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The MS4 Stormwater Management Program & Plan: Construction Site - Stormwater Runoff Control

Updated: Aug 20

This Minimum Control Measure emphasizes the reduction or elimination of pollutants to the municipal separate storm sewer system that may emanate from construction sites.

Regulated MS4s (with land use control capabilities) are encouraged to address this type of pollution through adoption or amendment of a local law or other regulatory mechanism. MS4s without land use control capabilities are encouraged to develop necessary policies and procedures, and include such requirements in lease agreements, bid specifications, contracts, and/or permits. Other program elements required as part of this minimum control measure include enforcement procedures and actions to ensure compliance; requirements for construction site operators to implement appropriate erosion and sediment control BMPs; requirements for construction site operators to control waste at the construction site such as discarded building materials, truck washout, chemicals, litter and sanitary waste; procedures for plan review which incorporate the consideration of potential water quality impacts; procedures for receipt and consideration of information submitted by the public; and procedures for site inspection and enforcement of control measures. In addition to the stormwater requirements that MS4s place on construction activities, the construction site operators must also apply for permit coverage directly from the State. A description of these requirements is included within the SPDES General Permit for Stormwater Discharges from Construction Activity. Under the SPDES General Permit for Stormwater Discharges from Construction Activity, construction site operators must notify the state of any project disturbing one acre or more, prepare a formal written Stormwater Pollution Prevention Plan (SWPPP) and adhere to the provisions of the plan during and after construction. The SWPPP generally describes the erosion and sediment control practices and, where required, post-construction stormwater management practices that will be implemented to reduce the pollutants in stormwater discharges. The erosion and sediment control practices used are generally designed in conformance with the technical standards specified in the New York Standards and Specifications for Erosion and Sediment Control and the NYS Stormwater Management Design Manual. It should be noted that the Stormwater Pollution Prevention Plan (SWPPP) required of construction site operators is different than the Stormwater Management Program Plan (SWMP) required of regulated MS4s. Additionally, in certain areas that have current Watershed Improvement Strategies and/or Total Maximum Daily Load (TMDL) requirements, the regulated community may also be required to undertake additional activities such as: regulating construction activity disturbing as little as 5000 square feet; and, conducting compliance inspections on these sites. The details associated with these additional requirements are further described, and should be referenced, in the SPDES General Permit for Stormwater Discharges from MS4s.To meet the Construction Site - Stormwater Management Control requirements, the MS4 has selected the following Best Management Practices (BMP's) and activities to ensure the reduction of all pollutants of concern in stormwater discharges to the maximum extent practicable.

Construction Site - Stormwater Runoff Control Law or Ordinance

Description of BMP/Activity: Draft and adopt a local stormwater law, ordinance or other regulatory mechanism to establish minimum construction site stormwater management requirements. The mechanism must provide equivalent protection to the NYS SPDES General Permit for Stormwater Discharges from Construction Activities and must be certified as such. This activity may also relate to, or be part of, the discussion of other activities and BMPs indentified below such as: the inclusion of: erosion and sediment controls; enforcement procedures; construction site waste management; procedures for SWPP plan review; procedures for receipt and consideration of information submitted by the public; procedures for site inspection, enforcement and sanctions. See PDF file below entitled "Local Law #2: Findings of Facts Relating to Stormwater Management"

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Erosion and Sediment Control Program


Description of BMP/Activity: Develop a program that requires operators to implement specific management practices to control erosion and sediment on regulated construction sites. These practices must meet the State's most up-to-date technical standards and are generally referenced in the New York Standards and Specifications for Erosion and Sediment Control and the NYS Stormwater Management Design Manual. This program activity may be included as part of the local law, ordinance or other regulatory mechanism

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Requirement for Stormwater Pollution Prevention Plans (SWPPPs)


Description of BMP/Activity: Develop a program that requires construction site operators to prepare and submit Stormwater Pollution Prevention Plans to the MS4. The required content for SWPPPs is specified in the NYS SPDES General Permit for Stormwater Discharges from Construction Activities. This program activity may be included as part of the local law, ordinance or other regulatory mechanism. See PDF file below entitled "Developing Your Stormwater Pollution Prevention Plan"

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Stormwater Pollution Prevention Plan (SWPPP) Review Program


Description of BMP/Activity: Develop and implement a program that provides for the MS4's review of Stormwater Pollution Prevention Plans prepared by construction site operators. This program generally includes a description of procedures for SWPPP submittal and the MS4's review. This program activity may be included as part of the local law, ordinance or other regulatory mechanism.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Public Response and Comment Program


Description of BMP/Activity: Develop and describe procedures for the MS4's receipt and follow-up on complaints and/or comments submitted by the public regarding construction site stormwater runoff. The program may address complaints received randomly from the general public and/or comments received as a result of submission and review of a SWPPP.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Construction Site Waste Management Program


Description of BMP/Activity: Develop a program that requires construction site operators to control construction site wastes such as discarded building material, truck wash-out, litter, sanitary waste or other waste that may cause adverse impacts to water quality.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Construction Site Inspection Program


Description of BMP/Activity: Develop and implement a program that allows the MS4 to conduct site inspection of construction sites and any related erosion and sediment control measures. The program describes inspection procedures and may also include procedures for tracking inspections and methods to identify priority sites for inspection.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Municipal Engineer

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Enforcement Program


Description of BMP/Activity: Develop and implement procedures for the enforcement of local erosion and sediment control measures on regulated construction sites. The enforcement program may allow for sanctions to ensure compliance and may outline steps to identify priority sites for enforcement based on inspection results.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Department of Public Works

Frequency of Activity:

  • Program Development: Single Occurrence (Includes Updates As Needed)

  • Implementation: Single Occurrence (Includes Updates As Needed)

Status - Program Development:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Construction Oversight Program


The construction oversight program shall be documented in the SWMP Plan and shall be reviewed and updated annually by April 1st and document any changes to the procedures in the  SWMP Plan. Construction sites shall also be prioritized in order of importance and potential stormwater impact according to the following:


High priority construction sites include construction sites:


  • With a direct conveyance (e.g. channel, swale, ditch, storm sewer) to surface water of nearby Oriskany Creek.

    • While Oriskany Creek is not a TMDL as listed in Table 3 or an impaired water listed in Appendix C of GP-0-24-001, it is assigned the classification noted below and should be treated as high priority.

      • B(T) classification: "B" signifies swimming and other recreational not suitable for drinking, and "T" signifies that it may support trout populations.

  • With greater than 5 aces of disturbed earth at any one time.

  • With earth disturbance within 100 feet of any lake or pond; and or

  • Within 50 feet of any rivers or streams.


All other construction sites are considered low priority.


Inventory of Construction Sites


Description of BMP/Activity: Establish and maintain an inventory of active construction sites within the MS4s jurisdiction. Annually, after initial prioritization, the Village shall update the construction site prioritization in the inventory based on information gathered as part of the construction oversight program. The Village shall include construction projects that disturb between 5000 sq.ft. and 1 acre in the applicable watershed as part of the construction site inventory. Construction projects meeting this threshold are typically low priority construction sites. The inventory should include the following:

  • Location

  • Owner/operator contact info

  • Receiving waterbody

    • Name

    • Class

    • WI/PWL Segment ID

  • Prioritization

  • Construction project SPEDES identification number

  • SWPPP approval date

  • Inspection history

  • Current status


Staff, Agency, and/or Organization Responsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Municipal Engineer

Frequency of Activity:

  • Program Development: On-going/Continuous

  • Implementation: On-going/Continuous

Status - Program Development:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[X] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [ ] On-Going - This activity will be undertaken throughout all years of the permit.


Municipal Staff Training


Description of BMP/Activity: Develop and implement a program to educate municipal staff, boards and enforcement officers about the State and local construction site stormwater runoff control requirements. Such training may include: a review of State technical standards, a discussion of when the local and State requirements apply, the procedures for review of SWPPPs, and procedures for site inspection.


A video entitled "Where Does Stormwater Go" was shown to the Village DPW Dept. on 3-6-24. The video discusses a variety of topics but most notably stormwater infrastructure and what we can do to improve our stormwater management practices, especially in the urban environment. Click on the link below to watch the video.


  • Program Development: Municipal Engineer

  • Implementation: Municipal Engineer

Frequency of Activity:

  • Program Development: On-going/Continuous

  • Implementation: On-going/Continuous

Status - Program Development:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit.


Construction Site - Stormwater Management Library


Description of BMP/Activity: Obtain and review copies of relevant documents, guidance and manuals such as the New York Standards and Specifications for Erosion and Sediment Control, the NYS Stormwater Management Design Manual and the NYS Construction Stormwater Inspection Manual.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Municipal Engineer

  • Implementation: Municipal Engineer

Frequency of Activity:

  • Program Development: On-going/Continuous

  • Implementation: On-going/Continuous

Status - Program Development:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit.


Administration of Construction Site - Stormwater Runoff Control Programs and Policy


Description of BMP/Activity: Establish Construction Site - Stormwater Runoff Control program responsibility, communication, coordination and authority within local departments and agencies. Evaluate existing capabilities, identify needs and designate key staff and their roles in the program.

Staff, Agency, and/or Organization Reponsible for Completing this Activity:

  • Program Development: Town or Village Board

  • Implementation: Town or Village Board

Frequency of Activity:

  • Program Development: On-going/Continuous

  • Implementation: On-going/Continuous

Status - Program Development:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit. Status - Implementation:

[ ] Completed - This activity has been completed [ ] Short-Term - This activity will be accomplished within the current reporting year. [ ] Long-Term - This activity will be accomplished within the 3 to 5 year permit cycle. [X] On-Going - This activity will be undertaken throughout all years of the permit.


Measurable Goals:

Regulated communities are required to collect and report information about the development and implementation of their stormwater program. Specific information that the MS4 is required to collect is generally included in the Annual Report and may also be reflected in related Self-Assessments (as applicable). MS4s are also required to identify "Measurable Goals" that will help them evaluate accomplishments and progress over time. The following "Measurable Goals" have been specifically identified for this Minimum Control Measure:

  • Number of SWPPPs reviewed: 0

  • Number of construction sites authorized for disturbances greater than or equal to 1 acre: 0

  • Number and type of enforcement actions: 0

  • Percent of construction sites inspected once: 0

  • Percent of construction sites inspected more than once: 0

  • Percent of relevant employees trained: 66

  • Quantity of educational materials distributed: 50 Documents

  • Number of Construction Site Runoff calls to the Hotline: 0


Program Accomplishments:

Activities and BMPs that have been accomplished to date for this Minimum Control Measure are included within the required MS4 Stormwater Annual Report form and Municipal Compliance Certification. Copies of these documents can be found under the heading "Program Reporting and Effectiveness". A summary of the effectiveness of this program, associated BMPs, activities and an assessment of measurable goals can also be found under the heading "Program Reporting and Effectiveness".


Other Related Documents:




Other Related Links:


NYS Standards and Specifications for Erosion & Sediment Control


NYS Stormwater Design Manual


Scheduled DEC endorsed 4-hour Erosion & Sediment Control (ESC) Training





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