Rules for MS4 Industrial Stormwater and Construction/Post-Construction Programs

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Comment By: 
Wednesday, October 10, 2018
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose
Section 1403(b-1) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “the power to administer and enforce provisions of law, rules and regulations relating to the management and control of discharges and runoff from public and private property, including but not limited to stormwater discharges, which may convey pollutants and other materials that may enter and have an adverse impact on the waters of the state.” Title 24 of the Administrative Code of the city of New York, Chapter 5-A provides that its purpose and intent are to “(i) reduce pollutants discharged in stormwater runoff from construction activities in such areas to the maximum extent practicable through appropriate erosion and sediment controls; (ii) minimize, to the maximum extent practicable, increases in stormwater runoff volume and velocity, and pollutant loading in stormwater runoff, from development sites in such areas; (iii) ensure the proper maintenance of post-construction stormwater management practices; and (iv) ensure compliance by certain industrial facilities in such areas with applicable requirements to manage stormwater runoff in order to reduce pollutants in stormwater from industrial activities to the maximum extent practicable.”
Chapter 19.1 is needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), which is issued by the New York State Department of Environmental Conservation (NYSDEC). The NYC MS4 permit requires the City to implement a number of programs in the portions of the City served by the City’s MS4 – the municipal separate storm sewer system – with the goal of reducing pollutants in the stormwater that enters surface waters from the MS4 to the “maximum extent practicable.” Specifically, the proposed Chapter enables the Commissioner to protect waters of the state by establishing two new regulatory programs required by the NYC MS4 permit:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in the rule, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.
Permit issuance for covered development projects in the MS4 area, meaning projects that involve or result in at least one acre of soil disturbance within the municipal separate storm sewer system (MS4) area, is not subject to environmental review pursuant to 6 NYCRR Section 617.5(c)(19). However, issuance of a variance under the rule is subject to environmental review.
DEP expects to publish the final version of sections 19.1-01 through 19.1-02 of these rules in December of 2018. The final rules will establish the effective date of these sections, which relate to general administration, enforcement, and industrial and commercial stormwater sources. The effective date will be 45 days after approval by NYSDEC of the City’s stormwater management plan.
DEP expects to publish the final version of section 19.1-03 of these rules within 30 days from the final approval by NYSDEC of the storm water management plan. The final rules will establish the effective date of this section, which relates to construction and post-construction stormwater sources. The effective date will be between 45 and 180 days after approval by NYSDEC of the City’s stormwater management plan.

Public Hearing

The Department of Environmental Protection is proposing rules governing industrial, commercial, construction, and post-construction stormwater sources.

Public Hearing Date: 
Wednesday, October 10, 2018 - 10:00am

No contact

DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373