What Are the Stormwater Phase II Regulations?
As stormwater flows over impervious surfaces (such as driveways and rooftops), it collects and transports pollutants to the nearest waterway by means of the stormwater system.
In 2003, New York State established new permits for stormwater discharges as part of the implementation of the Federal Clean Water Act. The new requirements are generally referred to as Stormwater Phase II and are designed to reduce water pollution caused by stormwater runoff.
Stormwater runoff is water from rain or melting snow that does not soak into the ground but runs off into waterways. As stormwater flows toward the nearest waterway, it collects and transports pollutants. Common pollutants associated with stormwater runoff include sediment, animal waste, salt, pesticides, fertilizers, and automotive fluids. As significant progress has been made in reducing the discharge of pollutants from industrial facilities and municipal wastewater (sewage) treatment plants, greater attention is being focused on stormwater runoff. Stormwater is a major contributor to many widespread water quality problems including nuisance algae blooms, beach closures, and the loss of fish and wildlife habitat.
The Federal Stormwater Phase II program requires permits for stormwater discharges from municipal separate storm sewer systems (referred to as “MS4s”) in urbanized areas and for construction activities disturbing one or more acres. To implement the law, the New York State Department of Environmental Conservation (NYSDEC) issued two general permits, one for MS4s and one for construction activities. The permits are part of the State Pollutant Discharge Elimination System (SPDES). In Monroe County, the County Department of Transportation, the Rochester Pure Waters District, 15 towns, and 7 villages have been designated as MS4s and have filed notices of intent to comply with the general permit.
In order to comply with the general permit, MS4s must develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from their stormwater systems to the greatest extent practicable. The stormwater program must include the following “minimum control measures.”
- Public education and outreach on stormwater impacts
- Public involvement/participation
- Illicit discharge detection and elimination
- Construction site stormwater runoff control
- Post-construction stormwater management
- Pollution prevention/good housekeeping for municipal operations
MS4s must provide adequate resources to fully implement their program by 2008 and are expected to make steady progress during the period leading up to the deadline. This progress is monitored by the NYSDEC through annual reports that the MS4s are required to submit.
In 2000, the MS4s in Monroe County came together to form the Stormwater Coalition. By working together, the Coalition members are able to maximize their resources and take advantage of existing programs and expertise in the community, and thus comply with the regulations in a cost-effective manner.
Learn more from the United States Environmental Protection Agency website.
Informational Stormwater Fact Sheets
- Regulated MS4s (196k PDF)
- USEPA Illicit Discharge Detection and Elimination Fact Sheet (54k PDF)
- USEPA Public Education and Outreach Fact Sheet (64k PDF)
- USEPA Public Participation Fact Sheet (44k PDF)
- USEPA Stormwater Phase II Small MS4 Program Fact Sheet (45k PDF)
- USEPA Construction Site Runoff Fact Sheet (80k PDF)
- USEPA Pollution Prevention Fact Sheet (90k PDF)
- USEPA Post Construction Runoff Control Fact Sheet (44k PDF)
Construction Model Ordinance Released
In an effort to assist member municipalities to comply with the Federal Phase II Stormwater Regulations, the Stormwater Coalition recently completed a “Model Ordinance for Construction Site Stormwater Pollution Prevention and Erosion and Sediment Control.” The ordinance has been provided to the chief elected official of each member municipality.
A review of the ordinance and information on construction site stormwater management practices, compliance issues, inspections, and plan reviews is being provided at two workshops:
- The first workshop is scheduled for Thursday, November 10th and is designed for municipal inspection and engineering staff, as well as consulting engineers.
- The second workshop is scheduled for Thursday, December 1st and is intended for municipal boards, planning boards, and conservation boards.
Download the Construction Workshop for Municipal Boards Flyer (377k PDF).
Download the Construction Workshop for Municipal Staff Flyer (262k PDF).
Construction Inspection Training Offered
The Monroe County Soil and Water Conservation District (SWCD), with support from the Stormwater Coalition, is conducting construction site field training sessions for municipal officials, staff, and other partners throughout the 2005-2006 construction seasons.
Twenty-four municipalities (24) in Monroe County are classified as “MS4s,” a term that describes municipalities that are regulated under the NYS Department of Environmental Conservation’s Phase II SPDES permit for municipal separate storm sewer systems.
Minimum measures that are required of MS4s, include:
- inspection of active construction sites to determine whether the sites are in compliance with federal, state, and/or local requirements
- public education and outreach
- construction and post-construction stormwater management
- illicit discharge detection and elimination
- pollution prevention at municipal facilities
Two Monroe County SWCD staff members have completed the Certified Professional in Erosion and Sediment Control (CPESC) training and exam requirements. Inspectors will be conducting training at active construction sites in municipalities designated as MS4s.
Cooperation among local agencies and municipalities results in efficient and effective transfer of information relating to the SPDES Phase II requirements.
For further information, contact the SWCD office at 585 473-2120 (ext. 3).
