Rain that runs off of a construction site must be handled in a manner that follows the SPDES permit described below and in the document. This 42 page document is effective May 1, 2008.
From the PREFACE
Pursuant to Section 402 of the Clean Water Act (“CWA”), stormwater discharges from certain construction activities are unlawful unless they are authorized by a NPDES (National Pollutant Discharge Elimination System) permit or by a state permit program. New York’s SPDES (State Pollutant Discharge Elimination System) is a NPDES-approved program with permits issued in accordance with the Environmental Conservation Law (“ECL”).
This general permit is issued pursuant to Article 17, Titles 7, 8 and Article 70 of the ECL. An owner or operator may obtain coverage under this general permit by submitting a Notice of Intent (”NOI”) to the Department. Copies of this General Permit and the NOI for New York are available by calling (518) 402-8109 or at any Department of Environmental Conservation (“the Department”) regional office (see Appendix G).They are also available on the Department’s website at:
An owner or operator of a construction activity that is eligible for coverage under this general permit must obtain coverage prior to the commencement of construction activity. Activities that fit the definition of “construction activity”, as defined under 40 CFR 122.26(b)(14)(x) and (15)(i), constitute construction of a point source and therefore, pursuant to Article 17-0505 of the ECL, the owner or operator must have coverage under a SPDES permit prior to commencing construction activity. They can not wait until there is an actual discharge from the construction site to obtain permit coverage.