§ 19.1-03.3 Permits.
RCNY § 19.1-03.3
(a)Permit Program Requirements.
(1)Permit applications and applications to amend permits must be filed electronically on the department's web site.
(2)The developer and owner of a site must certify that the application is being submitted on their behalf.
(3)Qualified professionals who have prepared application materials are required to certify that the materials submitted meet the technical standards included in the NYSDEC construction general permit and these rules.
(4)In addition to technical standards included in this section, stormwater management practices must be designed and constructed in accordance with the following technical standards for performance and design: (i) The New York City Stormwater Manual, incorporated as an appendix to this chapter.
(ii)The New York State Stormwater Management Design Manual January 2015 or its successor including the enhanced phosphorus removal standards.
(iii)New York Standards and Specifications for Erosion and Sediment Control, dated November 2016, or its successor.
(5)Where, in any specific case, different provisions of this chapter or of the technical standards incorporated by reference specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(6)Exemptions for certain covered development projects.
(i)A permit is not required for a covered development project that drains to waters of the state through an outfall approved by NYSDEC unless the outfall is owned or operated by the city of New York.
(b)Stormwater Construction Permit.
(iv)The application must include a SWPPP prepared, signed, and sealed by a qualified professional.
(v)All components of the SWPPP that involve the practice of engineering, as defined by Article 145 of the NYS Education Law, must be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York. The SWPPP must be submitted in an electronic format acceptable, to the department, as further detailed on the department's website. The SWPPP must contain all applicable elements required in the NYSDEC construction general permit and in this chapter, as determined by the Department, as follows: A. Background information about the scope of the project, including type and size of project; B. Site map/construction drawing(s) for the project, including a general location map., at a minimum, the site map should show: (1) The total site area; (2) All improvements including underground utilities; (3) Areas of disturbance; (4) Areas that will not be disturbed; (5) Existing vegetation; (6) On-site and adjacent off-site surface water(s); (7) Floodplain/floodway boundaries; (8) Wetlands and drainage patterns that could be affected by the development activity; (9) Existing and final contours; (10) Location of soil types with boundaries; (11) Material, waste, borrow or equipment storage areas located on adjacent properties; and (12) Location(s) of the stormwater discharge(s). C. A description of the soil(s) present, at the site; D. A construction phasing plan describing the intended sequence of development activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity, at the site that results in soil disturbance; E. A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff; F. A description of the minimum erosion and sediment control practices to be installed or implemented for each development activity that will result in soil disturbance or creation of impervious surface and for each covered maintenance activity, including a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented; G. A site map or construction drawing or drawings specifying the location, size and length of each erosion and sediment control practice; H. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins and structural practices that will be used to divert flows from exposed soils; I. A temporary and permanent soil stabilization plan that meets the requirements of these rules and the technical standard, for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization; J. A maintenance inspection schedule for the trained contractor(s), to ensure continuous and effective operation of the erosion and sediment control practices; K. The name or names of the receiving waters; L. A delineation of SWPPP implementation responsibilities for each part of the site; M. A description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit the runoff and the discharge of pollutants from exposed areas of the site, to the degree, attainable; and N. Any existing data that describe the stormwater runoff, at the site including but not limited to calculations to size n control practices. O. Identification of any elements of the design that are not in conformance with the design criteria in the technical standards listed in (a)(4) of this section. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent, to the technical standard. P. Development activities that are on Table 2.3 of the NYC Stormwater Manual in covered development projects under these rules must prepare a SWPPP that includes post-construction stormwater management practices. However, with respect to covered development projects for road construction or reconstruction that are less than one acre and for covered maintenance activities, erosion and sediment control practices will be required, but no post-construction stormwater management practices will be required.
(vi)Soil testing results and locations (test pits, borings); (vii) Infiltration testing results and locations when an infiltration practice will be implemented; (viii) An operations and maintenance plan that includes inspection and maintenance schedules and actions, to ensure continuous and effective operation of each post-construction stormwater management practice. The plan must identify the entity that will be responsible for the long-term operation and maintenance of each practice; (ix) For flood management projects, the SWPPP must include an analysis of the impact of the project on existing water quality of receiving waters; (x) For covered development projects located in the watersheds identified in Appendix 1 of the NYC MS4 permit NY-0287890, or most current, and for which there is an increase in impervious area, the SWPPP must include a pollutant loading analysis that demonstrates that the proposed post-construction stormwater management practices meet the no net increase requirement as further provided in the New York City Stormwater Manual; and (xi) Plans, drawings and maps that are part of the SWPPP must be submitted, at a scale not smaller than 1" = 50' unless otherwise specified by the department.
(7)Application review and determinations.
(8)Issuance of the Stormwater Construction Permit.
(9)Permit conditions.
(viii)The developer must have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days, as detailed in the NYSDEC construction general permit. If deficiencies are identified, the contractor must begin implementing corrective actions within one business day and must complete the corrective actions in a reasonable timeframe.
(ix)The developer must notify the department of an anticipated temporary shutdown a minimum of seven days before the shutdown, and must submit documentation showing that the site is stable and that all stormwater management practices are operational. The developer will be responsible for having a qualified inspector visit the site and inspect it, at least once every 30 days during the shutdown. In addition, all permits must be kept current during the suspension of development activity.
(x)If the developer terminates construction without completing the project, the developer must submit a closure plan demonstrating that the site will remain stable and that all completed stormwater management practices are operating as designed and in compliance with department rules. Any project that has post-construction stormwater management practices that are constructed and operating must comply with 15 RCNY § 19.1-03.3(c).
(xi)All amendments, to the SWPPP must be submitted, to the department.
(xii)Major amendments, to the SWPPP must be submitted, to the department and will be processed and approved or disapproved in the same manner as the original SWPPP. An application must be accompanied by a $1,000 fee per disturbed acre for processing of the amendment. Major amendments include, but are not limited to: A. Changes to structural stormwater management practices; or B. Changes that require new stormwater modeling or changes to modeling methodology.
(10)Expiration and extension of plan approval and permit, and permit renewal.
(11)Notice of Termination.
(c)Stormwater Maintenance Permit.
