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PREFACE Pursuant to Section 402 of the Clean Water Act (CWA), and 40 CFR 122.26(b)(14)(x), (15)(i), and (15)(ii), stormwater discharges from certain construction activities are unlawful unless they are authorized by a National Pollutant Discharge Elimination System (NPDES) permit or by a state permit program. New York State administers the approved State Pollutant Discharge Elimination System (SPDES) program with permits issued in accordance with the New York State Environmental Conservation Law (ECL) Article 17, Titles 7 and 8, and Article 70, as well as 6 NYCRR Parts 621 and 750. Construction activities constitute construction of a point source and, therefore, pursuant to ECL sections 17-0505, 17-0701, and 17-0803, the owner or operator must have coverage under a SPDES permit prior to commencement of construction activities. The owner or operator cannot wait until there is an actual discharge from the construction site to obtain permit coverage. *Note: The italicized words/phrases within this permit are defined in Appendix A. Page 708 of 849