Phase II Stormwater Construction Permits

Phase II Stormwater Construction Permit requirements apply to construction activities disturbing 1 acre or more, which have the potential to discharge stormwater to a source other than a publically owned treatment works (POTW, i.e. Onondaga County's Combined Sewer System). Construction activities under this regulation include road building, construction or demolition of buildings, clearing, grading, excavating, etc. There are exemptions from the Phase II Stormwater Permit requirements for certain construction activities including: Operators of applicable construction sites must obtain coverage under the NYSDEC's General Permit for Stormwater Discharges from Construction Activities (GP-02-01) prior to the start of the construction activity. Under this permit, an "operator" is defined as the person(s) or legal entity which owns or leases the property on which the construction activity is occuring. Syracuse University is considered the "Operator" of all construction activities occuring on SU owned/operated properties. As the operators, it is the responsibility of the Department performing or contracting the construction activity to ensure compliance with the Phase II Stormwater Permit requirements.

Permit Requirements Summary
SU's Environmental Health Office must be notified prior to the start of a construction activity involving 1 acre or more on University owned or operated property.

To obtain coverage under the General Stormwater Construction Permit and comply with the Phase II Stormwater requirements, the operator must:

  1. Develop a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must be maintained at the construction site at all times.

  2. Submit a "Notice of Intent" to the NYSDEC. There will be a 5 - 60 day review period prior to permit coverage (construction must not start until operator receives acknowlegement letter from NYSDEC).

  3. Comply with the General Permit Requirements including Inspections and Reporting.

  4. Submit a "Notice of Termination" to NYSDEC upon completion of the construction activity

For more information on NYSDEC's Stormwater Construction Permit Requirements link to NYSDEC's Stormwater Information Website or contact Becky Ponza at 443-9133 or rjponza@syr.edu.

Stormwater Pollution Prevention Plan (SWPPP)
A SWPPP must be developed by an operator for applicable construction activities (i.e. non-exempt construction activity greater than 1 acre) prior to the initiation of the construction activity. The purpose of the SWPPP is to outline the actions that will be implemented as part of the construction activity to reduce or eliminate erosion and sediment loading to waters during construction activities and to eliminate the potential for NYSDEC Water Quality Standards violations in the receiving waters. An SWPPP must be developed prior to submittal of the "Notice of Intent" and inaccordance with sound engineering practices. The operator is responsible for ensuring that the provisions of the SWPPP are implemented. The SWPPP should not be submitted to NYSDEC unless specifically requested. A copy of the SWPPP must be readily available at the construction site at all times and must be maintained for a period of three years from the date that the site is finally stabilized.

A basic SWPP must at a mimimum include:
  • Narrative Report: general information about the site (including description of soils) and the planned project and identification of potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges.
  • Site Maps
  • Stormwater Controls: description of practices which will be implemented to reduce the pollutants in the stormwater. Dimensions, material specifications and installation details for all practice to be used should be included.
    • Erosion and Sediment controls (required in all plans)
    • Water Quality/Quantity Controls (required for certain activities)
  • Construction Sequence Schedule
  • Maintenance and Inspection Schedule
  • Contractor Certification: All contactors and subcontractos identified in a SWPPP must sign a "Certification Statement" before undertaking any construction activity at the site. All certifications must be included in the SWPPP. The certification statement language is available on page 17 of the General Permit
NYSDEC encourages operators to have their SWPPP reviewed for accuracy and completeness by the local soil and water conservation district (SWCD) and/or other professional qualified in erosion and sediment control practices and stormwater management.

For more information on NYSDEC's Stormwater Construction Permit Requirements link to NYSDEC's Stormwater Information Website or contact Becky Ponza at 443-9133 or rjponza@syr.edu.

Notice of Intent (NOI)
 In order to obtain coverage under NYSDEC's General Permit for Stormwater Discharges from Construction Activities (GP-02-01), a NOI must be submitted to the NYSDEC. Prior to submitting the NOI the operator should read and understand the requirements of the General Permit and also prepare a SWPPP.

The completed NOI can be submitted to the NYSDEC either electronically via the electronic NOI form, E-NOI, or via standard mail to: NYSDEC "Notice of Intent:, Bureau of Water Permits, 625 Broadway, Albany, NY 12233-3505. The NOI must be signed by an authorized signator (i.e. Vice President) of the University who performs policy or decision making functions for the University. A copy of the NOI must also be conspicuously posted at the construction site.

Coverage under the General permit begins 5 or 60 business days after the NYSDEC's receipt of the NOI. Five (5) day coverage applied to an NOI which has a SWPPP that has been developed in comformance with NYSDEC's technical standards. Sixty (60) day coverage applies to an NOI with a SWPPP that deviates from NYSDEC's technical standards.

For more information on NYSDEC's Stormwater Construction Permit Requirements link to NYSDEC's Stormwater Information Website or contact Becky Ponza at 443-9133 or rjponza@syr.edu.

Inspection Requirements
  • Prior to Commencement of Construction Activities: The operator must have a qualified professional conduct an assessment of the construction site and certify in an inspection report that the appropriate erosion and sediment controls have been adequately installed and implemented.
  • During Construction Activities: A site inspection must be conducted by a qualified professional at least every 7 calendar days and within 24 hours following a rain storm event of 0.5 inches or greater.
  • Following Final Site Stabilization: A qualified professional must perform a final site inspection and certify that the sitre has undergone final stabilization. Final site stabiliation means that all soil-disturbing activities have been completed and a uniform, perennial vegetative cover or equivalent stabilization measures have been established on all unpaved areas or areas not covered by a permanent structure.
The required site inspections must include an inspection of all sediment control practices and a record of the estimated degree of sediment accumulations and an inspection of all erosion and sediment control practices and all maintenance requirements (i.e. verifying barrier integrity). It must also include a summary of all defieciencies that are identified with the implementation of the SWPPP. During the site inspection the following information must also be recorded on a site map:
  1. extent of disturbed areas and drainage pathways
  2. Areas expected to undergo initial disturbance inthe next 14 days
  3. All sites that have undergone temporary/permanent stabalization and
  4. Disturbed sites that have not undergone active site work in the last 14 days
Reporting and Recordkeeping Requirements
  • Quarterly Status Report: The operator shall prepare a written status summary with regards to compliance with the general permit ever three months during which coverage under the permit exists. The summary must address the status of each componebnt of the SWPPP and should be maintained with the SWPPP.
  • Site Log Book: Inspection results must be maintained in a site log book. The site log book must be maintained at the construction and be available availabe to the NYSDEC upon request.
  • Posted Inspection Summary:The operator must post at the construction site, in a publically accessible location, a summary of the site inspection activities on a monthly basis.
  • SWPPP: The operator must maintain a copy of the SWPPP at the construction site from the date of the initiation of construction to the date of final stabilization.The operator must also maintain the SWPPP, any reports submitted in conjunction with the General Stormwater Permit, and records of all data used to complete the NOI for a period of 3 years from the date that the site is finally stabilized.
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For more information on NYSDEC's Stormwater Construction Permit Requirements link to NYSDEC's Stormwater Information Website or contact Becky Ponza at 443-9133 orrjponza@syr.edu.

Notice of Termination (NOT)
When the construction site has been finally stabalized, the operator must submit a NOT to the NYSDEC. The operator must identify and certify that all permanent stormwater management structures that have been constructed. The NOT must be signed by an authorized signator (i.e. Vice President) of the University who performs policy or decision making functions for the University.

For more information on NYSDEC's Stormwater Construction Permit Requirements link to NYSDEC's Stormwater Information Website or contact Becky Ponza at 443-9133 or rjponza@syr.edu.

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Page Last updated: June 16, 2005