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101 SCOPE A. PURPOSE: Benchmark Streamline, LLC (BS) has placed an emphasis on following the New York State Department of Environmental Conservation (NYSDEC) SPDES General Permit for Stormwater Discharges from Construction Activity governing storm water discharges during construction, and in accordance with erosion control practices. The Contractor’s participation in this program is mandatory and its non- compliance is subject to various remedies, including without limitation, monetary set-offs, withholding payments; reimbursement for costs, expenses (including reasonable attorney’s fees), fines and civil penalties incurred by BS; and/or liquidated damages. This section provides a descriptive explanation of BS’s Storm Water Pollution Prevention Program and required Contractor participation. The Engineer of record for this project certifies that this SWPPP meets the requirements and is in compliance with the New York State Stormwater Management Design Manual and latest NYSDEC Phase II stormwater regulation requirements. B. SPDES General Permit for Stormwater Discharges from Construction Activity: Regulations promulgated by the NYSDEC to regulate the discharge of storm water from construction activities on sites where more than one (1) acre of soil is disturbed. One of the ways to comply with these regulations for affected sites is to request coverage under the General Permit for Construction Activities for New York State. In order to use the General Permit, a Notice of Intent (NOI) form must be completed and electronically submitted to the NYSDEC at least 5 business days prior to any earth-disturbing activities (this time frame may increase to 60 business days if a full review of the SWPPP is determined necessary by the NYSDEC) and a Storm Water Pollution Prevention Plan (SWPPP) for the site must be prepared and followed during the construction activities. Once a copy of the SPDES permit is received from NYSDEC, a copy will be included in Appendix E of this report. Approval from a regulated, traditional land use control MS4: 1. An owner or operator of a construction activity that is not subject to the requirements of a regulated, traditional land use control MS4 must first develop a SWPPP in accordance with all applicable requirements of this permit and then submit a completed NOI form to the NYSDEC. 2. An owner or operator of a construction activity that is subject to the requirements of a regulated, traditional land use control MS4 must first develop a SWPPP in accordance with all applicable requirements of this permit and then have its SWPPP reviewed and accepted by the MS4 prior to submitting the NOI to the NYSDEC. The owner or operator shall have the “MS4 SWPPP Acceptance” form signed by the principal executive officer or ranking elected official from the regulated, traditional land use control MS4, or by a duly authorized representative of that person, and then submit that form along with the NOI to the address referenced under “Notice of Intent (NOI) Submittal”. C. RESPONSIBILITIES OF THE CONTRACTOR: The Contractor shall manage the discharge of storm water from the site in accordance with the NYSDEC General Permit for Construction Activities conditions and the following provisions of this section. The Operator shall be responsible for conducting the storm water management practices in accordance with the permit. The Contractor shall be responsible for providing qualified inspectors to conduct the inspections required by the SWPPP. The Contractor shall be responsible for any enforcement action taken or imposed by federal, state, or local agencies, including the cost of fines, construction delays, and remedial actions resulting from the Contractor’s failure to comply with the permit provisions. It shall be the responsibility of the Contractor to make any changes to the SWPPP necessary when the Contractor or any of his subcontractors elects to use borrow or fill or material storage sites, either contiguous to or remote from the construction site, when such sites are used solely for this construction site. Such sites are considered to be part of the construction site covered by the permit and this SWPPP. Off-site borrow, fill, or material storage sites which are used for West Seneca Exchange 07/20/2026 Page 3 of 24 Page 824 of 1174