Stormwater Management for Water Pollution Control

RCNY tit. 15, ch. 19.1

in effect

15 RCNY § 19.1-01 General Administration and Enforcement.

§ 19.1-01 General Administration and Enforcement. § 19.1-01.1 Applicability. 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) § 19.1-01.2 Definitions. 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) § 19.1-01.3 Inspectors and Authorized Inspection Agents. 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) § 19.1-01.4 Penalties and Sanctions. Any person who is in violation of or fails to comply with any provision of any section of these rules; any condition of any permit issued under these rules or any term or condition of a SWPPP; or any order or determination issued pursuant to this chapter will be subject to the fines, penalties and other sanctions provided in § 24-558 and Subchapter 4 of Chapter 5-A (§§ 24-580 through 24-587) of Title 24 of the Administrative Code of the City of New York. (Added City Record 4/1/2019, eff. 6/1/2019) § 19.1-01.5 Appeals of Commissioner's Orders. (a) Within the time specified for compliance in a commissioner's order issued pursuant to Chapter 5-A of the Administrative Code of the City of New York, or as otherwise specified in the order, the party named in the order may submit a written statement appealing the commissioner's order to the department in the manner specified in the order except that the time for appeal of a commissioners order shall not be less than 10 days from the date of service of such order. (b) In the event that the department determines that non-compliance with the order poses a significant risk of imminent harm to public health or safety or to the environment, the party will be notified and will be required to comply with the order in the specified time, or within an alternative time specified by the department, notwithstanding that an appeal is taken. (c) The department must review appeals and make a final written determination regarding the appeal within a reasonable period of time. The department will mail final determinations to the party named in the order. (1) If the department sustains an appeal in whole or in part, then the stated terms of the final determination on appeal will replace the original requirements of such order. (2) If an appeal is denied, the final determination will specify a reasonable period of time for compliance based on the circumstances, except in the case of an order where compliance is required at an earlier time as described in subdivision (b) of this section. The final determination by the department is subject to review pursuant to article 78 of the civil practice laws and rules. (Added City Record 4/1/2019, eff. 6/1/2019)

15 RCNY § 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)

15 RCNY § 19.1-03 Construction and Post-Construction Stormwater Sources.

§ 19.1-03 Construction and Post-Construction Stormwater Sources. § 19.1-03.1 Applicability. (a) 15 RCNY § 19.1-03 applies to covered development projects, public and private. (1) The following activities are not considered covered development projects: (i) Routine maintenance activities; and (ii) Emergency activities that are immediately necessary for the protection of life, property or natural resources. (b) Applicability to Existing Projects. (1) 15 RCNY § 19.1-03 does not apply to any development activity with a letter of acknowledgment of notice of intent for coverage under the NYSDEC construction general permit issued by NYSDEC before June 1, 2019. (2) 15 RCNY § 19.1-03 does not apply to any development activity with a valid individual State Pollutant Discharge Elimination System (SPDES) permit issued by NYSDEC for construction activity before June 1, 2019. (3) 15 RCNY § 19.1-03 does not apply to any covered development project, other than an MS4 project, where an application for construction document approval for the construction of such project was filed with the Department of Buildings or the Department of Small Business Services, as applicable, prior to March 26, 2021. (4) The amendments to this chapter effective on February 15, 2022 do not apply to any development activity with an MS4 SWPPP acceptance form issued within two years prior to such date. (5) 15 RCNY § 19.1-03 does not apply to any covered development project of less than 1 acre (other than a project of less than 1 acre all or any part of which is within an area that was rezoned as a result of a zoning map amendment application filed by the Department of City Planning, that received final approval after November 15, 2021, and which project seeks to develop a parcel of land pursuant, to the rezoning), if prior to February 15, 2022 an application for construction document approval was filed with the Department of Buildings or the Department of Small Business Services for such project. (6) 15 RCNY § 19.1-03 does not apply to any covered development project of less than 1 acre all or any part of which is within an area that was rezoned as a result of a zoning map amendment application filed by the Department of City Planning, that received final approval after November 15, 2021, and which seeks to develop a parcel of land pursuant, to the rezoning, if prior to December 10, 2021, a permit for the construction of such project was issued by the Department of Buildings or the Department of Small Business Services, as applicable. (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) § 19.1-03.2 Inspections by the Department. (a) The department or an authorized inspection agent may inspect, at a reasonable time and in a reasonable manner, anything that affects or may affect the quality of the waters of the state, including but not limited to the premises where a covered development project is being conducted; or the premises for which an application has been filed with the department for plan or permit approval; or the premises for which the department has issued a stormwater construction permit or stormwater maintenance permit. (b) The department or an authorized inspection agent may enter onto property subject to a maintenance easement in accordance with the terms of such easement. For property that is not subject to a maintenance easement, an authorized representative of the department may enter on any property to inspect for compliance with this chapter 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. If access to such property is denied, the department may seek judicial authorization, and such representative 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. Inspections pursuant to this paragraph may include observation, sampling and testing as necessary. (Added City Record 4/1/2019, eff. 6/1/2019) § 19.1-03.3 Permits. (a) Permit Program Requirements. (1) Permit applications and applications to amend permits must be filed electronically on the department's web site. (2) The developer and owner of a site must certify that the application is being submitted on their behalf. (3) Qualified professionals who have prepared application materials are required to certify that the materials submitted meet the technical standards included in the NYSDEC construction general permit and these rules. (4) In addition to technical standards included in this section, stormwater management practices must be designed and constructed in accordance with the following technical standards for performance and design: (i) The New York City Stormwater Manual, incorporated as an appendix to this chapter. (ii) The New York State Stormwater Management Design Manual January 2015 or its successor including the enhanced phosphorus removal standards. (iii) New York Standards and Specifications for Erosion and Sediment Control, dated November 2016, or its successor. (5) Where, in any specific case, different provisions of this chapter or of the technical standards incorporated by reference specify different materials, methods of construction or other requirements, the most restrictive shall govern. (6) Exemptions for certain covered development projects. (i) A permit is not required for a covered development project that drains to waters of the state through an outfall approved by NYSDEC unless the outfall is owned or operated by the city of New York. (ii) Upon receiving an application, DEP may determine that a permit is not required for a covered development project where a public combined or storm sewer is not available. (iii) Covered roadway maintenance must implement erosion and sediment control practices in accordance with the NYC Stormwater Manual (Chapter 7 Roadway Maintenance requirements) but does not require a permit under this section. (b) Stormwater Construction Permit. (1) Except as otherwise provided in paragraph (6) of subdivision (a) of this section or subdivision (b) of 15 RCNY § 19.1-03.1, no developer may perform development activity in connection with a covered development project, public or private, without having first obtained a stormwater construction permit from the department. The commissioner, in his or her discretion, may impose such terms and conditions in the permit as he or she deems necessary to protect the sewer system or to protect the public health or welfare. (2) Recordkeeping. The developer must keep and maintain records of all inspections and tests required to be performed during construction throughout the period of construction and for five years after completion of construction. (3) Permit application requirements. (i) To obtain a permit, an applicant must complete and file an application available on the department's website. The application must be accompanied by a processing fee of $1,000 dollars in addition to a $2,000 dollar fee per acre of land disturbed. (ii) When a covered development project consists entirely of installation of an environmental enhancement project made up of one or more stormwater management practices, and does not include other development, DEP may exempt the owner or developer from payment of any fees associated with these rules. (iii) The application must include certification by a developer that the covered development project that is the subject of the application is in full compliance with City Environmental Quality Review, 62 RCNY Chapter 5. (iv) The application must include a SWPPP prepared, signed, and sealed by a qualified professional. (v) All components of the SWPPP that involve the practice of engineering, as defined by Article 145 of the NYS Education Law, must be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York. The SWPPP must be submitted in an electronic format acceptable, to the department, as further detailed on the department's website. The SWPPP must contain all applicable elements required in the NYSDEC construction general permit and in this chapter, as determined by the Department, as follows: A. Background information about the scope of the project, including type and size of project; B. Site map/construction drawing(s) for the project, including a general location map., at a minimum, the site map should show: (1) The total site area; (2) All improvements including underground utilities; (3) Areas of disturbance; (4) Areas that will not be disturbed; (5) Existing vegetation; (6) On-site and adjacent off-site surface water(s); (7) Floodplain/floodway boundaries; (8) Wetlands and drainage patterns that could be affected by the development activity; (9) Existing and final contours; (10) Location of soil types with boundaries; (11) Material, waste, borrow or equipment storage areas located on adjacent properties; and (12) Location(s) of the stormwater discharge(s). C. A description of the soil(s) present, at the site; D. A construction phasing plan describing the intended sequence of development activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity, at the site that results in soil disturbance; E. A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff; F. A description of the minimum erosion and sediment control practices to be installed or implemented for each development activity that will result in soil disturbance or creation of impervious surface and for each covered maintenance activity, including a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented; G. A site map or construction drawing or drawings specifying the location, size and length of each erosion and sediment control practice; H. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins and structural practices that will be used to divert flows from exposed soils; I. A temporary and permanent soil stabilization plan that meets the requirements of these rules and the technical standard, for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization; J. A maintenance inspection schedule for the trained contractor(s), to ensure continuous and effective operation of the erosion and sediment control practices; K. The name or names of the receiving waters; L. A delineation of SWPPP implementation responsibilities for each part of the site; M. A description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit the runoff and the discharge of pollutants from exposed areas of the site, to the degree, attainable; and N. Any existing data that describe the stormwater runoff, at the site including but not limited to calculations to size n control practices. O. Identification of any elements of the design that are not in conformance with the design criteria in the technical standards listed in (a)(4) of this section. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent, to the technical standard. P. Development activities that are on Table 2.3 of the NYC Stormwater Manual in covered development projects under these rules must prepare a SWPPP that includes post-construction stormwater management practices. However, with respect to covered development projects for road construction or reconstruction that are less than one acre and for covered maintenance activities, erosion and sediment control practices will be required, but no post-construction stormwater management practices will be required. (4) Development activities that alter hydrology, reduce perviousness or include the reconstruction of an impervious surface that disturbs soil, must develop a SWPPP that includes post-construction stormwater management practices. (5) SWPPPs for projects that require post-construction stormwater management practices must be prepared, signed, and sealed by a qualified professional who has an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics, and the SWPPPs must include the following items: (i) All information required in 15 RCNY § 19.1-03.3(b)(3), above; (ii) A description of each post-construction stormwater management practice designed to retain or infiltrate stormwater or documentation, as further required by the NYC Stormwater Manual, that retention or infiltration is not possible and a description of the selected practice; (iii) A site map or construction drawing or drawings showing the specific location and size of each post-construction stormwater management practice; (iv) Dimensions, material specifications and installation details for each post-construction stormwater management practice; (v) A hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms that includes, but is not limited to: A. Map or maps showing pre-development conditions, including watershed / subcatchments boundaries, flow paths/routing and design points; B. Map or maps showing post-development conditions, including watershed / subcatchments boundaries, flow paths/routing, design points and post-construction stormwater management practices; C. Results of stormwater modeling (i.e. hydrology and hydraulic analysis) for the required storm events. Include supporting calculations (model runs), methodology, and a summary table that compares pre- and post-development runoff rates and volumes for the different storm events; D. Summary table, with supporting calculations, which demonstrates that each post-construction stormwater management practice has been designed in conformance with the sizing criteria included in the technical standards, as further described in 15 RCNY § 19.1-03.3(a)(4) above; and E. Identification of any elements of the design that are not in conformance with the performance criteria in the technical standards. Include the reason or reasons for the deviation or alternative design and provide information, which demonstrates that the deviation or alternative design is equivalent, to the technical standards. (vi) Soil testing results and locations (test pits, borings); (vii) Infiltration testing results and locations when an infiltration practice will be implemented; (viii) An operations and maintenance plan that includes inspection and maintenance schedules and actions, to ensure continuous and effective operation of each post-construction stormwater management practice. The plan must identify the entity that will be responsible for the long-term operation and maintenance of each practice; (ix) For flood management projects, the SWPPP must include an analysis of the impact of the project on existing water quality of receiving waters; (x) For covered development projects located in the watersheds identified in Appendix 1 of the NYC MS4 permit NY-0287890, or most current, and for which there is an increase in impervious area, the SWPPP must include a pollutant loading analysis that demonstrates that the proposed post-construction stormwater management practices meet the no net increase requirement as further provided in the New York City Stormwater Manual; and (xi) Plans, drawings and maps that are part of the SWPPP must be submitted, at a scale not smaller than 1" = 50' unless otherwise specified by the department. (6) Additional requirements for projects that disturb five acres or more. The owner or developer of a development activity must not disturb greater than five acres of soil, at any one time without prior written authorization from the department., at a minimum, the owner or developer must comply with the following requirements in order to be authorized to disturb greater than five acres of soil, at any one time: (i) The owner or developer must have a qualified inspector conduct, at least two site inspections in accordance with the NYSDEC construction general permit every seven-calendar days, for as long as greater than five acres of soil remain disturbed. The two inspections must be separated by a minimum of two full calendar days; (ii) In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven days from the date the current soil disturbance activity ceased. The soil stabilization measures selected must be in conformance with the technical standard, New York State Standards and Specifications for Erosion and Sediment Control, dated November 2016; (iii) The owner or developer must prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fill; and (iv) The owner or developer must install any additional site-specific practices needed to protect water quality. (7) Application review and determinations. (i) The department or a qualified professional employed by the City of New York will review applications for compliance with the NYSDEC construction general permit and these rules. (ii) The department will issue a determination within 45 days of submittal of the complete application and fee, to the department. However, with respect to submissions that include non-conforming designs per 15 RCNY § 19.1-03.3(b)(3)(iv)(O) and 15 RCNY § 19.1-03.3(b)(4)(v)(E), the department will issue a determination within 60 days of submittal of the complete application and fee, to the department. (iii) If an application meets the standards set forth herein, the department will provide the applicant with a SWPPP acceptance form. If the developer does not obtain a stormwater construction permit for the project within two years from the date of issuance of the SWPPP acceptance form, the plan approval will expire and a new permit application must be submitted. (iv) If an application does not meet the standards set forth herein, the department will send notice, to the developer indicating the specific deficiencies that caused the department to reject the application. Applicants may re-apply upon addressing the deficiencies. (8) Issuance of the Stormwater Construction Permit. (i) Permit issuance under the rule is not subject to environmental review, pursuant to 6 NYCRR § 617.5(c)(25). (ii) The owner or developer must file a Permit Initiation Form, including the name and contact information for a qualified inspector. (iii) Before the department will issue a stormwater construction permit for an MS4 project, the applicant must provide a copy of the NYSDEC SPDES permit number and NOI acknowledgement letter. (iv) The contractor with primary responsibility for the project site must file a Permit Request Form that includes a certification that the contractor will comply with these rules, with the SWPPP and with the terms and conditions of this permit, and provides credentials for the trained contractor who will be responsible for overseeing day-to-day operations, at the project site during construction. (v) When the department requires post-construction stormwater management practices, it must not issue a stormwater construction permit for the project until the execution and recording of a maintenance easement, as follows: A. The maintenance easement will be binding on all subsequent owners of the real property served by such post-construction stormwater management practice. B. The maintenance easement must provide for access to post-construction stormwater management practices, at reasonable times in accordance with the law for periodic inspection by the department or qualified professionals authorized by the department, to ensure that such practices are maintained in good working condition to meet the applicable design standards. C. The grantor must record the maintenance easement in the office of the city register or, if applicable, the county clerk, after approval by the corporation counsel. D. A maintenance easement is not required when the corporation counsel has determined that such a maintenance easement is not necessary due, to the property's ownership or use by a public agency or instrumentality. For post-construction stormwater management practices subject to such an exception, when there is a subsequent conveyance or cessation of public use, the corporation counsel may require the execution and recording of a maintenance easement, at that time. (9) Permit conditions. (i) The applicant and all contractors and subcontractors responsible for implementation of the SWPPP must comply with these rules, the SWPPP, NYSDEC construction general permit, if applicable, and the terms and conditions of the stormwater construction permit. (ii) A stormwater construction permit must be renewed every two years from date of issuance. (iii) An application for permit renewal for two years or for a permit extension for up to one year must be submitted, to the department, pursuant to 15 RCNY § 19.1-03.3(b)(10). (iv) The contractor or developer must notify the department no fewer than 7 days prior, to the start of development activity. (v) A copy of the permit must be retained and displayed, at the site of the development activity during construction, from the date of initiation of development activities, to the date of final stabilization of the site. (vi) A copy of the approved SWPPP must be retained, at the site of the development activity from the date of initiation of development activities, to the date of final stabilization (vii) The developer must have a trained contractor inspect daily the erosion and sediment control practices and pollution prevention measures being implemented within the active work area, to ensure that they are being maintained in effective operating condition, at all times. The trained contractor must document (e.g., log) these daily inspections. If deficiencies are identified, the contractor shall begin implementing corrective actions within one business day and shall complete the corrective actions in a reasonable time frame. (viii) The developer must have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days, as detailed in the NYSDEC construction general permit. If deficiencies are identified, the contractor must begin implementing corrective actions within one business day and must complete the corrective actions in a reasonable timeframe. (ix) The developer must notify the department of an anticipated temporary shutdown a minimum of seven days before the shutdown, and must submit documentation showing that the site is stable and that all stormwater management practices are operational. The developer will be responsible for having a qualified inspector visit the site and inspect it, at least once every 30 days during the shutdown. In addition, all permits must be kept current during the suspension of development activity. (x) If the developer terminates construction without completing the project, the developer must submit a closure plan demonstrating that the site will remain stable and that all completed stormwater management practices are operating as designed and in compliance with department rules. Any project that has post-construction stormwater management practices that are constructed and operating must comply with 15 RCNY § 19.1-03.3(c). (xi) All amendments, to the SWPPP must be submitted, to the department. (xii) Major amendments, to the SWPPP must be submitted, to the department and will be processed and approved or disapproved in the same manner as the original SWPPP. An application must be accompanied by a $1,000 fee per disturbed acre for processing of the amendment. Major amendments include, but are not limited to: A. Changes to structural stormwater management practices; or B. Changes that require new stormwater modeling or changes to modeling methodology. (10) Expiration and extension of plan approval and permit, and permit renewal. (i) A plan approval will expire if the permit is not requested within two years of issuance of the SWPPP acceptance form. The department may, upon written presentation of sufficient justification for delay and a fee of $1,000 per disturbed acre, made 30 days prior, to the expiration of a plan approval, grant an extension of time of up to one year to request a permit. If the plan approval expires, a new permit application must be submitted. (ii) A stormwater construction permit will expire if: A. The commencement of development activities does not take place within one year of the permit issuance; or B. Development activity is not completed by a date specified in the permit; or C. The permitted work is suspended or abandoned for a continuous period of 12 months (or less than 12 months if the permit expires earlier). (iii) The department may, upon written presentation of sufficient justification for delay and a fee of $1,000 per disturbed acre made 30 days prior, to the expiration of a permit, grant a one-time extension of time of up to one year to begin or complete the work prescribed under the permit. Expired permits will require re-application as detailed in the permit conditions. (iv) An application for permit renewal for two years must be submitted, to the department no less than 30 days prior, to the permit expiration date and must be accompanied by a processing fee in the amount of $1,000 dollars in addition to a $2,000 dollar fee per acre of land disturbed. (11) Notice of Termination. (i) An owner or developer of a covered development project that has completed all development activities must submit a completed NOT, to the department for sign-off prior to submitting the NOT to NYSDEC. The department will review the completed NOT, to ensure that the following conditions have been met: A. All development activities identified in the SWPPP have been completed; B. All areas of disturbance have achieved final stabilization; C. All temporary structural erosion and sediment control measures have been removed; and D. Any post-construction stormwater management practices identified in the SWPPP have been constructed in conformance with the SWPPP and are operational. (ii) An owner or developer of a covered development project that requires a planned shutdown with partial project completion must submit a completed NOT, to the department for sign-off prior to submitting the NOT to NYSDEC. The department will review the completed NOT, to ensure that the following conditions have been met: A. All soil disturbance has ceased; B. All areas disturbed as of the project shutdown date have achieved final stabilization; C. All temporary structural erosion and sediment control measures have been removed; and D. Any post-construction stormwater management practices required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational. (c) Stormwater Maintenance Permit. (1) Permit application. (i) Upon final stabilization of the site, covered development projects requiring a SWPPP that includes post-construction stormwater management practices under these regulations will be required to obtain and maintain a stormwater maintenance permit. (ii) To obtain a permit, an owner must file an application on the department's website. The application must be accompanied by the following: A. NYSDEC NOT as provided for under 15 RCNY § 19.1-03.3(b)(11); B. As-built plan of the site's stormwater management practices, including inverts in and out of all structures, at a scale no less than 1" to 50' in an electronic format acceptable, to the department signed and sealed by a qualified professional; C. An operation and maintenance manual, in an electronic format acceptable, to the department; D. Name and contact information for the person or company designated to maintain the practices; and E. Sewer certification, as required by the department (pursuant to 15 RCNY Chapter 19). (2) Post-construction stormwater management practices are not required for the following covered development projects: (i) Covered development projects identified as activities that require only an erosion and sediment control component in the NYSDEC construction general permit except for the installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains; and (ii) Installation of underground, linear utilities, such as gas lines, fiber-optic cable, cable TV, electric, telephone, sewer mains, and water mains where surface will be restored, to the existing condition. (3) Permit conditions. (i) The Maintenance Entity must document (e.g., log) any maintenance activities undertaken pursuant, to the operation and maintenance plan. (ii) The owner must submit, to the department annually, not more than 30 days before and not later than the anniversary date of the issuance of the stormwater maintenance permit, a certification signed by the owner that the stormwater management practices are operating as designed. (iii) The owner of the site must renew the stormwater maintenance permit every five years. An application for renewal must be submitted, to the department no less than 30 days prior, to the permit expiration date and must be accompanied by a report certified by a qualified professional that the stormwater management practices are operating as designed and a fee of $1,500. (iv) A licensed professional engineer must perform inspections and certifications of any post-construction stormwater management practices that include structural components, such as a dam for an impoundment. (v) The owner of the site must notify the department of any sale or conveyance of the premises and must provide the name of and contact information for the new owner. (4) Modification of a practice covered by a stormwater maintenance permit. (i) Should the owner wish to modify a stormwater management practice covered by a stormwater maintenance permit, the owner must submit an application for modification of the stormwater maintenance permit (available on the department's website). (ii) The application for modification of the stormwater maintenance permit must include calculations and supporting documentation to demonstrate that the practice is, at least as protective of water quality as the existing practice and that it controls stormwater flows as required by the NYSDEC construction general permit. (iii) The department will review the application following the criteria for new applications. (5) Inspections. As also provided in 15 RCNY § 19.1-03.2, the department or an authorized inspection agent may conduct periodic inspections, to ensure that post-construction stormwater management practices are maintained in good working condition to meet the applicable design standards. (6) Recordkeeping. The owner must keep and maintain records of all required post-construction inspections and tests for five years after performance of such inspections or tests. The owner must keep and maintain all as-built drawings for the life of the post-construction stormwater management practice. (7) Should any provision of these rules and a provision in the NYS construction general permit differ, the more stringent of the two provisions will apply. (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) § 19.1-03.4 Selecting SMPs Using the SMP Hierarchy. (a) SMPs must be selected, using the SMP hierarchy, as follows, and as more fully described in the NYC Stormwater Manual: (1) Vegetated retention practices must be used, to the maximum extent practicable to meet requirements. (2) Where vegetated retention practices are not possible or cannot meet the entire runoff reduction volume due to site constraints, the site constraints must be documented in the SWPPP and non-vegetated retention practices must be used, to the maximum extent practicable to meet requirements. (3) Where both vegetated and non-vegetated retention practices are not possible or cannot meet the entire runoff reduction volume due to site constraints, the site constraints must be documented in the SWPPP and: (i) In the combined sewer service area, any remaining requirements must be met using either vegetated or non-vegetated detention practices; (ii) In the MS4 area, any remaining requirements must be met using either vegetated or non-vegetated treatment practices. (b) When SMPs are deemed infeasible due to site constraints, including soil, subsurface, "hotspot," surface and space constraints, the designer must provide the appropriate documentation that demonstrates each constraint. (c) All documentation for constraints and justification for the selection of practices must be included in the SWPPP and are subject to review and approval by the Department. (Added City Record 2/15/2022, eff. 2/15/2022)

15 RCNY § 19.1-04 Effective Date.

§ 19.1-04 Effective Date. In accordance with subdivision 2 of section 22 of local law number 97 for the year 2017 the effective date of sections 4 and 8 through 21 of such local law shall be the same as the effective date of these rules, which shall be June 1, 2019. (Added City Record 4/1/2019, eff. 6/1/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-27250Fetched: 10/24/2026