This Minimum Control Measure emphasizes the reduction or elimination of pollutants to the municipal separate storm sewer system that may emanate from construction sites.
Regulated MS4s (with land use control capabilities) are encouraged to address this type of pollution through adoption or amendment of a local law or other regulatory mechanism. MS4s without land use control capabilities are encouraged to develop necessary policies and procedures, and include such requirements in lease agreements, bid specifications, contracts, and/or permits.
Other program elements required as part of this minimum control measure include enforcement procedures and actions to ensure compliance; requirements for construction site operators to implement appropriate erosion and sediment control BMPs; requirements for construction site operators to control waste at the construction site such as discarded building materials, truck washout, chemicals, litter and sanitary waste; procedures for plan review which incorporate the consideration of potential water quality impacts; procedures for receipt and consideration of information submitted by the public; and procedures for site inspection and enforcement of control measures.
In addition to the stormwater requirements that MS4s place on construction activities, the construction site operators must also apply for permit coverage directly from the State. A description of these requirements is included within the SPDES General Permit for Stormwater Discharges from Construction Activity.
Under the SPDES General Permit for Stormwater Discharges from Construction Activity, construction site operators must notify the state of any project disturbing one acre or more, prepare a formal written Stormwater Pollution Prevention Plan (SWPPP) and adhere to the provisions of the plan during and after construction. The SWPPP generally describes the erosion and sediment control practices and, where required, post-construction stormwater management practices that will be implemented to reduce the pollutants in stormwater discharges. The erosion and sediment control practices used are generally designed in conformance with the technical standards specified in the New York Standards and Specifications for Erosion and Sediment Control and the NYS Stormwater Management Design Manual. It should be noted that the Stormwater Pollution Prevention Plan (SWPPP) required of construction site operators is different than the Stormwater Management Program Plan (SWMP) required of regulated MS4s.
Additionally, in certain areas that have current Watershed Improvement Strategies and/or Total Maximum Daily Load (TMDL) requirements, the regulated community may also be required to undertake additional activities such as: regulating construction activity disturbing as little as 5000 square feet; and, conducting compliance inspections on these sites. The details associated with these additional requirements are further described, and should be referenced, in the SPDES General Permit for Stormwater Discharges from MS4s.