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Stormwater Management Federal & State Regulations

MS4 Stormwater Management Program Requirements
MS4s must develop, implement, and enforce a stormwater management program (SWMP) designed to reduce the discharge of pollutants from small MS4s to the maximum extent practicable (MEP). "Maximum Extent Practicable" (MEP) is a technology-based standard established by Congress in the Clean Water Act. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop their programs.
40CFR 122.2; See also Stormwater Phase II Compliance Assistance Guide EPA 833-R-00-002, March 2000

Six Minimum Control Measures (MCMs)
SWMPs must include six minimum control measures. For each of these six minimum measures, MS4s must identify measurable goals and implement management practices to achieve those measurable goals. The six minimum measures include:

Disclaimer: The following sections summarize the requirements of each minimum control measure and outline some activities and/or practices that can be used to fulfill these requirements. This is not a complete synopsis; regulated MS4s should check the final permit for full program responsibilities and requirements.

  1. Public Education and Outreach
  2. Public Involvement and Participation
  3. Illicit Discharge Detection and Elimination
  4. Construction Site Runoff Control
  5. Post-Construction Runoff Control
  6. Pollution Prevention and Good Housekeeping
The SWMP must be fully developed and implemented within five years of the issuance date of the permit. Download the permits:
Adobe PDF document logo (Adobe PDF files)
NYS Municipalities Automatically Subject to Phase II Regulations
Only those municipalities in New York State that operate a Municipal Separate Storm Sewer System (MS4) and that have been automatically designated by NYS DEC are currently subject to Phase II Regulations. These municipal MS4s are located at least partially within one of New York's 16 "urbanized areas". Urbanized areas are generally contiguous census blocks with population densities of greater than 1000 persons per square mile. As of March 10, 2003, the automatically designated MS4s were required to begin developing and implementing Phase II stormwater programs in the urban portion of their community. (Rural areas are generally excluded from the Phase II municipal stormwater program.)

View the complete list of MS4 communities that are located at least partially within one of New York's 16 "urbanized areas" as well as the designation criteria used for identifying regulated MS4s.

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