New York City Adopts Unified Stormwater Rule

April 11, 2022

DEP also released the New York City Stormwater Manual.

New York City Department of Environmental Protection (DEP) adopted the Unified Stormwater Rule (USWR).

This rule will update the storm water management requirements for all new development and redevelopment sites that discharge to New York city's sewers. 

According to Lexology, the USWR amends rules related to storm water construction permitting and site/house connection proposals (Title 15, Chapter 19.1 and Chapter 31 of the Rules of the City of New York).

DEP also released the New York City Stormwater Manual.

Chapter 19.1 amendments include: 

  • The construction permit requirements that previously only applied to Municipal Separate Storm Sewer System (MS4) areas now apply to Combined Storm Sewer (CSS) areas as well. 
  • In MS4 and CSS areas, developers must obtain a storm water construction permit before they begin development activity.
  • Storm Water Pollution Prevention Plans (SWPPPs) must be submitted with storm water construction permit applications and include post-construction storm water management practices for the applicable activities.
  • Exempting various development activities from storm water construction permitting requirements.

Chapter 31 amendments include:

  • Revising the definition of “house connection proposal” to include “Fee Simple One (1), Two (2) or Three (3) Family Dwelling Units less than 20,000 square feet in total site area, connecting to a sewer that fronts the site.” 
  • Owners proposing to connect to a city sewer, a private sewer, a private drain, or an approved outlet to serve an existing or a proposed development still must file a sewer certification application. 
  • Sewer availability certification applications must now include: a site plan depicting the proposed sanitary discharge; storm water volume requirement; the actual storm water release rate from the site; and the maximum storm water release rate.

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