evaluating the facility's compliance with any other relevant local stormwater requirements. (b) Unpermitted industrial and commercial facilities. The department or an authorized inspection agent may enter and inspect any unpermitted premises or facilities within the MS4 area, as required by the MS4 permit, during normal operating hours. The department will inspect unpermitted facilities to identify those that may contribute a significant pollutant load to the MS4 and will refer those to NYSDEC. The department or an authorized inspection agent may inspect the facility, including, but not limited to, its equipment, practices, operations and records, consistent with applicable law. (c) Access for inspections. If access to property the department seeks to inspect pursuant to this section is denied, the department may seek judicial authorization, and an authorized representative of the department may enter pursuant to such authorization. In the event of exigent circumstances, an authorized representative of the department may enter on any property without such judicial authorization to inspect for compliance with these rules or Chapter 5-A of Title 24 of the Administrative Code of the City of New York or to execute orders of the commissioner issued pursuant thereto. (d) Interference with department personnel. No person shall interfere with or obstruct a duly authorized representative of the department, bearing proper credentials and identification, from inspecting or from otherwise entering all properties, public or private, including providing access to equipment, plumbing, or industrial or commercial processes as necessary for the completion of such inspection, in accordance with paragraph (c) of this subdivision, for the purpose of inspection, observation, sampling and testing as necessary to determine compliance with these rules or Chapter 5-A of Title 24 of the Administrative Code or to execute the orders of the Commissioner issued pursuant thereto. (Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022) § 19.1-02.4 Recordkeeping. (a) Industrial stormwater sources must submit to the department copies of all documents submitted to NYSDEC under the MSGP, including, but not limited to, Discharge Monitoring Reports (DMRs), Annual Certification Reports, and Corrective Action Forms, and must copy the department on all permit-related correspondence with NYSDEC. (b) Industrial stormwater sources shall maintain and preserve copies of the NOI, NOT, Acknowledgement Letters, and the SWPPP for no fewer than five years from the date that the NYSDEC receives a complete NOT submitted in accordance with the MSGP, and shall maintain and preserve all monitoring records for a period of at least five years from the date of the sample, measurement, report, or application. (c) Industrial stormwater sources must retain on-site and, upon request, make immediately available to the department, in accordance with applicable law, the following documents as evidence of compliance with applicable MSGP requirements: (1) Copies of the MSGP and NOI, as submitted to NYSDEC; (2) SWPPP; (3) Annual Certification Reports; (4) Comprehensive site inspection results; (5) Quarterly visual monitoring; (6) Annual dry weather flow monitoring; (7) Required monitoring data, including, but not limited to numeric benchmark monitoring; (8) Compliance monitoring for discharges subject to numeric effluent limitations; (9) Monitoring of discharges from secondary containment at storage and transfer areas; and (10) Monitoring of discharges to impaired waterbodies. (Added City Record 4/1/2019, eff. 6/1/2019)