New York Industrial Stormwater Permit Coverage

What is It?

The New York State Department of Environmental Conservation (NYSDEC) issued the new SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity on March 8, 2023 (Permit No. GP-0-23-001, referred to as MSGP).  Facilities that previously had coverage under the old MSGP must reapply for permit coverage by June 8, 2023.

Who does it apply to?

Most facilities that conduct industrial activities in New York are subject to the permit requirements.  The permit provides coverage for stormwater discharges (rainwater and snowmelt) from industrial facilities to surface waters of the State.  The final determination of applicability is based on the facility’s Standard Industrial Classification code as defined by 40 CFR 122.26(b)(14)(i).

What’s New?

There are several changes to the new MSGP from the prior version, highlighted by the following:

Compliance with the Climate Leadership and Community Protection Act/Community Risk and Resiliency Act (CRRA).  To comply with these requirements, the owner or operator must evaluate enhanced stormwater best management practices (BMPs) for facilities that have the potential to be impacted by future physical climate risks.  An evaluation must be conducted in accordance with the “New York State Flood Risk Management Guidance for the Implementation of the CRRA” and the associated “Estimating Guideline Elevations” to determine if your facility is subject to these enhanced requirements.  If your facility meets the eligibility requirements, the following enhanced BMPs must be evaluated:

• Reinforcement of interior and exterior material storage structures to withstand flooding;
• Prevent floating of semi-stationary structures by elevating or securing;
• Delay delivery of raw materials when a major storm event is expected within 48 hours;
• Permanently store materials and waste above expected flood level;
• Permanently reduce or eliminate exterior storage;
• Relocate company vehicles to higher ground; and
• Conduct staff training on implementation of emergency procedures.

Additional new MSGP requirements include:

• Electronic reporting;
• New discharge monitoring reporting (DMR) requirements;
• Sector specific requirements (each industrial activity has different requirements based on your industrial operation)
• Updates to pollutants of concern for impaired waterbodies which can trigger additional sampling and reporting requirements.

What are the Initial Steps for Compliance?

To obtain MSGP coverage a facility must first develop a detailed and site specific Stormwater Pollution Prevention Plan (SWPPP) that meets the new MSGP requirements.  Once the SWPPP is developed, a Notice of Intent (NOI permit application) must be submitted to the NYSDEC through their electronic web portal.

Are there Exemptions?

The MSGP does not apply if all stormwater discharges are conveyed to a sanitary sewer, treatment works or a combined sewer system where the owner or operator has accepted responsibility or approved a connection for the discharge.  Other possible exemptions include:

• Conditional Exclusion for No Exposure – Facilities may qualify for this exemption when all industrial activities and materials are completely sheltered from exposure to rain, snow and runoff. In this case, a No Exposure Certification (NEC) must be submitted through the NYSDEC’s electronic web portal. The facility must apply for MSGP coverage if the no exposure exclusion ceases to apply.

No Discharge Evaluation – In some cases, stormwater from a facility may not reach a regulated water of the State.  To confirm this exemption, a detailed hydrologic and hydraulic analysis

• must be conducted to confirm that a discharge will not occur for storm events up to the 100 year, 24-hour occurrence.

What are the Follow-Up Steps for Compliance?

Developing a SWPPP and submitting a NOI for permit coverage are just the first steps.  To maintain compliance with the MSGP there are several monitoring and reporting requirements including stormwater sampling at your discharge locations, routine inspections of BMPs, visual monitoring of stormwater outfalls, annual comprehensive site evaluations, dry weather flow inspections, discharge monitoring reporting to the NYSDEC, and staff training.  Your detailed SWPPP should include a schedule for all of the compliance requirements.

Need more information?

If you have any questions regarding the MSGP requirements, potential exemptions, or need assistance with developing a SWPPP or implementing your stormwater management program please contact Dave Hanny at dhanny@bartonandloguidice.com.