Stormwater Management Permit Requirements

What is a SWPPP? A Stormwater Pollution Prevention Plan is a customized document including a report and plans that describes the erosion and sediment control practices and where required, post-construction stormwater management practices that will be used and/or constructed to reduce the pollutants in stormwater discharges and to assure compliance with the terms and conditions of the SPDES permit.

Not all SWPPP’s are the same. Broadly, SWPPP’s can be classified as two types, those requiring the inclusion of post-construction stormwater management practices and those without these practices. The “basic” SWPPP should be prepared when post-construction stormwater treatment is not required and includes erosion and sediment control. A “full” SWPPP includes everything a basic has plus post-construction stormwater treatment. Project conditions determine which SWPPP is required and Appendix B of the SPDES permit outlines these conditions. Part III of the permit as well as Town code chapter 167 article XA: Stormwater Control identifies what contents are required in each type of SWPPP.

Who can prepare a SWPPP? SWPPP’s can only be prepared by a qualified professional, as defined in the SPDES permit and in the Town Stormwater Control Code.

Prior to Construction

1. File a Notice of Intent (NOI) with DEC affirming that a SWPPP has been prepared and is being implemented, if required. If you begin construction before filing a NOI and obtaining coverage, you may be subject to a penalty of up to $25,000 per violation per day.
2. Hire a qualified stormwater inspector.
3. Verify that contractor has attended DEC erosion control training in the last three years. A list of upcoming classes is shown on the toolbox page.
4. Hold a pre-construction meeting with the Town. In addition to the Town and Owner, the owner’s contractor and inspector should be at the meeting.
5. File the maintenance agreement with the County Clerk.
6. Acquire a Town Soil Disturbance Permit, if required.

Inspection Requirements

Projects operating under a SPDES permit must have a qualified inspector. Depending on how many acres are disturbed, inspections must be done 1 or 2 times a week unless approval is received for lower frequency inspection. In addition, the Town Stormwater Management Officer or Town Engineer will inspect the site periodically to verify compliance with the permit and Town code. The Town requires 48 hour notice prior to the following construction benchmarks to facilitate inspections:

1. Start of construction.
2. Installation of sediment and erosion control measures.
3. Completion of site clearing.
4. Completion of rough grading.
5. Completion of final grading.
6. Close of the construction season.
7. Completion of final landscaping.
8. Successful establishment of landscaping in public areas.

Additional Information

The current SPDES Permit should be read and understood by the owner and any consultants or contractors they employ that are working under the permit. This website does not list all of the requirements of the permit or Town code. The permit outlines owner responsibilities, inspection requirements, filing for and terminating coverage. Projects incur an annual fee from DEC until they are terminated.

Permits and Checklists