Posts by » Michael Bogin

A new State Pollutant Discharge Elimination System (“SPDES”) General Permit For Stormwater Discharges From Construction Activity took effect on January 29, 2015. The New York State Department of Environmental Conservation’s (“DEC”) new General Permit, GP-0-15-002, replaces the prior version, GP-0-10-001. It applies to construction projects that disturb an acre or more, with lower thresholds applying … Read Post

A recent review of the New York State Department of Environmental Conservation (“DEC”) Spills Database by the Long Island-based environmental consulting firm Roux Associates, Inc. shows that DEC has been inundated with nearly 1,700 new spills of chemicals, petroleum and other hazardous materials in the few weeks since Tropical Storm Sandy hit the region.  Typically, there … Read Post

The New York State Department of Environmental Conservation (“DEC”) has issued a General Permit for the coastal areas of Long Island, New York City and the lower Hudson Valley. Approved projects include stabilizing existing dwellings, decks and walkways with temporary bracing and pilings; installing sandbags or sand cubes at the toe of damaged structures or … Read Post

The aftermath of Hurricane Sandy highlights why coastal flooding and stormwater control can be expected to receive increased regulatory attention.  As the New York metropolitan area struggles to regain its footing, regulators can be expected to take a closer look at plans to manage industrial stormwater runoff, which can carry chemicals, oil, and other pollutants.  … Read Post

New York City developers now have a new factor to consider in project design.  On January 4, 2012, the Department of Environmental Protection (“DEP”) adopted a new stormwater performance standard (the “performance standard”), requiring large and medium-scale development projects in combined sewer areas to incorporate larger detention basins or install relatively expensive green or blue … Read Post

We are pleased to report that Governor Andrew Cuomo has appointed Steven Russo to serve as Deputy Commissioner and General Counsel of the New York State Department of Environmental Conservation (DEC).   Steve has been a valued SPR partner, colleague and friend for over 15 years. Steve graduated from Columbia Law School in 1989, where he … Read Post

The New York State Department of Environmental Conservation (“DEC”) has released its draft Supplemental Generic Environmental Impact Statement (“SGEIS”) for natural gas drilling activities in the Marcellus Shale formation.  The draft SGEIS supplements the existing 1992 Generic Environmental Impact Statement (“GEIS”) and analyzes the range of potential significant adverse environmental impacts of shale gas development … Read Post

The U.S. Environmental Protection Agency (“EPA”) is proposing to add New York City’s Newtown Creek to its National Priorities List (“NPL”) of sites with known or threatened releases of hazardous substances throughout the United States and its territories. The NPL is EPA’s list of sites that warrant further investigation and long-term cleanup.  This proposed action … Read Post

In a move that signals increased enforcement efforts for stormwater violations, the Environmental Protection Agency (EPA) Region 2 recently issued an order requiring the Village of Port Chester, NY, to comply with the stormwater requirements of the Clean Water Act, due to elevated bacteria levels revealed by sampling.  The order comes shortly after Region 2 … Read Post