New York Statewide Rule
New York Requires SPDES Permit for Construction Stormwater Discharges
Key Facts
- Governing statute
- ECL 17-0803 (SPDES)
- Coverage trigger
- Disturbing 1+ acres of soil
- Permit
- SPDES General Permit GP-0-25-001
- Enforcer
- DEC Division of Water
- Maximum penalty
- $37,500 per day
Summary
New York's Environmental Conservation Law makes it unlawful to discharge stormwater pollutants to state waters from a construction site without a SPDES permit. Operators disturbing one or more acres of soil must obtain DEC's construction General Permit and run an erosion and sediment control plan.
Except as provided by subdivision five of section 17-0701 of this article, it shall be unlawful to discharge pollutants to the waters of the state from any outlet or point source without a SPDES permit issued pursuant hereto...
Full Breakdown
Under ECL 17-0803, discharging pollutants to New York waters from any outlet or point source without a State Pollutant Discharge Elimination System (SPDES) permit is unlawful. Construction operators disturbing one or more acres must obtain coverage under DEC's SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-25-001) before breaking ground, prepare a Stormwater Pollution Prevention Plan, and keep erosion and sediment control practices in effective operating condition at all times. The Department of Environmental Conservation's Division of Water administers and enforces the program.
Violations & Penalties
ECL 71-1929 exposes violators to civil penalties up to $37,500 per day for each unpermitted discharge or SWPPP failure, recoverable by DEC through administrative order or court action.
Frequently Asked Questions
Do small projects under an acre need coverage?
What plan does the state require on site?
Sources
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