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Stormwater Permit for Construction Activity

Construction project involving soil disturbance
A construction project involving soil disturbance

Before commencing construction activity, the owner or operator of a construction project that will involve soil disturbance of one or more acres must obtain coverage under the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity.

In the New York City East of Hudson watershed, this requirement also applies to construction projects disturbing more than 5,000 square feet to one acre of land. Some exceptions to the requirements exist for agricultural projects, certain silvicultural projects and routine maintenance activities.

Permit

SPDES General Permit for Stormwater Discharges from Construction Activity - GP-0-10-001 (PDF) (900 KB). This permit was issued in January 2010, and was effective on January 29, 2010. New York State Department of Environmental Conservation requirements for construction activities are included in this document.

Oil and Gas Well Drilling Activities

Construction Stormwater General Permit (GP-0-10-001) requirements for Well Drilling Activities (PDF) (34 KB) that are consistent with the 1992 Generic Environmental Impact Statement (1992 GEIS) for Oil and Gas Well Drilling.

Forms

The Notice of Intent for Construction Activity can now be completed online through the NYSDEC eBusiness Forms Portal. Users must be registered with NY.gov in order to use this system. User guides and help on registering for the portal are available below and on the portal information webpage.

The following forms are needed to comply with the requirements of the General Permit for Stormwater Discharges from Construction Activity - GP-0-10-001:


  • The Notice of Intent is a request for coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities (Modified October 2013).
  • Notice of Termination (PDF) (25 KB) for Construction Activities dated January, 2010
    When a construction project is complete and has met the requirements of the construction permit, a Notice of Termination (NOT) form should be completed and submitted to the Department.
  • MS4 SWPPP Acceptance Form (PDF) (22 KB) dated January, 2010
    This form is used by a regulated, traditional land use control Municipal Separate Storm Sewer System (MS4) (e.g. town, city or village) to indicate acceptance of a SWPPP it has reviewed. To find out how to determine whether a project is subject to MS4 regulation, see the section on Projects subject to MS4 regulation below.
  • SWPPP Preparer Certification (PDF) (1.1 MB)
    This form is to be used as part of the "Required SWPPP Components" section when preparing & submitting the eNOI. This form is not to be used when submitting the paper version of the NOI.
  • Owner/Operator Certification (PDF) (52 KB)
    This form is to be used as part of the "Owner/Operator Certification" section when preparing & submitting the eNOI. This form is not to be used when submitting the paper version of the NOI.

Supplemental Documents

Construction Stormwater Permit Fact Sheet (PDF) - January 2010 (32 KB)
This document describes how GP-0-10-001 differs from the preceding general permit, including enhanced pollution reduction requirements in specified watersheds.

Construction Stormwater Responsiveness Summary (PDF) (235 KB)
This document includes the Department's responses to comments made during the October 2009 - January 2010 public comment period on the draft (GP-0-10-001) Construction General Permit.

Steps to Authorization

In order to gain coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity, an owner or operator must:

  • Develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements in the General Permit for Stormwater Discharges from Construction Activity.
  • Submit a completed Notice of Intent (PDF) (NOI) (219 KB) to the Department.
  • Projects subject to MS4 regulation must submit a signed SWPPP Acceptance Form (PDF) (18 KB) along with their NOI. With some exceptions, an owner or operator of a construction project within the boundaries of an MS4 is required to have their SWPPP reviewed and accepted by the MS4 prior to submitting their NOI to the Department. Consult the Stormwater Interactive Map to determine whether your project is within an MS4. The map displays the automatically and additionally designated MS4 areas (regulated area). Some MS4s have extended their jurisdiction for SWPPP review to the municipal boundary; therefore, even if your project is located outside an MS4 regulated area, you should contact the municipal office to find out whether you need to submit your SWPPP for approval.

When does permit coverage become effective?

  • A construction project that is not within the boundary of a regulated MS4 that has prepared a Stormwater Pollution Prevention Plan (SWPPP) in conformance with New York State's technical standards is authorized to commence activity five (5) business days from the date the Department receives a completed Notice of Intent (NOI).
  • A construction project that is not within the boundary of a regulated MS4 with a SWPPP that has not been prepared in conformance with the technical standards is authorized to commence activity sixty (60) business days from the date the Department receives a completed NOI.
  • A construction project that is subject to the requirements of a regulated MS4 is authorized to commence activity five (5) business days from the date the Department receives a completed NOI and MS4 SWPPP Acceptance form.

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