[Amended 9-11-2012 by L.L. No. 4-2012]
No application for approval of a land development activity shall
be reviewed until the appropriate board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this chapter.
A.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project;
(2)
Site map/construction drawing(s) for the project, including a general
location map with a scale no smaller than one inch equals 100 feet;
contour intervals with a minimum of 10 feet. At a minimum, the site
map should show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s); locations
or known presence of agricultural tile drains or other existing features
that cause artificial drainage of the site and their impact on the
hydrology;
(3)
Description of the soil(s) present at the site;
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(6)
Description and volume of construction and waste materials expected
to be stored on site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project close-out;
(8)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control measures;
(11)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each part
of the site;
(15)
Description of structural practices designed to divert flows from
exposed soils, store flows, or otherwise limit runoff and the discharge
of pollutants from exposed areas of the site to the degree attainable;
(16)
Any existing data that describes the stormwater runoff at the site;
(17)
A description and location of any stormwater discharges associated
with industrial activity other than construction at the site, including,
but not limited to, stormwater discharges from asphalt plants and
concrete plants located on the construction site;
(18)
Identification of any elements of the design that are not in
conformance with the requirements in the most current version of the
technical standard, New York State Standards and Specifications for
Erosion and Sediment Control. 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;
(19)
Identification of any elements of the design that are not in
conformance with The New York State Stormwater Management Design Manual
(hereinafter 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;
(20)
A detailed summary (including calculations) of the sizing criteria
that was used to design all post-construction stormwater management
practices. At a minimum the summary shall address the required design
criteria from the applicable chapter of 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.
B.
Land development activities as defined in § 183-4 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection C below as applicable:
(1)
Condition A: Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department's most recent 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)
Condition B: Stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C: Stormwater runoff from single-family residential subdivisions
with twenty-five-percent or greater impervious cover at total site
build-out and not located in one of the total maximum daily load (TMDL)
designated watersheds and not directly discharged to one of the Department's
most recent 303(d) list of impaired waters.
C.
SWPPP Requirements for Conditions A, B and C:
(2)
Description of each post-construction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(4)
Map showing watershed area used for hydrological and hydraulic analyses;
(5)
All references for data;
(6)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(7)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions;
(8)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(9)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(10)
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;
(11)
Inspection and maintenance plan binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article II, § 183-12 of this chapter. Said plan shall include inspection and maintenance schedules and actions to ensure continuous and effective operation of each post-construction stormwater management practice, and said plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice; and
(12)
The SWPPP shall be prepared by a qualified professional and must
be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meet the requirements
in this chapter.
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.
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking 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 owner or operator 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 construction 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."
(1)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(2)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
(3)
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
most current version or its successor, hereafter referred to as the
"Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A above, and the SWPPP shall be prepared by a qualified professional that is knowledgeable in the principles and practices of stormwater management and treatment.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York or cause a violation of New York State water quality standards.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
Prior to the commencement of construction activity, the owner or
operator 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. The owner or operator
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 must be a trained contractor. The owner
or operator shall ensure that at least one trained contractor is on
site on a daily basis when soil disturbance activities are being performed.
(3)
For construction sites where soil disturbance activities are ongoing,
the qualified inspector shall conduct a site inspection at least once
every seven calendar days.
(4)
For construction sites where soil disturbance activities are ongoing
and the owner or operator has received authorization to disturb greater
than five acres of soil at any one time, the qualified inspector shall
conduct at least two site inspections every seven calendar days. The
two inspections shall be separated by a minimum of two full calendar
days
(5)
For construction sites where soil disturbance activities have been
temporarily suspended (e.g., winter shutdown) and temporary stabilization
measures have been applied to all disturbed areas, the qualified inspector
shall conduct a site inspection at least once every 30 calendar days.
The owner or operator shall notify the Stormwater Management Officer
in writing prior to reducing the frequency of inspections.
(6)
For construction sites where soil disturbance activities have been
shut down with partial project completion, the qualified inspector
can stop conducting inspections if all areas disturbed as of the project
shutdown date have achieved final stabilization and all post-construction
stormwater management practices required for the completed portion
of the project have been constructed in conformance with the SWPPP
and are operational. The owner or operator shall notify the Stormwater
Management Officer in writing prior to the shutdown. If soil disturbance
activities are not resumed within two years from the date of shutdown,
the owner or operator shall have the qualified inspector perform a
final inspection and certify that all disturbed areas have achieved
final stabilization, and all temporary, structural erosion and sediment
control measures have been removed, and that all post- construction
stormwater management practices have been constructed in conformance
with the SWPPP by signing the final stabilization and post-construction
stormwater management practice certification statements on the notice
of termination.
(7)
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Geddes to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Town of Geddes.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
law shall ensure they are operated and maintained to achieve the goals
of this law. Proper operation and maintenance also includes, as a
minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this law.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Maintenance agreements.
(1)
The Town of Geddes shall approve a formal maintenance agreement for
stormwater management facilities binding on all subsequent landowners
and recorded in the office of the County Clerk as a deed restriction
on the property prior to final plan approval. The maintenance agreement
shall be in a form acceptable to the Town.
(2)
The Town of Geddes, in lieu of a maintenance agreement, at its sole
discretion may accept dedication of any existing or future stormwater
management facility and creation of a drainage district, provided
such facility meets all the requirements of this chapter and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
A.
The owner or operator must keep the SWPPP current so that it at all
times accurately documents the erosion and sediment control practices
that are being used or will be used during construction and all post-construction
stormwater management practices that will be constructed on the site.
At a minimum, the owner or operator shall amend the SWPPP:
(1)
Whenever the current provisions prove to be ineffective in minimizing
pollutants in stormwater discharges from the site;
(2)
Whenever there is a change in design, construction or operation
at the construction site that has or could have an effect on the discharge
of pollutants; and
(3)
To address issues or deficiencies identified during an inspection
by the qualified inspector, the Department or other regulatory authority.
B.
The owner or operator shall notify the Stormwater Management Officer
in writing of any planned amendment or modifications to the post-construction
stormwater management practice component of the SWPPP. Unless otherwise
notified by the Stormwater Management Officer, the owner or operator
shall have the SWPPP amendments or modifications reviewed and accepted
by the Stormwater Management Officer prior to commencement of construction
of the post-construction stormwater management practice.
C.
When property ownership changes or when there is a change in operational
control over the construction plans and specifications, the original
owner or operator must notify the new owner or operator, in writing,
of the requirement to obtain permit coverage by submitting a notice
of termination (NOT) to the Department. Once the new owner or operator
obtains permit coverage, the original owner or operator shall then
submit a completed notice of termination (NOT) with the name and permit
identification number of the new owner or operator to the Department.
If the original owner or operator maintains ownership of a portion
of the construction activity and will disturb soil, they must maintain
their coverage under the permit.
D.
Prior to termination of any SPDES permit obtained in accordance with
this chapter, the owner or operator shall have the Stormwater Management
Officer sign the MS4 acceptance statement on the NOT. Prior to signing
this statement, the Stormwater Management Officer shall determine
that it is acceptable for the owner or operator to submit the NOT
in accordance with the requirements of the applicable SPDES permit.
The Stormwater Management Officer can make this determination by performing
a final site inspection himself or by accepting the qualified inspector's
final site inspection certificate(s).
