New York City MS4 Permit Activities - Update

Florida Stormwater Association

2018 Annual Conference Floren Poliseo, MS4 Program Manager, NYC DEP

Scott McClelland, Vice President, CDM Smith Inc.

Acknowledge Support of: Pinar Balci, Assistant Commissioner, NYC DEP

Municipal Separate Storm Sewer System Permit (MS4 Permit) – Cycle 1

o Effective date: August 1, 2015

o Duration: renewal every 5 Years

o Permit intent: to implement measures to reduce pollution in stormwater runoff

o NYC is required to develop a Stormwater Management Program (SWMP) to submit to NYSDEC on August 1, 2018

New York State Pollutant Discharge Elimination

System (SPDES)

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Separate Sewer Versus Combined Sewer?

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Municipal Separate Storm Sewer System • A conveyance or system of conveyances; • owned by a state, city, town, village, or other public entity that discharges to waters of the US; • designed or used to collect or convey stormwater (including storm drains, pipes, ditches, etc.); • not a combined sewer; and • not part of a Publicly Owned Treatment Works (sewage treatment plant).

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The MS4 Permit regulates drainage areas (collectively called the MS4 area) where stormwater drains:

MS4 Permit and Stormwater Management Program

o To a city-owned MS4

o By overland flow from a city-owned facility

SWMP Plan (the Plan)

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i. Executive Summary ii. Introduction Chapter 1: Legal Authority and Program Administration Chapter 2: Public Education and Outreach Chapter 3: Public Involvement and Participation Chapter 4: Mapping Chapter 5: Illicit Discharge Detection and Elimination Chapter 6: Construction and Post-Construction Chapter 7: Pollution Prevention/Good Housekeeping Chapter 8: Industrial and Commercial Stormwater Sources Chapter 9: Control of Floatable and Settleable Trash and Debris Chapter 10: Monitoring and Assessment Program Chapter 11: Special Conditions for Impaired Waters Chapter 12: Recordkeeping and Reporting

Summer 2017 – March 2018 April – August 2018

Plan Development & Review Process

2015 – 2017 Interagency

coordination DEC coordination Public Meetings Progress Reports

and Public Comment Periods

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Draft development Draft evolved through

multiple review rounds/review by interagency work group

Plain language and graphics review

Draft available for public comment

Public meetings Draft evolved through

multiple reviews Submittal of plan to

State

• Full Plan available at www.nyc.gov/dep/ms4 • Public-friendly Executive Summary also available

1. Legal Authority and Program Administration

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Stormwater Controls Working Group

• City Agencies with responsibilities under the MS4 Permit

DCAS, DCP, DDC, DEP, DOB, DOC, DOE, DOHMH, DOT, DPR,

DSNY, FDNY, NYPD, SBS • DEP coordinates the Program

Administration on behalf of the City

Enforcement Response Plan: Completed

Fiscal Analysis: Ongoing

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Legal Authority: NYC Stormwater Law signed May 2017

1. Legal Authority and Program Administration

2. Public Education and Outreach

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Major MS4 Permit Requirements: Educate New Yorkers about:

• Impacts of stormwater discharges on waterbodies

• Pollutants of concern and their sources

• Actions to reduce pollutants in stormwater runoff

• Ways to report illicit discharges and water quality issues

• Hazards associated with illicit discharge and improper disposal of waste

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The City has identified: • Target Audiences (educators, residents, etc.) • Existing City Programs (shoreline cleanups) • Pollutants and Waterbodies of Concern

New and Ongoing Initiatives include: • Updates to 311 reporting hotline • MS4 updates to agency websites and social

media programming • Cooperative efforts with local organizations and environmental advocates • Workshops, trainings, presentations, and other events

2. Public Education and Outreach

Program Overview

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2. Public Education and Outreach

Measurable Goals Measures

Develop, implement, and assess an ongoing public education and outreach program

List of education & outreach programs/events and relevant metric(s) for each (e.g. number of participants, events, or materials distributed) List of planned educational and outreach programs/activities to be undertaken in the next reporting cycle

Develop and implement educational and informational activities related to illicit discharges for businesses and the general public

List of education & outreach programs/events and relevant metric(s) for each (e.g. number of participants, events, or materials distributed) List of planned educational and outreach programs/activities to be undertaken in the next reporting cycle

Promote, publicize, and facilitate public reporting of illicit discharges and potential water quality impacts

Summary of public reports received by 311

3. Public Involvement & Participation

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• Seek input from stakeholders about

the development, implementation, review, and revision of the SWMP

• Provide opportunities for: • public participation • the public to comment on the

Plan and future Annual Reports • public participation in

stormwater related activities

• Provide a mechanism for the public to report and request stormwater information

Major MS4 Permit Requirements:

3. Public Involvement & Participation

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How have New Yorkers participated? Since 2015 there have been:

~50 Stakeholder Meetings

100+ public comments received. A final summary of all comments and the City’s responses will be included in the Plan.

Program Overview

4. Mapping

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• Identify and map the MS4

Area including MS4 outfalls, and other info such as land use, park and open space locations, etc.

• Submit a preliminary MS4 Map to NYSDEC in 2018 and a Final MS4 map in 2020

• Update the Final MS4 Map every 5 years

Historical MS4 Map

Major MS4 Permit Requirements:

4. Mapping

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The City has: • Identified existing maps and data sources • Established methodologies for the Preliminary Map and the Final

Map Preliminary Map:

• The City has developed guidance for agencies to map their MS4 drainage area and outfalls

• DEP has completed delineating areas draining to 363 DEP MS4 outfalls

• Agencies are currently mapping or preparing to map their MS4 area and outfalls

• MS4 map will be provided in an interactive, user-friendly format

Program Overview:

5. Illicit Discharge Detection & Elimination (IDDE)

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Major MS4 Permit Requirements: • Prohibit illicit discharges into the

MS4

• Detect and eliminate unauthorized discharges to the MS4

• Describe procedures to prevent, contain, and respond to spills that may discharge to MS4

• Educate public employees, businesses, and the general public about the hazards of illegal discharges

5. IDDE

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Program Overview

Harbor Survey Monitoring

6. Construction / Post-Construction

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Major MS4 Permit Requirements: • Review and approve Stormwater Pollution

Prevention Plans (SWPPPs)

• Maintain an inventory of active construction sites and conduct inspections

• Maintain an inventory of Post-Construction Stormwater Management Practices (SMPs) and inspections

• Educate relevant stakeholders

• Conduct a study to determine a reduction in the lot-size soil disturbance threshold that triggers regulatory requirements

6. Construction and Post-Construction

Program Overview

4 Program Elements: • SWPPP Review

• Permitting

• Inspecting

• Education and Training

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6. Construction / Post-Construction

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No Net Increase Analysis submitted to DEC Feb. 1, 2018 • Required in SWPPPs for development projects meeting all of these criteria:

o Disturbs ≥1 acre soil

o Increases impervious cover

o Drains to impaired waterbodies, identified in the MS4 Permit (Appendix 2)

• The MS4 NYC Stormwater Design Manual (coming soon) will detail compliance criteria (refer to POCs):

o Floatables: Design and implement SMPs in accordance with the NYS Stormwater Design Manual.

o Phosphorus: Design and implement SMPs in accordance with Chapter 10 of the NYS Stormwater Design Manual.

o Pathogens: Design and implement SMPs in accordance with the NYS Design Manual, with added enhancements and site management practices to reduce the potential for pathogens to enter the MS4, as detailed in the NYC Stormwater Design Manual.

o Nitrogen: Design and implement practices to show no net increase in total nitrogen load. Provide pollutant calculations using the loading and removal data provided in the NYC Stormwater Design Manual.

Threshold Study Recommendation

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DEP will propose to adopt a 20,000 SF threshold as a recommendation for

reduction from 1 acre; applicable to both construction and post-construction for

on-site new/re-development projects

• Supported by most of the metrics utilized in the study o Number of permits o Number of managed acres o Cost/Benefit

• Takes into account costs to individual households and borough-specific

impacts

• Considers staffing resources to accommodate permit reviews and inspections

• Provides flexibility for site constraints through a hierarchy of stormwater control measures (i.e., soil suitability, site availability)

For these reasons, a 20,000 SF disturbance threshold is the

maximum extent practicable (MEP) in NYC

7. Pollution Prevention/Good Housekeeping (PP/GH)

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Major MS4 Permit Requirements: • Develop a program to address

municipal operations and facilities

• Prepare an inventory of municipal operations and facilities with preliminary prioritization of high, medium, and low categories

• Prepare a procedure for self-assessment

• Identify best management practices and stormwater control measures

• Create an employee training program

7. PP/GH

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• Builds upon existing City agency practices

• Prepared an initial inventory of municipal operations and facilities and prioritized sites by high, medium, and low risk

• Prepared a standardized procedure for prioritization for all City agencies and operations

• Prepared a procedure for self-assessment

• Developed 38 stormwater

control measures (SCMs)

• Incorporated feedback from the public

• Developed criteria for agencies to consider incorporating green infrastructure

Program Overview

Agency

Number of Facilities Number of

Sites Low Priority Medium

Priority

High

Priority

DCAS 2 3 - 5

DEP 16 115 - 131

DOC - - 2 2

DOE 14 146 - 160

DOT 55 21 2 78

FDNY 35 40 76

DSNY 26 34 3 63

DPR 172 91 - 263

NYPD 22 44 2 68

Total 342 494 10 846

Note: Inventory is dynamic in nature, sites are added or removed based on agency’s real estate needs. Agencies will be reporting on their inventory on an annual basis.

7. PP/GH

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SCMs were vetted by agencies and the public.

Program Overview

Stormwater Control Measures (SCM) Checklists Used SCM-1 – Vehicle/Equipment Maintenance SCM 2 – Vehicle/Equipment Cleaning SCM-3 – Vehicle/Equipment Fueling SCM-4 – Truck Bed Management SCM-5 – Vehicle/Equipment Storage SCM-6 – General Outdoor Storage SCM-7 – Above-Ground Storage Tanks SCM-8 – Underground Storage Tanks SCM-9 – Drum Storage and Management SCM-10 – Material Stockpile SCM-11 – Catch Basin/Inlet Cleaning and Repair SCM-12 – Storm Sewer / Underground Facility Cleaning and Repair SCM-13 – Ditch/Open Channel Cleaning and Repair SCM-14 – Green Infrastructure / Open Facility Maintenance SCM-15 – Hydrologic Habitat Modification SCM-16 – Pavement Cleaning SCM-17 – Winter Pavement Maintenance SCM-18 – Pavement/Sidewalk Resurfacing/and Repair SCM-19 – Spill prevention and Response SCM-20 – Bridge/Elevated Structure Maintenance SCM-21 – Herbicides/Pesticides/Fertilizer Application SCM-22 – Landscape / Grounds Care SCM-23 – Turf Management SCM-24 – Golf Courses SCM-25 – Animal Recreational Facilities/Stables Maintenance SCM-26 – Waste Management and Disposal SCM-27 – Debris Management and Disposal SCM-28 – Waste Transfer Stations SCM-29 – Landfill Runoff SCM-30 – Shooting Ranges SCM-31 – Building Repair and Remodeling SCM-32 – Painting SCM-33 – Swimming Pool Maintenance/Discharges SCM-34 – Dock/Pier Maintenance SCM-35 – On-Land Marine Vessel Maintenance and Repair Areas SCM-36 – Marine Fueling Stations SCM-37 – Loading/Unloading SCM-38 – Erosion and Sediment Control

7. PP/GH

Conducted assessments for the 10 High Priority Sites • Operations evaluated at these sites included:

o Material stockpile management,

o Waste management,

o Vehicle management activities, and

o Catch basin Maintenance

• Sites were re-prioritized using on-site observations and current data:

o Seven sites remained high risk

o Three sites were re-classified to medium risk

• Assessment revealed less quantities, exposure and operation frequency than originally estimated.

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8. Industrial and Commercial (I/C) Stormwater Sources

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Major MS4 Permit Requirements: • Develop a program to inspect MSGP

facilities

• Develop a plan to asses and inspect unpermitted facilities to determine if they are significant contributors of POCs to impaired waters

• Coordinate with NYSDEC on the Multi-Sector General Permit (MSGP) for Stormwater Discharge from Industrial Activities

• Prepare and maintain a facility inventory

• Implement a staff training program

8. I/C Stormwater Sources

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Program Overview

• Establishes a protocol for inspecting facilities with NYSDEC MSGP coverage

• Establishes a protocol for assessing facilities to determine if they are significant contributors of POCs to impaired waters

• Establishes an Industrial and Commercial Facility Inventory with four categories

• Category 1: No Further Action

• Category 2: Facilities with NYSDEC No Exposure Certification

• Category 3: On-site Assessment for Potential Referral to NYDEC

• Category 4: Ongoing MSGP inspections based on Priority Rating

9. Floatable and Settleable Trash & Debris

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Major MS4 Permit Requirements: • Develop and implement a work plan to

determine the loading rate for floatables discharged from the MS4

• Assess and implement strategies to reduce floatables from the MS4

• Continue to implement existing controls (DEP catch basin hooding, DSNY street sweeping, etc.)

• Implement a media campaign to educate the public

9. Floatable and Settleable Trash & Debris

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New and Ongoing Initiatives include:

• Continue to implement existing programs to manage trash and debris

• Review available technologies and controls

• Develop a Loading Rate Work Plan

Don’t Trash Our Waters Event at New York Aquarium

• Establish a methodology for selecting technologies and controls

• Implement media campaigns to educate the public about the impact of litter on water quality

Program Overview

Draft Work Plan:

• Submitted to New York State DEC on August 1, 2017

• To determine the loading rate of trash and debris from the MS4, the work plan:

o Identifies categories of catch basins that are likely to have different loading rates of trash and debris based on characteristics such as street cleanliness, catch basin type, street sweeping frequency, and land use

o Will conduct field monitoring at 3 catch basins per category for approximately 7 months

o Analyze data to establish loading rates for each MS4 outfall

In response to public feedback, the City: • Is considering adding an additional category of

catch basins to capture trash and debris specifically from exit ramps and turn outs on highways

• Is considering a separate data collection initiative to see if catch basin markings have an effect on loading rates

9. Floatable and Settleable Trash & Debris

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10. Monitoring and Assessment

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Major MS4 Permit Requirements:

• Assess MS4 Permit compliance

• Measure the effectiveness of the SWMP

• Characterize and assess the quality of stormwater discharges at representative MS4 outfalls

• Identify sources of specific pollutants

• Detect and eliminate illicit discharges

• Evaluate long-term trends in water quality

10. Monitoring and Assessment

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• Continue to implement existing monitoring programs (Sentinel Monitoring, Shoreline Survey, Harbor Survey, Beach Sampling)

• To implement the MS4 Monitoring Program into two phases and assess:

Phase Parameter Frequency Goal

Phase 1: Land Use- Based

• Residue • Pathogens • Nutrients • Metals • Oil and Grease • Field-in-situ • Flow

Quarterly for 2 years from 8 outfalls

Assess the effect of land use on stormwater discharge and pollutant concentrations

Phase 2: Targeted Outfalls and Receiving waterbodies

Based on Phase 1 Results

Based on Phase 1 Results

Evaluate long-term trends

Program Overview

11. Special Conditions for Impaired Waters

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Major MS4 Permit Requirements: Implement special conditions and targeted efforts for: • Impaired waters without Total Maximum Daily Loads (TMDLs)

• Impaired waters with NYSDEC approved Combined Sewer

Overflow Long Term Control Plans (CSO-LTCPs)

11. Special Conditions for Impaired Waters

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Enhanced or additional Stormwater Control Measures for Coney Island Creek • Pet Waste Management • Increased Monitoring • Signage Deployment • Catch Basin Markings

• Source Tracking • Public Education & Outreach • Public On-site Green

Infrastructure Pilot Projects

Program Overview

12. Recordkeeping & Reporting

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The City will: • Keep records and manage

data on all measureable goals

• Develop a Consolidated Information Tracking System

• Develop and distribute

Annual Reports for public review and comment

For more information, visit: nyc.gov/dep/ms4

Questions and comments on the NYC Stormwater

Management Program Plan can be submitted to: ms4@dep.nyc.gov

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