New York Stormwater Discharge Permit Requirements

Environmental Conservation Law Article 17 authorizes the State Pollutant Discharge Elimination System administered by the Department of Environmental Conservation. Construction activity disturbing one or more acres requires SPDES General Permit GP-0-20-001 coverage and a Stormwater Pollution Prevention Plan. Municipalities designated as MS4s must comply with the MS4 General Permit. Local stormwater laws can be stricter on design but cannot waive SPDES coverage or weaken state water quality standards under ECL 17-0501 and federal Clean Water Act delegation.

Discharging pollutants without a SPDES permit is punishable under ECL 71-1929 by civil penalties up to thirty-seven thousand five hundred dollars per day per violation, plus restoration orders. Construction without an approved SWPPP can trigger stop-work orders from DEC.