Albany is a regulated MS4 (Municipal Separate Storm Sewer System) community under New York's SPDES General Permit GP-0-15-003. City Code Chapter 323 prohibits illicit discharges to the storm sewer, requires erosion and sediment controls on construction sites disturbing 1 acre or more, and mandates post-construction stormwater management practices. Illicit discharges (dumping oil, paint, sewage, or other pollutants into storm drains) carry escalating fines.
The City of Albany is a regulated small MS4 (Municipal Separate Storm Sewer System) under federal Clean Water Act §402(p) and the New York State Pollutant Discharge Elimination System (SPDES). Coverage is provided through the NYS DEC General Permit for Stormwater Discharges from MS4s (GP-0-15-003), which requires the city to implement six minimum control measures: public education, public participation, illicit discharge detection and elimination, construction site runoff control, post-construction stormwater management, and good housekeeping for municipal operations.
The local implementing ordinance is City Code Chapter 323 (Stormwater Management). It is unlawful to discharge anything other than uncontaminated stormwater into the city storm sewer system or the Hudson River. Prohibited discharges include motor oil, antifreeze, paint, cleaning chemicals, sewage, septic effluent, pet waste, leaf piles dumped into catch basins, and concrete washout. Albany combines parts of its downtown into a Combined Sewer System (CSS) that discharges to the Albany County sewer district's North Plant during dry weather but can overflow at permitted CSO outfalls during heavy storms; reducing CSO discharges is a major focus of the Albany Pool Communities Long-Term Control Plan.
For construction, any land-disturbing activity of 1 acre or more (or less if part of a larger plan) requires a Stormwater Pollution Prevention Plan (SWPPP) prepared by a qualified design professional and coverage under the NY SPDES General Permit for Construction Activity (GP-0-20-001). Smaller projects still need erosion and sediment controls — silt fence, stabilized construction entrance, inlet protection — during ground disturbance. Post-construction, new development must manage the water quality volume on-site using green infrastructure practices from the NYS Stormwater Management Design Manual: rain gardens, bioretention, permeable pavement, green roofs, and detention basins.
Illicit discharges to the storm sewer carry first-offense fines starting at $250 and rising to $2,500 per day for continuing violations, plus cleanup cost recovery. Construction without an approved SWPPP triggers a stop-work order and fines up to $1,000 per day. The NYS DEC can independently enforce the state SPDES permit with penalties up to $37,500 per day per violation under Environmental Conservation Law Article 71. Report illicit discharges to the Albany Department of Water at (518) 434-5300 or to NYS DEC at 1-800-457-7362.
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