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STORMWATER PERMIT REVISED FOR NEW YORK FACILITIES
PLAN REVISIONS AND PERMIT NOTIFICATION DUE BY JAN 1, 2013
Authored By: Paul Eisen, Principal Scientist, Roux Associates, Inc.
Background:
The New York State Department of Environmental Conservation (NYSDEC) has replaced its General Permit for the industrial source stormwater discharges. The new Multi Sector General Permit for Stormwater Discharges became effective on October 1, 2012. Stormwater discharges (including discharges through municipal separate storm sewer systems) are unlawful, generally, unless they are authorized by a National Pollutant Discharge Elimination System (NPDES) permit, or by a state permit (SPDES) such as the new Multi Sector General Permit (MSGP).
Sources Are No Longer Covered By the Old Permit & Must Re-File for Coverage by January 1, 2013:
Sources previously covered by the earlier version of this General Permit are no longer covered because that Permit has expired. All such sources must revise their Stormwater Pollution Prevention Plans (SWPPs). Then, they must certify that their revised Plans meet requirements for coverage under the new Permit. This is done by submitting a Notice of Intent (NOI) for permit coverage to NYSDEC. Both revision and SWPPs and filing of NOI must be completed by January 1, 2013.
Filing For Coverage Requires Review & Revision of Stormwater Pollution Prevention Plans:
Due to this rapidly approaching deadline, many facilities will find that this burden is a significant challenge. This is especially true when one considers that the new permit requires that industry specific Best Management Practices (BMPs) be implemented, or if implementation is not feasible, that documentation be provided (in revised SWPPs) justifying why those BMPs cannot be adopted. At the present time, there is no grace period allowing existing sources more time for SWPP revision. Facilities unable to file their NOI by the January 1, 2013 due date will run the risk operating without permit coverage. Obviously, this is a risk that should be avoided, if at all possible.
Highlights:
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Industrial facilities that discharge stormwater to waters of the State of New York must obtain permit coverage through either an individual industrial SPDES permit, the SPDES Multi-Sector General Permit, or provide a certification using the No Exposure Exclusion that industrial activities are not exposed to stormwater.
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The new Permit has been revised to better address discharges to waters that are considered impaired in NY State. A list of impaired water bodies and the pollutants that cause this designation should be reviewed by potential permit holders. Facilities that discharge stormwater to these water bodies must either demonstrate that the pollutant of concern (causing the impairment) is not present at their site, not exposed at their site, or, certify that the SWPPP includes heightened requirements specified in the permit (see Part III.F.4).
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As implied by its name, the Multi Sector Stormwater Discharge Permit applies to a wide array of industries. A single facility may actually find that it is conducting activities that fit in more than one sector. In such cases, the facility must identify all industry sectors of the MSGP that apply, and must comply will all provisions of each applicable sector.
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The MSGP provides separate discharge monitoring requirements for each sector. Monitoring requirements have been expanded, and include comparing monitoring results to both benchmarks and numeric limits that NYSDEC believes are protective of water quality. To ensure that dischargers to impaired waters are at or below the benchmarks and numeric limits set by NYSDEC, the MSGP has been modified (Part IV.B.1.g) to require additional (quarterly) monitoring requirements. Part IV.B.1.g also requires owners/operators to notify the Department if there is an exceedance of a benchmark or numeric limit, and provide a summary of actions taken or planned to reduce the discharge to levels below the benchmarks or numeric limits.
Roux Associates has extensive experience in stormwater permitting, as well as in the design of stormwater collection and treatment systems. Click here to learn more and see some of our projects.
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STORMWATER PERMIT REVISIONS & NOTIFICATIONS
Should you have any immediate questions regarding NYSDEC’s new Multi-Sector General Permit for Stormwater Discharges, or if you would like to explore how Roux Associates can help you evaluate permitting and compliance options, please contact:
Paul Eisen, CCM, Principal Scientist at Roux Associates, at (631) 232-2600.