A.
Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or via an MS4, and that fall within any one of the below categories will require the submission of an SWPPP as set forth in § 236-20C(1) of this chapter which includes only erosion and sediment controls.
(1)
Construction activities that involve soil disturbance of one or more
acres of land but less than five acres:
(2)
The following construction activities that involve soil disturbances
of one or more acres of land:
(a)
Installation of underground, linear utilities, such as gas lines,
fiber optic cable, cable TV, electric, telephone, sewer mains, and
water mains;
(b)
Environmental enhancement projects, such as wetland mitigation
projects, stormwater retrofits and stream restoration projects;
(c)
Bike paths and trails;
(d)
Sidewalk construction projects that are not part of a road/highway
construction or reconstruction project;
(e)
Slope stabilization projects;
(f)
Slope flattening that changes the grade of the site, but does
not significantly change the runoff characteristics;
(g)
Spoil areas that will be covered with vegetation;
(h)
Land clearing and grading for the purposes of creating vegetated
open space (i.e., recreational parks, lawns, meadows, fields), excluding
projects that alter hydrology from pre- to post-development conditions;
(i)
Athletic fields (natural grass) that do not include the construction
or reconstruction of impervious area and do not alter hydrology from
pre- to post-development conditions;
(j)
Demolition project where vegetation will be established and
no redevelopment is planned;
(k)
Overhead electric transmission line project that does not include
the construction of permanent access roads or parking areas surfaced
with impervious cover; and
(l)
Structural practices as identified in Table II in the "Agricultural
Management Practices Catalog for Nonpoint Source Pollution in New
York State," excluding projects that involve soil disturbances of
less than five acres and construction activities that include the
construction or reconstruction of impervious area.
B.
Construction activities that discharge or potentially discharge stormwater to surface waters, whether directly or indirectly via an MS4, and that meet any one of the below thresholds, shall also include water quantity and quality controls (postconstruction stormwater runoff controls) as set forth in § 236-20C(2) as applicable:
[Amended 8-26-2014 by L.L. No. 9-2014]
(1)
Stormwater
runoff from land development activities discharging a pollutant of
concern to either an impaired water identified on the New York State
Department of Environmental Conservation’s Section 303(d) list
of impaired waters or a total maximum daily load (TMDL) designated
watershed for which pollutants in stormwater have been identified
as a source of the impairment.
(2)
Stormwater
runoff from land development activities disturbing five or more acres.
(3)
Stormwater
runoff from land development activity disturbing between one acre
and five acres of land during the course of the project, exclusive
of the construction of single-family residences, construction of single-family
residential subdivisions with less than 25% impervious cover at total
site build-out and construction activities at agricultural properties.
A.
Any applicant for an activity that requires approval of the SMO for land development activities within the Town of Southold that meets any of the thresholds set forth in § 236-19 shall comply with the New York State Department of Environmental Conservation SPDES general permit for construction activities (GP-0-10-001), as amended, and complete a stormwater assessment form to assist in determining compliance with this chapter. The application shall include a stormwater pollution prevention plan (SWPPP), which should be submitted to the Building Department.
B.
Upon receipt by the SMO of any application for an approval, the SMO
may refer the proposed SWPPP to the Town Engineering Department for
comment and recommendations. No municipal permit that shall be issued
for activities requiring an approval of the SMO nor shall any application
therefor be deemed complete until the SMO has issued an approval of
the SWPPP and has issued a formal SWPPP acceptance form.
C.
SWPPP requirements.
(1)
The SWPPP shall include, at a minimum, the following:
(b)
Identification of potential sources of pollution which may reasonably
be expected to affect the quality of stormwater discharges;
(c)
Documentation supporting the determination of approval with
regard to historic places or archaeological resources. At a minimum,
the supporting documentation shall include:
[1]
Information on whether the stormwater discharge or land development
activities would have an effect on a property (historic or archaeological
resource) that is listed or eligible for listing on the State or National
Register of Historic Places;
[2]
Results of historic resources screening determinations conducted.
Information regarding the location of historic places listed, or eligible
for listing, on the State or National Register of Historic Places
and areas of archaeological sensitivity that may indicate the need
for a survey can be obtained online by viewing the New York State
Office of Parks, Recreation and Historic Places (OPRHP) online resources
located on its website;
[3]
A description of measures necessary to avoid or minimize adverse
impacts on places listed, or eligible for listing, on the State or
National Register of Historic Places. If the applicant fails to describe
and implement such measures, the stormwater discharge is ineligible
for coverage under this permit; and
[4]
Where adverse effects may occur, any written agreements in place
with OPRHP or other governmental agency to mitigate those effects,
or local land use approvals evidencing the same.
(d)
A description of the soil(s) present at the site, including
an identification of the hydrolic soil group (HSG);
(e)
Identification of any elements of the design that are not in
conformance with the Design Manual. Include the reason for the deviation
or alternative design, and provide information which demonstrates
that the deviation or alternative design is equivalent to the technical
standards;
(f)
A hydrologic and hydraulic analysis for all structural components
of the stormwater management control system;
(g)
A detailed summary (including calculations) of the sizing criteria
that were used to design all post-construction stormwater management
practices. At a minimum, the summary shall address the required design
criteria from the Design Manual, including the identification of and
justification for any deviations from the Design Manual, and identification
of any design criteria that are not required based on the design criteria
or waiver criteria included in the Design Manual;
(h)
An operations and maintenance plan that includes inspection
and maintenance schedules and actions to ensure continuous and effective
operation of each post-construction stormwater management practice.
The plan shall identify the entity that will be responsible for the
long-term operation and maintenance of each practice.
(2)
For construction activities that meet any of the thresholds in § 236-19B, these additional post-construction stormwater runoff controls shall be included in the SWPPP:
(a)
Description of each post-construction stormwater management
practice to be constructed as part of the project.
(b)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(c)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(d)
Comparison of post-development stormwater runoff conditions
with pre-development conditions.
(e)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
(f)
Maintenance schedule provided by the contractor(s) to ensure
continuous and effective operation of each post-construction stormwater
management practice.
(g)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(i)
For those activities that meet the threshold set forth in § 236-19B(1), the SWPPP shall be prepared by a qualified professional who is knowledgeable in the principles and practices of stormwater management and treatment and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements of this chapter.
D.
Any applicant for an activity shall not disturb greater than five
acres of soil at any one time without prior written authorization
from the Department or the SMO. At a minimum, the applicant must comply
with the following requirements in order to be authorized to disturb
greater than five acres of soil at any one time:
(1)
The applicant shall have a qualified inspector conduct at least two
site inspections in accordance with the general permit (GP-0-10-001),
every seven calendar days, for as long as greater than five acres
of soil remain disturbed. The two inspections shall be separated by
a minimum of two full calendar days.
(2)
In areas where soil disturbance activity has been temporarily or
permanently ceased, temporary and/or permanent soil stabilization
measures shall be installed and/or implemented within seven days from
the date the soil disturbance activity ceased. The soil stabilization
measures selected shall be in conformance with the most current version
of the technical standard, New York State Standards and Specifications
for Erosion and Sediment Control.
(3)
The applicant shall prepare a phasing plan that defines maximum disturbed
area per phase and shows required cuts and fills.
(4)
The applicant shall install any additional site-specific practices
needed to protect water quality.
(5)
The applicant shall include the above requirements in its SWPPP.
E.
The SMO may suspend or revoke an applicant's approval at any
time if the SMO determines that the SWPPP does not meet the requirements
of this chapter.
F.
The applicant shall notify the Town in writing of any planned amendments
or modifications to the post-construction stormwater management component
of the SWPPP that may be required. Unless otherwise notified by the
Town, the applicant shall have the SWPPP amendments or modifications
reviewed and accepted by the SMO prior to commencing construction
of the post-construction stormwater management practice.
G.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town in its approval
of the stormwater pollution prevention plan, the Town may require
the applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Town as the beneficiary. The security
shall be in an amount to be determined by the Town based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Town. Per annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released
from liability.
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town with an irrevocable letter of credit
from an approved financial institution or surety to ensure proper
operation and maintenance of all stormwater management and erosion
control facilities both during and after construction and until the
facilities are removed from operation. If the developer or landowner
fails to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Town may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
(3)
Recordkeeping. The Town may require entities subject to this chapter
to maintain records demonstrating compliance with this chapter.
H.
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter.
I.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 236-34A.
J.
Stormwater management practice inspections. The Town's SMO is
responsible for conducting inspections of stormwater management practices
(SMPs). All applicants are required to submit as-built plans for any
stormwater management practices located on site after final construction
is completed. The plan must show the final design specifications for
all stormwater management facilities and must be certified by a professional
engineer.
The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the land development activity
prior to approval of the final stormwater design plan.
A.
Prior to the commencement of land development activity, the applicant
must identify the contractor(s) and subcontractor(s) that will be
responsible for installing, constructing, repairing, replacing, inspecting
and maintaining the erosion and sediment control practices included
in the SWPPP and the contractor(s) and subcontractor(s) that will
be responsible for constructing the post-construction stormwater management
practices included in the SWPPP.
B.
The applicant shall have each of the contractors and subcontractors
identify at least one person from their company that will be responsible
for implementation of the SWPPP. This person shall be known as the
"trained contractor." The applicant shall ensure that at least one
trained contractor is on site on a daily basis when soil disturbance
activities are being performed.
C.
The applicant shall have each of the contractors and subcontractors
identified above sign a copy of the following certification statement
below before they commence any land development activity:
|
"I hereby certify that I understand and agree to comply with
the terms and conditions of the SWPPP and agree to implement any corrective
actions identified by the Qualified Inspector during a site inspection.
I also understand that the applicant must comply with the terms and
conditions of the most current version of the New York State Pollutant
Discharge Elimination System (SPDES) general permit for stormwater
discharges from land development activities and that it is unlawful
for any person to cause or contribute to a violation of water quality
standards. Furthermore, I understand that certifying false, incorrect
or inaccurate information is a violation of the referenced permit
and the laws of the State of New York and could subject me to criminal,
civil and/or administrative proceedings."
|
D.
In addition to providing the certification statement above, the certification
page must also identify the specific elements of the SWPPP that each
contractor and subcontractor will be responsible for and include the
name and title of the person providing the signature; the name and
title of the trained contractor responsible for SWPPP implementation;
the name, address and telephone number of the contracting firm; the
address (or other identifying description) of the site; and the date
the certification statement is signed. The applicant shall attach
the certification statement(s) to the copy of the SWPPP that is maintained
at the construction site. If new or additional contractors are hired
to implement measures identified in the SWPPP after construction has
commenced, they must also sign the certification statement and provide
the information listed above.
A copy of the SWPPP, the general permit (GP-0-10-001), notice
of intent, notice of intent acknowledgment letter, Town SWPPP acceptance
form and inspection reports shall be retained in a secure location
at the site of the land development activity during construction from
date of initiation of construction activities to the final date of
stabilization.
Inspection programs shall be established on any reasonable basis,
including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to, reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
