Posts marked "Stormwater"

On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is … Read Post


For the first time, the City of New York has proposed a Stormwater Management Program (SWMP) to describe how the City will satisfy the requirements of its SPDES Municipal Separate Storm Sewer System (MS4) Permit.  This means that, as soon as this fall, certain large construction projects in the City will need City Department of … Read Post


The New York State Department of Environmental Conservation (NYSDEC) has finalized the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), which will take effect on March 1, 2018. Coverage under the MSGP may be obtained by applicants whose facilities conduct any of the industrial activities listed in … Read Post


The New York State Department of Environmental Conservation (“DEC”) recently issued a revised proposed regulation projecting sea-level rise for three geographic regions of the state:  Long Island, New York City/Lower Hudson, and Mid-Hudson.  This action implements the Community Risk and Resiliency Act (“CRRA”), a statute enacted in 2014 that requires consideration of climate change impacts … Read Post


On Tuesday, May 5, 2015, New York’s highest court upheld the New York State Department of Environmental Conservation’s (“DEC’s”) permitting scheme for municipal separate storm sewers. DEC implements the federal Clean Water Act (“CWA”) in New York, issuing State Pollutant Discharge Elimination System (“SPDES”) permits for discharges of pollutants according to federal regulations issued by … Read Post


“How do we create the best possible waterfront?”  The Metropolitan Waterfront Alliance proposes an answer to that longstanding question in its Waterfront Edge Design Guidelines, or “WEDG.”   Released in January 2015, WEDG promotes design concepts for creating waterfronts that are publicly accessible, sustainable, resilient, and ecologically sound.  In addition to presenting guiding principles and best … Read Post


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


Pursuant to a settlement agreement reached between the EPA and housing trade groups, the EPA has finalized revisions to the effluent limitations guidelines and standards for the Construction and Development (“C&D”) point source category under the Clean Water Act.  The practical effect of the revised C&D rule is that it eliminates the numeric limitations for … Read Post


Earlier this month, the New York State Department of Environmental Conservation (“DEC”) issued a public notice of its draft State Pollutant Discharge Elimination System (“SPDES”) permit for stormwater discharges from Municipal Separate Storm Sewer Systems (“MS4s”) owned or operated by the City of New York. The following areas are covered under the new MS4 permit: … Read Post