VI. Phase II Stormwater Regulations
The 1972 Clean Water Act, enacted by Congress, established a policy to protect and
improve the waters of the United States. In 1987, Congress amended the Clean Water
Act to require implementation of a program to address storm water discharges.
Rules were promulgated by EPA to establish a phased approach to implementation
of the program which went into effect in 1992. Phase I required NPDES permits for a
number of categories of storm water discharges including industrial activities,
construction-related disturbances greater than 5 acres, and large and medium size
municipal separate storm sewer (MS4) operators.
Phase II of the program requires NPDES permits for construction disturbances of
one acre or greater and small MS4 operators located in an
Urbanized Area. Urbanized Areas are established by the US Census Bureau
"An urbanized area is a land area comprising one or more places- central place(s) -
and the adjacent densely settled surrounding area- urban fringe - that together
have a residential population of at least 50,000 and an overall population density
of at least 1,000 persons per square mile."
Those portions of a municipality located in an urbanized areas are automatically
designated and must comply with the Phase II requirements. In addition, the EPA
and/or a delegated authority can identify special areas which are considered
additionally designated areas, and which must also comply with the
Phase II Storm water Regulations.
The authority to administer the Clean Water Act and the storm water regulations can
be delegated to an individual State, as is the case in New York. In New York,
administration of the program is the responsibility of the Department of
Environmental Conservation. In implementing Phase II, the Department of
Environmental Conservation has determined that the East of Hudson reservoir
watershed, which includes all of Patterson, should be considered an
additionally designated area and subject to the Phase II requirements.
As required by the NYS DEC, on March 10, 2003 the Town submitted an application to
obtain coverage under the NYS DEC General Permit for MS4 operators. By submitting
an application (termed an NOI) the Town is agreeing to
develop, implement and enforce a storm water management program (SWMP)
designed to reduce the discharge of pollutants to the maximum extent
practicable. In addition, where storm water discharges are to a receiving
waterbody for which a total maximum daily load has been developed for any
particular pollutant, such as the East Branch Reservoir, the MS4 Operator must
also seek to attain a reduction in any pollutant of concern.
The six minimum measures that the Town of Patterson must address in their storm
water program are:
Documents relating to the Town of Patterson's Phase II Stormwater Management program
can be found on the Patterson
- Public Education and Outreach on Storm Water
An MS4 must, at a minimum plan and conduct an ongoing public education and
outreach program designed to describe the impacts of storm water discharges
on waterbodies, and how the pollutants found in the storm water can be
- Public Involvement/Participation:
An MS4 must, design and conduct a public involvement program. In addition,
the MS4 must conduct a public hearing on the annual report that is
submitted to the NYS DEC. And finally, the MS4 must identify a local point
of contact for public concerns regarding storm water management and
compliance with the permit.
- Illicit Discharge Detection and Elimination:
An MS4 must develop, implement and enforce a program to detect and
eliminate illicit discharges into the storm sewer system. An illicit
discharge is any discharge to a storm sewer system, such as a catch basin
or grass swale, which is not composed entirely of storm water and which
is a significant contributor of pollutants.
- Construction Site Storm Water Runoff Control:
An MS4 must implement and enforce a program to reduce pollutants
in any stormwater runoff from construction activities that result in a
land disturbance of greater than or equal to one acre.
- Post-Construction Storm Water Management:
An MS4 must develop and implement a program that includes a combination
of structural and/or non-structural management practices appropriate for
the community that will reduce the discharge of pollutants to the maximum
extent practicable In addition, the MS4 must adopt an ordinance or other
regulatory mechanism to address post-construction runoff from new
development and re-development projects to the extent allowable under
State or local law.
- Pollution Prevention/Good Housekeeping For
An MS4 must develop and implement an operation and maintenance program
that is designed to reduce and prevent the discharge of pollutants to the
maximum extent practicable from municipal activities, including but not
limited to park and open space maintenance, fleet and building maintenance,
new construction and land disturbances, storm water system maintenance,
roadway and right-of-way maintenance, marine operations, and hydrologic