Proposed Res. No. 652-A
Title
Resolution calling upon the New York State Department of Environmental Conservation to issue a heightened stormwater permit program for the East-of-Hudson area of the New York City Watershed.
BODY
By Council Members Gennaro, Baez, Brewer, Davis, Felder, Gerson, Jackson, Liu, Lopez, Nelson, Sanders, Serrano, Weprin and Moskowitz
Whereas, New York City's drinking water supply is a critical resource for eight million New York City residents, approximately one million residents of Westchester County, and a multitude of others who work in and visit the City; and
Whereas, The East-of-Hudson area of the New York City Watershed ("EOH Watershed"), primarily comprised of Westchester and Putnam Counties, is either heavily developed or is developing rapidly, resulting in increased pressures upon, and threats to, our drinking water supply; and
Whereas, These development pressures have resulted in an increase in polluted stormwater runoff, which is the largest source of pollutants that enter the City's water supply; and
Whereas, Polluted stormwater runoff includes sediment and other pollutants, such as road salt, heavy metals, gasoline, motor oil, nutrients, pesticides, fertilizers and antifreeze that are transported to and ultimately discharged into local rivers, streams and reservoirs without treatment; and
Whereas, Pursuant to Section 402 of the federal Clean Water Act and Parts 122 and 123 of Title 40 of the Code of Federal Regulations (CFR), individual states may establish their own stormwater permit program, so long as the program meets the established requirements of the EPA; and
Whereas, The EPA has authorized the New York State Department of Environmental Conservation (DEC) to establish its own stormwater permit program; and
Whereas, The DEC implements New York State's program to control polluted stormwater runoff pursuant to Article 70 and Titles 7 and 8 of Article 17 of the Environmental Conservation Law; and
Whereas, Municipal separate storm sewer systems (MS4s) are publicly owned conveyances, or systems of conveyances, that are designed for the discharge of stormwater to surface waters such as lakes, streams and reservoirs; and
Whereas, Phase II of the National Pollutant Discharge Elimination System Stormwater Program covers small construction activities disturbing between one and five acres of land, with consideration for smaller sites under certain conditions, and certain small MS4s; and
Whereas, The DEC issued its Phase II State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity, Permit No. GP-02-01 ("Construction Permit"), and its Phase II SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 ("MS4 Permit"), on January 8, 2003; and
Whereas, A general permit issued pursuant to Parts 122 and 123 of Title 40 of the CFR is not specifically tailored to an individual discharger, but authorizes a category of discharges within a geographic area; and
Whereas, The Construction Permit and MS4 Permit would apply throughout New York State, including the watersheds of New York City's reservoirs; and
Whereas, Stormwater permits for the highly sensitive EOH Watershed should contain more stringent and protective provisions than what is applicable statewide; and
Whereas, In light of the stormwater pollution threats to the sensitive EOH Watershed and the potential impact on water quality for the entire New York City water supply; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Department of Environmental Conservation to issue a heightened stormwater permit program for the East-of-Hudson area of the New York City Watershed.
LS#1660
DD
2/26/03 6:08 P.M.
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