Our last Transportation Alert highlighted Phase II Stormwater questions posed to the NYS Department of Environmental Conservation (NYSDEC). Here are more questions that pertain to stormwater management on highway operations and the corresponding NYSDEC responses.

Q. The regulations stipulate that the operator/owner of a site is responsible for obtaining the permit. For a street construction, does that make the street owner responsible (i.e., the county or town for public streets)?

A. Yes. The general permit (GP-02-01) requires the operator of the construction activity to obtain permit authorization for any discharges. Operator is defined as the person, persons, or legal entity which owns or leases the property on which the construction activity is occurring.

Q. For projects such as the construction of 100-miles of highway, what location should be provided on the Notice of Intent (NOI)?

A. The midpoint of a linear construction project should be used as the site location on the NOI form.

Q. Does a utility company (water, sewer, electric, cable, etc.) that is contracted to provide service inside a new development or right of way need to obtain a permit coverage under GP-02-01 if they are not the operator/owner? Or do they merely have to sign the contractor certification for the developers permit?

A. The utility company is not required to obtain permit coverage. However , they are required to sign the contractor certification as part of the operator’s permit requirements.

Utility companies that disturb more than one acre in an area that has already obtained permit coverage must wait until the operator for that area obtains permit coverage. In some cases, the operator is the utility. In other cases, it is the locality that owns the road or other right of way used by the utility. In many cases, utilities are only required to implement the erosion and sediment controls because of the nature of the hydrology of the site when construction is complete.

Q. If stormwater discharge from construction activity flows to catch basins in the street, and these catch basins lead to a stream, is coverage needed?

A. Yes, discharges to catch basins that are part of a municipal separate storm sewer system require coverage under GP-02-01.

Q. For construction activity that uses off-site "borrow pits" for excavation of fill material, sand, or gravel, should the number of disturbed acres at the borrow pit be added to the number of acres at the construction site to determine the total number of disturbed acres?

A. No. Off-site borrow pits are not considered part of the on-site construction activity. If a borrow pit is specifically used for the removal of materials such as sand, gravel, or clay, the pit is considered a mine and is classified under SIC Code 14. Such sites would be regulated as industrial activity as defined at 40 CFR 122.26(b)(14)(iii). However, if the borrow pit is utilized for the removal of general fill material (e.g. dirt) and disturbs one or more acres of land, the pit would be considered a construction activity as defined at 40 CFR 122.26(b)(14)(x).

For additional information, visit the NYSDEC website at www.dec.state.ny.us/website/ dow/toolbox/constrfaq.pdf.