The new SPDES Construction General Permit became effective on January 28, 2020. The new permit has no major changes from the previous permit; however, a few important items were added.
The new permit includes effluent limitation guidelines to control stormwater discharge and minimize dust. Effluent limitations are to be achieved by selecting, designing, installing, implementing, and maintaining the best management practices in the New York State Standards and Specifications for Erosion and Sediment Control (aka, the Blue Book). The Blue Book includes dust minimization (page 2.25); keep in mind that all additives must be approved by the New York State Department of Environmental Conservation (NYSDEC) prior to use on a construction site.
The new permit also:
- Made projects on certain soils with slopes greater than 25% ineligible for coverage;
- Requires that a Notice of Intent be filed electronically starting December 21, 2020;
- Requires notification to the MS4 for a change in owner/operator; and
- Requires documentation of the final construction conditions (as-builts).
Lastly, the new permit includes an additional, stand-alone certification that can be used to achieve both Qualified Inspector and Trained Contractor status – the New York State Erosion and Sediment Control Certificate Program.
MSGP
The changes to the SPDES MultiSector General permit are a direct result of a lawsuit filed by Riverkeeper et. al. against the NYSDEC. “The Albany County Supreme Court held that the Department is prohibited by its own regulations from allowing discharges of stormwater associated with an industrial activity into Class AA-Special waterbodies.” This includes stormwater associated with industrial activity under the SPDES MSGP. As a result, the NYSDEC has modified the permit to exclude discharges of industrial and other wastes to AA-Special waters from coverage under the MSGP. Permittees with such discharges have been asked to discontinue said discharges or obtain a Conditional Exclusion of No Exposure by July 23, 2020. The definition of “industrial stormwater” has been removed from the permit and “industrial waste” and “other waste” has been added. The final modified permit must be issued on or before July 23, 2020.
The Environmental Protection Agency has released a draft for review and comment National Pollutant Discharge Elimination System MSGP, the Proposed 2020 MSGP. Comments are due May 1, 2020.
More to follow in future posts.