Dutchess County Soil & Water Conservation District

 

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    Serving Dutchess County, NY For Over 60 Years

Phase II

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(845) 677-8011 ext 3

 

Fax

(845) 677-8354

 

Address

2715 Rt 44, Suite 3

Millbrook, NY 12545

 

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Phase I and II are part of the EPA’s effort to enforce the Clean Water Act.  In 1990, Phase I was instituted and used the National Pollutant Discharge Elimination System (NPDES) permit system to manage municipal separate storm sewer systems (MS4) that serve 100,000 people or more, runoff from construction sites five acres in size or larger, and ten specific industrial operations.  Phase II is the next step, which expands the program to do two things:  require smaller construction sites to implement programs and management practices to prevent polluted stormwater runoff, as well as require smaller MS4s to be regulated and implement six minimum control measures for the management of stormwater.  Follow the link below and we will break out these two main components of Phase II, and let you know what they mean for you and your municipality.

The first part of the new Phase II regulations we will discuss deals with erosion and stormwater runoff from small construction sites.  This part is applicable to anyone on a small construction site in any municipality, regardless of whether they are doing work in an MS4 municipality or not.  Small construction sites eligible under this rule are those which disturb between one and five acres, or sites that disturb less than one acre, but part of a larger development that disturbs one acre or more.  For example, a person disturbing a half-acre on a one acre lot is not subject to the requirements, but a person disturbing a half acre on each of eight one-acre lots as part of the same development is.  Under this provision, operators of these types of regulated construction sites are required to:

  • Develop and enforce an effective erosion and sediment control plan

  •  Develop and enforce an effective Stormwater Pollution Prevention Plan (SWPPP) if the project is located in a TMDL or Impaired Water Tributary Area

  •  Submit a Notice of Intent (NOI) to the NYSDEC before the project begins

  •  Submit a Notice of Termination (NOT) when the project is complete and the site has reached final stabilization as outlined in the plan, or the site changes operators.

An operator is defined as the person(s) who has operational control of:

  •  The construction project’s plans and specifications, as well as the ability to make modifications to them, and

  •   The day-to-day operational control activities that provide compliance with the stormwater pollution prevention plan or other permit controls.

All of these new regulations will be enforced beginning March 10, 2003.  Some references to help get you ready are the New York Stormwater Design Manual, New York Urban and Erosion and Sediment Control Guidelines manual, and the New York State Management Practices Catalogue for Construction, all of which you can obtain through the DCSWCD office.  A more in depth discussion of the new Phase II regulations, as well as a flow chart of the SWPPP and Permit Process can be found on the NYSDEC’s Stormwater Home Page

The EPA’s web site also has a lot of useful information on their Storm Water Phase II Final Rule Fact Sheet Series

As always, if you have any questions about the new Phase II regulations, please feel free to call our office at (845) 677-8011 ext. 3, and we will do our best to help you make it through this transition.

 

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Last modified: 02/05/10