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Multi-Sector General Permit (MSGP)

Multi-Sector General Permit (GP-0-17-004)

The Clean Water Act provides that stormwater discharges associated with industrial activity to waters of the United States (including discharges through a municipal separate storm sewer system) are unlawful, unless authorized by a National Pollutant Discharge Elimination System (NPDES) permit. In New York, EPA has approved the state program which is enacted through the administration of the State Pollutant Discharge Elimination System (SPDES) program. Industrial facilities engaged in activities defined in 40 CFR 122.26(b)(14)(i-ix) and (xi) must obtain permit coverage for stormwater discharges to waters of the United States through either an individual industrial SPDES permit, the SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity, or provide certification using the No Exposure Exclusion that industrial activities are not exposed to stormwater.

DEC has prepared the SPDES Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-17-004). The permit became effective on March 1, 2018 and replaced the Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-12-001) that expired September 30, 2017. GP-0-17-004 is a five-year permit that will cover discharges of stormwater to surface waters of the state from industrial activities as defined in 40 CFR Part 122.26(b)(14)(i thru ix and xi).

Forms for Reporting to the Department

Save time by filing the Notice of Intent and Annual Certification Report for the Multi-Sector General Permit (GP-0-17-004) online through the NYSDEC eBusiness Forms webpage. Users must be registered with NY.gov in order to use this system. User guides and help on registering for the portal are available on the eForms information webpage.

Monitoring and Reporting Table (PDF) - Describes the different monitoring and reporting timetables required by the MSGP and divides the required reports and monitoring into what must be reported to the Department and what should be kept with the SWPPP.

Notice of Intent Instructions (PDF)

How to navigate the electronic Notice of Intent (eNOI) system (PDF)

MSGP eReport Certification Form (PDF) - This certification form is to be uploaded as certification when using e-Reporting to submit the Notice of Intent and the Annual Certification form

Notice of Termination (NOT) (PDF) - complete and submit this form to terminate MSGP coverage

MSGP Annual Certification Form (PDF) is due by January 28 of each year.

Corrective Action/Non-compliance Event Form (PDF)

Notice of Intent Paper Version (PDF)

DMR Instructions (PDF) - How to fill out the Discharge Monitoring Report

DMR Manual and NetDMR Information

Helpful Forms to keep with the Facility's Stormwater Pollution Prevention Plan (SWPPP)

Corrective Action for Semi-Annual Benchmark Monitoring (PDF)

Quarterly Visual Monitoring Forms (PDF) - Use this form when conducting your Quarterly Visual Monitoring.

Storm Event Data Form (PDF) - Use this form to record Storm Event Data.

Waiver Forms

Adverse Climatic Conditions Waiver Form (PDF) - Use this form to claim an Adverse Climatic Conditions Waiver.

Inactive and Unstaffed Waiver Form (PDF) - Use this form to claim an Inactive and/or Unstaffed Waiver.

Representative Outfalls Waiver Form (PDF) - Use this form to claim a Representative Outfall Waiver.

Representative Outfalls Waiver Instructions (PDF)

Conditional Exclusion for No Exposure

Is coverage required if no operations or materials are exposed to precipitation?

A No Exposure Exclusion from MSGP coverage is available if all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snow melt and/or runoff. In order to obtain a waiver, a facility must submit a No Exposure Certification form certifying a condition of No Exposure. A condition of No Exposure must be re-certified every five years. If, after receiving a waiver, operations change in such a way that No Exposure criteria are no longer met, the facility must submit a Notice of Intent (NOI) to gain authorization under MSGP at that time. More information about the No Exposure Exclusion is available at SPDES No Exposure Certification for Stormwater Permitting.

About the MSGP

What is the difference between the MSGP and an individual permit?

The MSGP is a general permit. Rather than addressing environmental concerns for a single facility as an individual permit does, the Multi-Sector General Permit includes conditions and requirements that are applicable to 29 categories of industrial activities. Unless otherwise notified by the Department, stormwater discharge(s) from facilities engaged in one or more of these categories are eligible for coverage under MSGP.

All facilities that have gained coverage under MSGP must comply with the general requirements included in Parts I through VI of the permit. In addition to the general requirements, a permittee must comply with specific requirements applicable to the activities being conducted at the covered facility. These sector-specific requirements are found in Part VI of the permit. For instance, all truck maintenance facilities covered under MSGP must comply with the general conditions in Parts I through VII as well as the requirements in Part VII.P.

Which industrial facilities are eligible for coverage under MSGP?

The list of Standard Industrial Classification (SIC) codes and other descriptions of activities included in 40 CFR 122.26 (b)(14)(i))-(xi) are found in Appendix B of the MSGP (GP-0-17-004). Facilities with primary industrial activities included in the table are eligible for coverage under MSGP unless otherwise notified by the Department.

  • Primary Industrial Activities:
    A facility's primary industrial activity is the activity that employs the most personnel and/or generates the most revenue. If the facility is part of a larger company, the SIC code associated with the primary industrial activity at a particular facility may be different than that used by the corporation.
  • Co-located Activities:
    Some facilities may have more than one activity requiring coverage under MSGP. These are called co-located activities. A facility with a primary industrial activity that is required to obtain coverage under MSGP is also required to comply with requirements that apply to other activities at the facility if those additional activities would require coverage if considered on their own.
    If more than one activity listed in Appendix B of GP-0-17-004 is being performed at a facility, all SIC codes must be included in the NOI submitted to the Department. There are specific monitoring and SWPPP requirements associated with each industrial sector. Owners or operators must comply with all requirements related to each activity.

The United States Department of Labor has a Standard Industrial Classification (SIC) Code System Search that can help identify or confirm a facility's SIC code(s). This off-site link can be accessed through the link on the right hand site of this page.

If stormwater from my industrial operation does not discharge to surface waters of the state, do I need a coverage under the MSGP?

The answer is generally no. If stormwater is all contained at a site, which would be regulated under 40 CFR 122.26(b)(14)(i) through (ix) and (xi) and is discharged solely to groundwater up to and including the 100 year, 24-hour storm event (Zero Discharge), the MSGP is not applicable. However, the owner/operator should carefully evaluate and document the expected runoff from storms with a frequency and duration of 100 years, 24-hours. Even if a discharge to surface waters of the state occurs only rarely, as with a 100 year, 24-hour storm event, MSGP coverage for that discharge is required (See EPA Questions & Answers Regarding the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity, updated on August 14, 2015)

Demonstration that there is Zero Discharge of stormwater from the regulated industrial site would be done through performing the necessary modeling and site assessments (e.g. soil testing, infiltration test, hydrology, etc.), including consideration for the following:

  • All areas of industrial activity;
  • Runoff from the 100 year, 24-hour storm event;
  • Frozen ground conditions;
  • Changes in site topography resulting from grading operations (cuts and fills);
  • All drainage areas where precipitation or run-on comes into contact with significant materials, including production, processing or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw materials, intermediate products, finished products or waste products located on the site where such operations occur;
  • Drainage from haul roads, access roads, and rail lines used or traveled by carriers of raw materials, manufactured products, waste materials, or by-products created by the facility.

While evaluating stormwater discharges from a regulated industrial site, the owner/operator should bear in mind that, in addition to obvious conveyances such as storm sewers, culverts and outlets from ponds, stormwater may be discharged from areas where sheet flow becomes concentrated in larger storms. If sheet flow from the property is eventually concentrating in a ditch, rivulet or swale which discharges to surface water, MSGP coverage is required. [Sheet flow also is a form of conveyance. U.S. Environmental Protection Agency Region 10 - Seattle Questions and Answers Regarding the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity. August 2015.]

The DEC may require an individual SPDES permit for certain groundwater discharges, including stormwater, if there is a concern that the discharge would be a significant contributor of groundwater contamination.

What is a Point Source?

"Point Source" means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. The State's interpretation of "point source" is consistent with the Environmental Protection Agency's response to comments published with the final stormwater rule promulgated in the Federal Register Volume 55/No. 222, November 1, 1990, which states that point source discharges of stormwater result from structures which increase imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting or grading patterns.

NOTES:
Not all of the industrial activities included in 40 CFR 122.26 (b)(14)(i))-(xi) are defined by SIC codes. Refer to Appendix B of GP-0-17-004 for a complete list of covered activities.

MSGP does not authorize non-stormwater discharges or stormwater discharges mixed with non-stormwater discharges, unless the source of non-stormwater is included in Part I.B.2.

Contact Information

For information regarding the content of the general permit, contact:

Steven McCague, P.E.
NYSDEC, Division of Water
625 Broadway - 4th Floor
Albany, NY 12233-3505
(518) 402-8108
Email the Division of Water


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