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regulatory control of runoff from construction activities at the local level for erosion and sediment control (E&SC). Municipalities must regulate the E&SC practices of all construction activities disturbing one or more acres of soil within their jurisdiction. Municipalities must assume this responsibility by issuing permits to construction site operators to control erosion and sediment transport, at the site, during construction.
The Phase II regulations for erosion & sediment control (E&SC) remain, largely, the same as the Phase I NPDES/SPDES; to gain coverage under the General Construction SPDES Permit (GP-02-01) operators, contractors, and developers must prepare a Stormwater Pollution Prevention Plan (SWPPP) and file a Notice of Intent (NOI). The single largest change in the permit process is the reduction of the area disturbed to one (1) acre, down from five (5) acres. Also, some of the practices of the past are no longer considered “acceptable” by the Department (DEC). Municipal Planners, Engineers, and Planning Boards should check with local DEC Personnel to ensure SWPPP adherence to current E&SC on-site practices.
 Contractors and Developers that engage in construction activities disturbing one or more acres of soil through clearing, grading and grubbing must prepare a
Stormwater Pollution Prevention
Plan (SWPPP). “Swips” are a site specific plan detailing structural and non-structural measures that will be implemented, on-site, to prevent erosion and control sediment transport from the site.
Once the SWPPP is prepared Contractors and Developers must file a Notice of Intent (NOI) requesting coverage under the GP-02-01 SPDES Permit for Stormwater Discharges from Construction Activities for the project named in the SWPPP. Depending on the SWPPP, applicants whose SWPPP meets DEC requirements by utilizing the NYS Guidelines for Urban Erosion and Sediment Control
(the “Blue Book”) should receive coverage in
5 business days. Applicants that do not specify that they have utilized the Blue Book must wait
60 business days. Either way, applicants should begin to develop a SWPPP early in the process and be prepared to file the GP-02-01 NOI with ample time to receive permit coverage before construction commences (i.e. clearing & grading).
 Contractors & Developers have a special responsibility...preventing erosion and sediment transportation in Saratoga County is a critical aspect of better stormwater management and better watershed health. “But, My job is only one acre...what could it hurt...?!”
QUICK FACTS: From 1980 to 2000 the County population grew by 30.5%. Today the County continues this trend. In any one year there may be as many as 1,200 or more new project-starts. An un-managed site can produce up to
2,000 times the sediment-laden runoff as an undeveloped parcel. All those projects add up.
When the project adds up to a little more than a single home Contractors & Developers must also have included a “Post-Construction” runoff control plans. If you are unsure if your project requires Post-Construction Runoff Control measures contact regional DEC Division of Water Personnel.
Below are links and online resources that can be used by Planners, Engineers, or anyone reviewing a
SWPPP:
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