This Minimum Control Measure emphasizes the reduction or elimination of pollutants to the municipal separate storm sewer system that may emanate from construction sites.

Regulated MS4s (with land use control capabilities) are encouraged to address this type of pollution through adoption or amendment of a local law or other regulatory mechanism. MS4s without land use control capabilities are encouraged to develop necessary policies and procedures, and include such requirements in lease agreements, bid specifications, contracts, and/or permits.

Other program elements required as part of this minimum control measure include enforcement procedures and actions to ensure compliance; requirements for construction site operators to implement appropriate erosion and sediment control BMPs; requirements for construction site operators to control waste at the construction site such as discarded building materials, truck washout, chemicals, litter and sanitary waste; procedures for plan review which incorporate the consideration of potential water quality impacts; procedures for receipt and consideration of information submitted by the public; and procedures for site inspection and enforcement of control measures.

In addition to the stormwater requirements that MS4s place on construction activities, the construction site operators must also apply for permit coverage directly from the State. A description of these requirements is included within the SPDES General Permit for Stormwater Discharges from Construction Activity.

Under the SPDES General Permit for Stormwater Discharges from Construction Activity, construction site operators must notify the state of any project disturbing one acre or more, prepare a formal written Stormwater Pollution Prevention Plan (SWPPP) and adhere to the provisions of the plan during and after construction. The SWPPP generally describes the erosion and sediment control practices and, where required, post-construction stormwater management practices that will be implemented to reduce the pollutants in stormwater discharges. The erosion and sediment control practices used are generally designed in conformance with the technical standards specified in the New York Standards and Specifications for Erosion and Sediment Control and the NYS Stormwater Management Design Manual. It should be noted that the Stormwater Pollution Prevention Plan (SWPPP) required of construction site operators is different than the Stormwater Management Program Plan (SWMP) required of regulated MS4s.

Additionally, in certain areas that have current Watershed Improvement Strategies and/or Total Maximum Daily Load (TMDL) requirements, the regulated community may also be required to undertake additional activities such as: regulating construction activity disturbing as little as 5000 square feet; and, conducting compliance inspections on these sites. The details associated with these additional requirements are further described, and should be referenced, in the SPDES General Permit for Stormwater Discharges from MS4s.

Activities and BMPs that have been accomplished to date for this Minimum Control Measure are included within the required MS4 Stormwater Annual Report form and Municipal Compliance Certification. Copies of these documents can be found at the following link (Annual Reports). Copies of various documents and specific products relating to this minimum control measure are included under "Related Documents".

A summary of the effectiveness of this program, associated BMPs, activities and an assessment of measurable goals can be found under the heading "Program Reporting and Effectiveness".

NYS Standards and Specifications for Erosion and Sediment Control

NYS Stormwater Design Manual

NYS Stormwater Construction Site Inspection Manual

Scheduled DEC endorsed 4-Hour, Erosion and Sediment Control (ESC) Training

NYS SPDES General Permit for Stormwater Discharges from Construction Activity

EPA Construction Site Stormwater Runoff Control Home Page

EPA Construction Site Runoff Control Fact Sheet

IMPORTANT: New Regulations for Construction Activities Are you planning a construction project in the near future? You should be aware of a few regulations before you start. Since 2003, where projects with at least 1 acre of soil disturbance are planned, the owner of the site has been required to obtain a Construction Activities Permit from the DEC. This year (2010), presents an additional permit required for MS4 communities. If a project is planned anywher within an MS4 community, the owner of the site is also required to obtain a SWPPP Acceptance form from the MS4 itself. Confused? Here's some explanation: MS4s are Municipal Separate Storm Sewer Systems. These are the storm sewers that are owned by municipalities in the Utica Urbanized Area. The MS4 communities include the City of Utica, the Towns of Deerfield, Marcy, Whitestown, New Hartford, Kirkland, Paris and Schuyler and the Villages of Clinton, New Hartford, New York Mills, Yorkville, Whitesboro, and Oriskany. Water discharging from these storm sewers has been regulated by the EPA and the DEC since 2003 because polluted stormwater is responsible for 40% of the contamination in our lakes, streams and wetlands. Stormwater sewer systems are not directed to wastewater treatment plants for filtration. Instead, the discharge is released untreated, directly into streams like the Oriskany and the Sauquoit and the Mohawk River. Sediment from construction sites has been found to be a major contributor to stormwater contamination. When sediment erodes from bare soils exposed on a construction site, the eroded soil travels through the storm sewer system and is deposited into our waterways. Along its path the sediment acts as a vessel that transports other pollutants such as nutrients, oil, and heavy metals. Sediment also smothers aquatic habitat and contributes to flooding by reducing the capacity of stream channels. Therefore, construction sites where at least 1 acre of soil will be disturbed are required to have Stormwater Pollution Prevention Plans or SWPPPs. These plans need to be prepared to DEC's standards which can be found within the General Permit for Construction Activities, GP-0-10-001. So, if you have a site where you'll be excavating, shaping, grading, and/or filling, and you live in one of the communities listed above, you'll need to present your SWPPP to the MS4 for review. When the MS4 has reviewed and approved the SWPPP, you'll then need to submit the MS4's SWPPP Acceptance Form to the DEC along with your Notice of Intent. Construction cannot begin until the DEC issues you a letter which contains your permit number. You should bring a copy of this letter to your MS4 office (Town Hall) and you'll receive a building permit. Copies of these forms are available on DEC's website at http://www.dec.ny.gov/chemical/43133.html#Forms. Keep in mind that there are different requirements for SWPPPs depending on what kind of construction site you'll have so please contact the DEC's Utica Office at 793-2554 or the Soil and Water Conservation District's Office at 736-3334 with any questions.

Logging Activities Require Forest Management Plans The NYSDEC requires that all logging sites where at least one acre of soil is disturbed must have a Forest Management Plan that includes Best Management Practices for Erosion and Sediment Control. Soil disturbed for haul roads and landings must be included. The Forest Management Plan should be created by a certified Forester. Sites with at least 1 acre of disturbance must also have a stabilized entrance in order to prevent tracking of mud onto public roads. If a site does not have a Forest Management Plan the site must have coverage under the DEC's General Permit for Construction Activities. Within an MS4 area (Towns of Deerfield, Marcy, Whitestown, New Hartford, Kirkland, Paris and Schuyler) logging sites are subject to inspection by MS4 personnel to ensure that sediment is not leaving the site. If you have any further questions please contact the Utica's DEC Office at 793-2554.