The Federal Clean Water Act establishes standards for surface water and makes it unlawful to discharge pollutants into the Waters of the United States, unless permitted. Embedded within this Act and administered by the United States Environmental Protection Agency (EPA) is the National Poll
The Federal Clean Water Act establishes standards for surface water and makes it unlawful to discharge pollutants into the Waters of the United States, unless permitted. Embedded within this Act and administered by the United States Environmental Protection Agency (EPA) is the National Pollutant Discharge and Elimination (NPDES) permit program which establishes rules and procedures related to the permitting process.
In New York State, the NPDES program is administered by the New York State Department of Conservation (NYSDEC). Called the State Pollutant Discharge and Elimination System (SPDES) permit program, it is known conversationally as the “Speedies program”. Failure to apply for permit coverage or failure to implement permit requirements can result in fines of $37,500 per violation, per day, along with criminal, civil and administrative penalties. Penalties are embedded in Federal law and both EPA and NYSDEC can take action against a polluter. Triggers for enforcement action vary, with observed pollution often the starting point for legal action.
While the content of all SPDES permits includes standard language as required by the Clean Water Act, depending on the type of regulated facility and pollutants to be addressed, permits vary one to another.
The stormwater permits focus on stormwater runoff, which is water from rain or melting snow that doesn’t soak into the ground, but runs off int