Phase II Storm Water Regulations

History

Phase I of the United States Environmental Protection Agency’s (EPA) storm water program began implementation in 1990 under the authority of the Clean Water Act of 1972.  Through the use of National Pollution Discharge Elimination System (NPDES) permits Phase I regulations dealt with the 3 following types of discharges:           

                       
                        1.  Large Municipal Separate Storm Sewer Systems (MS4),

                              which serve populations greater than 100,00

                        2.  Construction Activities that disturb five acres or more

                        3.  Industrial Activities

Phase II requires permits for storm water discharges from small MS4s located in Bureau of Census “urbanized” areas and construction activities disturbing areas greater than 1 acre but less than 5 acres.  Furthermore, the Phase II regulations require permitting agencies to develop designation criteria for all small MS4s that serve populations of 10,000 with an overall density of at least 1,000 / per square mile.

To comply with the EPA’s Phase II Stormwater regulations, the NYS Department of Environmental Conservation (DEC) has issued general permits that cover the operation of small MS4s as well as construction activities.  The permits are part of the State Pollution Discharge Elimination System (SPDES).

Requirements

Operators of small MS4’s must meet the following requirements:

           
            Apply for permit coverage by March 10, 2003

           
            Develop a Storm Water Management Plan that satisfies the

            6 minimum control measures set forth by the program

Implement the program using appropriate controls or Best  Management Practices

Identify measurable goals

Develop a schedule of activities

Define the responsible parties for implementation

Monitor and evaluate the success of the program

The Six Minimum Control Measures are defined as follows:

           
            1.  Public Education and Outreach

            2.  Public Participation/Involvement

            3.  Illicit Discharge Detection/ Elimination

            4.  Construction Site Runoff Control

            5.  Post Construction Runoff Control

            6.  Pollution Prevention/ Good Houskeeping

     In order to better understand and comply with the Phase II stormwater regulations, in 2003 the Town of Malta formed a Storm Water Management Committee consisting of a 9 member combination of community volunteers and proffessional staff.