Construction Activity Permit

Before commencing any construction activity that will involve soil disturbance of one or more acres, the District must obtain coverage under the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity under Permit GP-0-15-002. The new permit's effective date of coverage is January 29, 2015 and the expiration date is January 28, 2020.

In order to gain coverage, the District must:

 

• SWPPP: Develop a Stormwater Pollution Prevention Plan (SWPPP)
   
• NOI: Submit a completed Notice of Intent (NOI)
   
• Acceptance Form: Submit a signed MS4 SWPPP Acceptance Form
   
• NOT: When the construction project is complete and has met the requirements of the construction permit, a Notice of Termination (NOT)
   
• SWPPP Preparer Certification: When preparing a NOI, the SWPPP preparer must certify that the SWPPP meets the intent of the Construction Permit
   
• Owner Certification: The District Superintendent must certify that the construction activity meets the intent of the Construction Permit GP-0-15-002
   
• Historic and/or Archeological Resources: Construction activities that have the potential to affect historic and/or archeological resources, must complete the screening and consultation process specified in the Letter of resolution (LOR) that was developed between NYSDEC and NYS Office of Parks, Recreation and Historic Preservation (OPRHP). This documentation must be in place in order to complete and submit the NOI.

The following construction activities at the District only requires a SWPPP that only includes erosion and sediment controls:
 

• Installation of Underground Utilities
   
• Wetland Mitigation Projects
   
• Bike Paths and Trails
   
• Sidewalk Construction Projects
   
• Slope Stabilization/Flattening Projects
   
• Recreational Parks and Lawns
   
• Athletic Fields (Natural Grass) That Do Not Include Impervious Areas
   
• Demolition Projects
   
• Overhead Electric Transmission Projects

 
Erosion and Sediment Controls may include soil stabilization, minimization of amount of soil exposed, the reduction of soil compaction and the control of stormwater discharges to minimize channel and streambank erosion.

The following construction activities that involve the disturbance of one (1) or more acres of land at the District only requires a SWPPP that includes post-construction stormwater management practices:
 

• Road Construction or Reconstruction
   
• Parking Lot Construction or Reconstruction
   
• Athletic Fields (Natural Grass) That Include the Construction or Reconstruction of Impervious Area (> 5% of Disturbed Area)
   
• Athletic Fields with Artificial Turf
   
• All Construction Activities That Include the Construction or Reconstruction of Impervious Areas

 
Post-Construction Stormwater Management Practices are described in the New York State Stormwater Management Design Manual ("Design Manual"), dated January 2015.

The following discharges are prohibited from construction activities that involve the disturbance of one (1) or more acres of land:
 

• Wastewater from Washout of Concrete
   
• Wastewater from Washout and Cleanout of Stucco, Paint, Form Release Oils, Curing Compounds and Other Construction Materials
   
• Fuels, Oils, or Other Pollutants used in Vehicle and Equipment Washing
   
• Toxic or Hazardous Substances from Spill or Other Release
   
• Discharges from Dewatering Activities, Including Discharges from the Dewatering of Trenches and Excavations
   
• Soaps or Solvents used in Vehicle and Equipment Washing
   
• Discharge of any Fluids That Will Increase in Turbidity That May Cause A Substantial Visible Contrast To Natural Water Conditions
   
• Discharge of Any Fluids That Will Increase Suspended, Colloidal Or Settleable Solids That May Cause Deposition or Impairment Of Waters
   
• Discharge of Any Oils and Floating Substances, Visible Oil Films or Globules of Grease

All construction projects, that involve the disturbance of one (1) or more acres of land at the District shall include inspections during construction by a qualified and licensed/certified professional, as defined in SPDES General Permit for Stormwater Discharges from Construction Activity under Permit GP-0-15-002.

Remember all construction projects usually encounter excessive amounts of sediment chemicals and other pollutants that are often washed into local waterbodies during a storm or rainfall event. Construction vehicles can leak fuel, oil, and other harmful fluids that can be picked up by the stormwater runoff at the construction site. Under the new regulations,
 

• SWPPP: The NYSDEC requires a SWPPP be developed for the construction project. The SWPPP is a plan for erosion and sediment control and for the control of other prohibited pollutants into the nearby water bodies, and for the installation of treatment for post-construction runoff.
   
• NOI: Before construction activity begins, an NOI must be filed with NYSDEC affirming that a SWPPP has been prepared and that all requirements of the SWPPP will be implemented by the district during the construction.
   
• Permit Nonconformance Penalties: If you begin construction before filing an NOI and obtaining coverage, you may be subject to a penalty of up to $37,500 per violation per day.

 
Accordingly, you should contact your local NYDEC representative to determine requirements of the construction activity permit as defined in SPDES General Permit for Stormwater Discharges from Construction Activity under Permit GP-0-15-002.
 
Remember any water conservation practice you adopt will help protect and manage our water resources for future generations.