4-24-08 "The Killing of a Hudson River Tributary Part 3"

regulated MS4 have to apply for coverage?
:T he effective date of the final permit was January 8, 2003, the date it was issued. The
application deadline for regulated MS4s was March 10, 2003, Therefore regulated MS4s
should have submitted their fully completed NO to the Department by March 10, 2003.
A completed NO has all sections filled out and it is signed by the appropriate official.
2. Why don't municipalities have more time to submit their NDIS in light of the
Department's lateness in releasing their final permit requirements?
The permit deadline is a requirement under the EPA NODES regulations.. NO's contain
initial information about the SGMP. While the municipalities should begin developing
and implementing their SUMPS immediately, they are allotted 5 years for full
implementation. Department sponsored information sessions will provide a good
understanding of how to fill out the NO and submit it in a timely manner.
3. Do "additionally designated" MS4s need to be covered by the general permit by
March 10, 2003?
Additionally designated MS4s do not need to be covered by the general permit by March
10, 2003. They have 180 days from the date of official notification to obtain permit
coverage. The "additionally designated MS4s were notified by the Department on March
5, 2003, and must submit the completed NO by August 25, 2003 for coverage by
September 1, 2003.
4. When does the SGMP need to be developed?
"Operators must develop the initial SGMP prior to March 10, 2003 and provide adequate
resources to fully implement the SGMP no later than five years from the issuance date of
this permit." (GP-02-02 section IV.B.) The Department criteria for an 'acceptable' NOI
is one that describes an SWMP that will reduce pollutants and stormwater impacts to the
Maximum Extent Practicable as the permit referenced.
5. When should reports be filed and what should they contain?
The final permit now requires that all Annual reports are due on June 1 each year
beginning in 2004. This submittal includes the annual Municipal Compliance
2
Certification. Consistent with the EPA regulations, the report period will end March 10
of each year. The June 1 date provides sufficient time to complete the report at the close
of each annual period. The contents of the report are specified in part V.C. of the MS4
permit and a format will be provided by the Department in the coming months.
6. Must all MS4s within an Urbanized Area or Designated Area apply for coverage
(e.g. a small village within a designated town)?
Yes, the municipalities located within the geographical urbanized or designated area must
be permitted under the Phase II regulations if they own or operate a municipal separate
storm sewer according to 40 CFR 122.26(b)(8) .
7. Several "non-traditional" MS4s indicated that they do not intend to file an NOI
until they are notified by the State. Does the State intend to notify these "nontraditional"
MS4s?
Non-traditional MS4s should not wait to be notified by the State. On March 10, 2003, an
MS4 that discharges to waters of the U.S. in an urbanized area will be in violation of the
Clean Water Act unless the MS4 has obtained permit coverage. The Phase II regulation
does not require the permitting authority to notify entities subject to the regulation.
8. Does the SPDES stormwater general permit only apply to discharges to surface
waters and not groundwater or infiltration basin? Under what circumstances does
the Phase II regulation require a permit for a discharge to groundwater? Can
municipalities apply for coverage for groundwater discharges?
The permits are based on the legal authority of Section 402 of the federal Clean Water
Act and refer to "discharges to the waters of the United States" The federal definition is
based on navigability and does not include groundwater. Because this is a federal
regulation that the Department is implementing, and the federal law does not include
groundwater in its definition, discharges strictly to groundwater would not require a
Stormwater Phase II permit. Therefore, the MS4 general permit authorizes the discharge
to surface waters only. The permit does not authorize discharges to groundwater from
MS4s.
However, under the Environmental Conservation Law Section 17-0501, the Department
can enforce against violations of water quality standards for groundwater, including
violations caused by stormwater discharges to groundwater.

Category:

Nonprofits & Activism

Tags:

• grassroots
• outreach
• philipstown
• new
• york
• hudson
• river
• tributary
• supertramp
• grannis
• janeway
• epa
• nysdec
• ferracane
• phase

[sabrinaworcester1]

keep on fighting guys. Well done