[HISTORY: Adopted by the Board of Trustees of the Village of West
Haverstraw as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-2006 by L.L. No. 5-2006]
The purpose of this article is to provide for the health, safety, and
general welfare of the citizens of the Village of West Haverstraw through
the regulation of non-stormwater discharges into the municipal separate storm
sewer system (MS4) to the maximum extent practicable as required by federal
and New York State law. This article establishes methods for controlling the
introduction of pollutants into the MS4 in order to comply with requirements
of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The
objectives of this article are:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges for MS4s, Permit No. GP-02-02, as amended or revised;
B.
To regulate the contribution of pollutants to the MS4,
which systems are not designed to accept, process or discharge non-stormwater
wastes;
C.
To prohibit illicit connections, activities and discharges
to the MS4;
D.
To establish the legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this article; and
E.
To promote public awareness of the hazards involved in
the improper storage and/or discharge of trash, yard waste, lawn chemicals,
pet waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control materials,
and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is stated
in a definition applicable to only a portion of this article, the following
terms will have the meanings set forth below:
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly into stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity, GP-02-01, as amended or revised, and
any land disturbance requiring a municipal, New York State, or federal permit.
These activities include construction projects resulting in land disturbance.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
Any person who owns or is in control of real or personal property
that discharges, directly or indirectly, any material into the MS4.
Any material, including any substance, waste, or combination thereof,
which, because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
Any conveyances which allow any non-stormwater discharge including treated
or untreated sewage, process wastewater, and wash water to enter the MS4 and
any connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land
use to the MS4, which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Any direct or indirect non-stormwater discharge to the MS4, except as exempted in § 202-5 of this article.
A facility including septics, cesspools and similar facilities serving
one or more parcels of land or residential households, or a private, commercial
or institutional facility, that treats sewage or other liquid wastes for discharge
into the ground waters of New York State, except where a permit for such a
facility is required under the applicable provisions of Article 17 of the
Environmental Conservation Chapter.
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
Municipal separate stormwater sewer system.
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
The Village of West Haverstraw.
Any discharge to the MS4 that is not composed entirely of stormwater.
This includes any pollutants, as well as but not limited to trash, yard waste,
or pet waste.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm, corporation
or other entity owning the property or having control of the property.
Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, soil and industrial, municipal, agricultural waste and ballast
discharged into water or any substance which may cause or might reasonably
be expected to cause pollution of the waters of the state in contravention
of the standards.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips and all chattels
thereon.
A permit issued by the NYS DEC that authorizes the discharge of pollutants
to waters of the state.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to regulate
disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the United
States in accordance with the conditions and requirements set forth within
the Permit GP-02-02.
Discharge Compliance with Water Quality Standards. The condition that
applies where a municipality has been notified by NYS DEC that the discharge
of stormwater authorized under their MS4 permit may have caused or has the
reasonable potential to cause or contribute to the violation of an applicable
water quality standard. Under this condition the municipality must take all
necessary actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
303(d) Listed Waters. The condition in the municipality's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under this
condition the stormwater management program must ensure no increase of the
listed pollutant of concern to the 303(d) listed water.
TMDL (Total Maximum Daily Load) Strategy. The condition in the municipality's
MS4 permit where a TMDL including requirements for control of stormwater discharges
has been approved by EPA for a water body or watershed into which the MS4
discharges. If the discharge from the MS4 did not meet the TMDL stormwater
allocations prior to September 10, 2003, the municipality was required to
modify its stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies if
a TMDL is approved in the future by EPA for any water body or watershed into
which an MS4 discharges. Under this condition the municipality must review
the applicable TMDL to see if it includes requirements for control of stormwater
discharges. If an MS4 is not meeting the TMDL stormwater allocations, the
municipality must, within six months of the TMDL's approval, modify its
stormwater management program to ensure that reduction of the pollutant of
concern specified in the TMDL is achieved.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
An employee, the municipal engineer or other public official(s) designated
by the Village of West Haverstraw to enforce this local chapter. The SMO may
also be designated by the municipality to accept and review stormwater pollution
prevention plans, forward the plans to the applicable municipal board and
inspect stormwater management practices and designate certain responsibilities
pursuant to this local chapter to other employees or agents of the municipality.
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by NYS DEC as required by Section
303(d) of the Clean Water Act. Section 303(d) listed waters are estuaries,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released into
a water body so as not to impair uses of the water, allocated among the sources
of that pollutant.
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)] shall administer, implement,
and enforce the provisions of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 202-4A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this article, unless the NYS DEC or the municipality has determined
them to be contributors of pollutants, which could negatively impact water
quality:
(a)
Water line flushing or other potable water sources;
(b)
Landscape irrigation or lawn watering;
(c)
Existing diverted stream flows;
(d)
Rising groundwater;
(e)
Groundwater infiltration to storm drains;
(f)
Pumped groundwater, foundation or footing drains;
(g)
Crawl space or basement sump pumps;
(h)
Air conditioning condensate; irrigation water;
(i)
Springs; water from individual residential car washing;
(j)
Natural riparian habitat or wetland flows;
(k)
Dechlorinated/debrominated swimming pool, spa and pond
discharges;
(l)
Residential street, driveway, home or deck wash water;
(m)
Water from fire fighting activities; and
(n)
Any other water source not containing pollutants.
Such exempt discharges shall be allowed only if uncontaminated.
|
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that, such approval
shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this local chapter.
(3)
Dye testing in compliance with applicable state and local
laws is an allowable discharge, but requires a written notification to the
SMO prior to the time of the test.
(4)
Any discharge permitted under a SPDES permit, waiver,
or waste discharge order issued to the discharger and administered under the
authority of the NYS DEC, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted
for any discharge to the MS4. The discharger shall be required to file a copy
of said written approval with the MS4 prior to the discharge.
B.
Prohibition of illicit connections. The construction,
use, maintenance or continued existence of any illicit connections to the
MS4 is prohibited. This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time
of connection.
No person shall operate a failing individual sewage treatment system
in areas tributary to the municipality's MS4. A failing individual sewage
treatment system is a system which has one or more of the following conditions:
A.
The backup of sewage into a structure;
B.
Discharges of treated or untreated sewage onto the ground
surface;
C.
A connection or connections to a separate stormwater
sewer system;
D.
Liquid level in the septic tank above the outlet invert;
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure conditions
as noted in this section;
F.
Contamination of off-site groundwater that can reasonably
be attributed to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 202-5, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or contributes
to violations of the municipality's MS4 SPDES permit authorization.
A.
Best management practices:
(2)
The owner or operator of a commercial or industrial establishment
shall provide, at his own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the MS4 through the use of structural
and nonstructural BMPs, and shall keep and maintain records and logs of inspection
and maintenance of the BMPs, and shall make such records and logs available
for inspection by the MS4 for a minimum period of three years, unless otherwise
required to maintain same for a longer period in accordance with an applicable
record retention policy.
(3)
Any person responsible for a property, which is, or may be, the source of an illicit discharge or an activity contaminating stormwater as defined in § 202-6, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4, including the record-keeping requirements described in § 202-7A(2).
(4)
Compliance with all terms and conditions of a valid SPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions
of this section.
B.
Individual sewage treatment systems - response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 202-2 of this local chapter, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents,
kitchen wastes (including oil and grease), laundry wastes, and household chemicals;
and
(d)
Prohibit the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
Most tanks should be pumped out every two to three years. However, pumping
may be more or less frequent depending on use. Inspection of the tank for
cracks, leaks and blockages should be done by the septage hauler at the time
of pumping of the tank contents.
|
(2)
Repair or replace individual sewage treatment systems
as follows: In accordance with 10 N.Y.C.R.R. Appendix 75A and Article IV of
the Rockland County Sanitary Code.
(a)
A professional engineer licensed to practice in New York
State shall prepare design plans for any type of absorption field that involves:
(b)
A written certificate of compliance shall be submitted
by the design professional to the municipality at the completion of construction
of the repair or replacement system. A written certificate of approval shall
be issued by the Rockland County Health Department after inspection of the
construction of the repair or replacement system.
A.
Illicit discharges in emergency situations.
(1)
If it is necessary for the SMO to take action, the SMO
may, without prior notice, suspend MS4 discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment, to the
health or welfare of persons, or to the MS4. The SMO shall notify the person
of such suspension within a reasonable time thereafter in writing of the reasons
for the suspension. If the person fails to comply with a suspension order
issued in an emergency, the SMO may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or to minimize danger to persons. All
costs and expenses incurred by the SMO to remedy the situation, including
proper disposal, shall be assessed to the owner of the property. If the property
owner fails to pay same, it may become a lien against the property, subject
to a hearing a minimum of 10 days prior to the imposition of the tax lien.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMO will notify such person in writing
of the proposed termination of its MS4 access and the reasons therefor. The
person may petition the SMO for a reconsideration and hearing. Access may
be granted by the SMO if he/she finds that the illicit discharge has ceased
and the person has taken steps to prevent its recurrence. Access may be denied
if the SMO determines in writing that the illicit discharge has not ceased
or is likely to recur. A person commits a violation if the person reinstates
MS4 access to property terminated pursuant to this section, without the prior
approval of the SMO.
Any person subject to an industrial or construction activity SPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit shall be required by the municipality in a form
acceptable to the NYS DEC prior to the allowing of discharges to the MS4.
A.
Access to properties.
(1)
The SMO or his/her designee shall be permitted to enter
and inspect all properties subject to regulation under this article as often
as may be necessary to determine compliance with this article. If a person
has security measures in force that require proper identification and clearance
before entry into its premises, the person shall make the necessary arrangements
to allow access to the SMO.
(2)
All persons shall allow the SMO ready access to all parts
of the property for the purposes of inspection, sampling, examination and
copying of records as may be required to implement this article.
(3)
The municipality shall have the right to set up on any
property subject to this article such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the property's stormwater
discharge.
(4)
The municipality has the right to require the properties
subject to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The property's sampling and
monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the person at his own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)
Unreasonable delay in allowing the municipality access
to a property subject to this article is a violation of this article. A person
who is the operator of a property subject to this article commits an offense
if the person denies the municipality reasonable access to the property for
the purpose of conducting any activity authorized or required by this article.
(6)
If the SMO has been refused access to any part of the
property from which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this article, or
that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this article or any
order issued hereunder, then the SMO may seek issuance of a search warrant
from any court of competent jurisdiction.
Notwithstanding other requirements of chapter, as soon as any person
responsible for a property or operation, or responsible for emergency response
for a property or operation has information of any known or suspected release
of materials which are resulting or may result in illicit discharges or pollutants
discharging into the MS4, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event of such
a release of hazardous materials said person shall immediately notify emergency
response agencies, the municipality, and the responsible MS4 of the occurrence
via emergency dispatch services. In the event of a release of non-hazardous
materials, said person shall notify the municipality and responsible MS4 in
person or by telephone or facsimile no later than the next business day. Notifications
in person or by telephone shall be confirmed by written notice addressed and
mailed to the municipality within three business days of the telephone notice.
If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain
an on-site written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three years, or
such greater period as may be required under an applicable records retention
policy.
A.
Notice of violation. When the municipality's SMO
finds that a person has violated a prohibition or has failed to meet a requirement
of this article, the SMO may order compliance by written notice of violation
by certified mail and/or posting of the property to the responsible person.
Such notice may require without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall
cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
The payment of a fine and reimbursement of any costs
and/or expenses incurred by the municipality relating to the violation; and
(6)
The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation or restoration
must be completed. Said notice shall further advise that, should the violator
fail to remediate or restore within the established deadline, the work may
be done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(7)
The municipality shall also have the right to issue an
appearance ticket for said violation.
B.
Penalties. In addition, or as an alternative, to any
penalty provided herein or by other law, any person who violates the provisions
of this local chapter shall be guilty of a violation punishable by a fine
not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or
both for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, by a fine not
less than $1,000 nor more than $2,500 or imprisonment for a period not to
exceed 30 days, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, by a fine not less
than $2,500 nor more than $5,000 or imprisonment for a period not to exceed
60 days, or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this local chapter shall
be deemed offenses. Each week's continued violation shall constitute
a separate additional offense.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village Board of Trustees within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the appeal.
The Village Board shall determine the appeal within 30 days, which decision
shall be filed within five days in the office of the Village Clerk and a copy
thereof mailed by certified mail to the person who filed the appeal.
A.
If the violation has not been corrected pursuant to the
requirements set forth in the notice of violation, or, in the event of an
appeal, within five business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO may request the person's
permission for access to the subject property to take any and all measures
reasonably necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures shall be the sole responsibility
of the person.
B.
If refused access to the subject property, the SMO may
seek a warrant in a court of competent jurisdiction, authorizing him/her to
enter upon the property to take any and all measures reasonably necessary
to abate the violation and/or to restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of the person.
It shall be unlawful for any person to violate any provision, or fail
to comply with any of the requirements, of this article. If a person has violated
or continues to violate the provisions of this article, the SMO may petition
for a preliminary or permanent injunction, restraining the person from activities
which would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.
Where a person has violated a provision of this article,
such person may be eligible for alternative remedies in lieu of a penalty,
upon recommendation of the Village Attorney and concurrence of the SMO, where:
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this article shall be deemed a threat to public health, safety, and welfare,
and is declared and deemed to be a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin,
or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies
available under any applicable federal, state or local law, and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or the application
thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this
article.
This article shall be effective upon filing with the Secretary of State.
All prior chapters and parts of other chapters in conflict with this article
are hereby repealed.
[Adopted 10-3-2007 by L.L. No. 7-2007]
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream channel
erosion or sediment transport and deposit;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
C.
Clearing and grading during construction tends to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream base flow;
F.
Substantial economic losses can result from the adverse
impacts on the waters of the municipality and adjoining municipalities;
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land
development activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint
source pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety;
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and to address the findings of fact set forth in § 202-21 above. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s);
B.
Require land development activities to conform to the
substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES) General
Permit for Construction Activities GP-02-01;
C.
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream temperature
and stream bank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade local
water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable;
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution wherever possible, through stormwater management
practices and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
This article shall apply to all land development activities as defined in § 202-25 herein.
The following activities are exempt from the requirements of this article:
B.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of the facility;
C.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer;
D.
Any part of a subdivision if a plat of the subdivision
has been approved by the Village of West Haverstraw on or before the effective
date of this article;
E.
Land development activities for which a building permit
has been approved on or before the effective date of this article;
F.
Cemetery graves;
G.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
H.
Emergency activity immediately necessary to protect life,
property or natural resources as determined by the Stormwater Management Officer;
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his/her family;
J.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents prepared or reviewed
pursuant to this article shall have the following meanings:
The activity of an active farm including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include the operation of a dude
ranch or similar operation or the construction of new structures associated
with agricultural activities.
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
The New York State Stormwater Management Design Manual, most recent
version, including applicable updates that serves as the official guide for
stormwater management principles, methods and practices.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
A State Pollutant Discharge Elimination System permit issued to a
commercial industry or group of industries, which regulates the pollutant
levels, associated with industrial stormwater discharges or specifies on-site
pollution control strategies.
The process of percolating stormwater into the subsoil.
Activity including clearing, grading, excavating, soil disturbance
or placement of fill that results in land disturbance of equal to or greater
than one acre (or activities disturbing less than one acre of total land area
that is part of a larger common plan of development or sale, even though multiple
separate and distinct land development activities may take place at different
times on different schedules).
The legal or beneficial owner of land, including those holding the
right to purchase or lease the land or any other person holding proprietary
rights in the land.
Legally recorded document that acts as a property deed restriction,
and which provides for long-term maintenance of stormwater management practices.
Pollution from any source other than from any discernible, confined,
and discrete conveyances, and shall include but not be limited to pollutants
from agricultural, silvicultural, mining, construction, subsurface disposal
and urban runoff sources.
The New York State Department of Environmental Conservation.
Sediment and any other pollutant that has been identified as a cause
of impairment of any water body that will receive a discharge from the land
development activity.
A Certified Professional in Erosion and Sediment Control (CPESC),
professional engineer (PE), registered landscape architect and/or soil scientist.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
A permit under the New York Pollutant Discharge Elimination System
(SPDES) issued to developers of construction activities to regulate disturbance
of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from municipal
separate storm sewers for compliance with EPA established water quality standards
and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
A land use activity that generates higher concentrations of hydrocarbons,
trace metals or toxicants than are found in typical stormwater runoff, based
on monitoring studies.
The use of structural or nonstructural practices that are designed
to reduce stormwater runoff and mitigate its adverse impacts on property,
natural resources and the environment.
An employee, officer or agent designated by the municipality to accept
and review stormwater pollution prevention plans, forward the plans to the
applicable municipal board and inspect stormwater management practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage and preventing
or reducing point source or nonpoint source pollution inputs to stormwater
runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site
during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic
Ocean within the territorial seas of the State of New York and all other bodies
of surface water, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters that do not combine or effect
a junction with natural surface or underground waters), which are wholly or
partially within or bordering the state or within its jurisdiction.
Any permanent or intermittent natural or artificial stream, river,
creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, or
ravine, in and including any area adjacent thereto, in which water normally
flows.
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
"hydrophytic vegetation."
No application for approval of a land development activity shall be
reviewed until the West Haverstraw Planning Board or the Building Inspector,
as the case may be, has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the requirements of this article. All SWPPPs shall
contain the following:
A.
Background information about the scope of the project,
including location, type and size of project;
B.
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site plan should show the total
site area; all improvements with dimensions; areas of proposed 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 or equipment storage areas; and locations of the stormwater
discharges. The site map shall be at a scale no smaller than one inch equals
100 feet;
C.
Description of the soils present at the site;
D.
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;
E.
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;
F.
Description of all 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;
G.
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
closeout;
H.
A site map/construction drawing(s) specifying the location,
size and length of each erosion and sediment control practice;
I.
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
J.
Temporary practices that will be converted to permanent
control measures;
K.
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;
L.
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
M.
Name(s) of the receiving water(s);
N.
Delineation of SWPPP implementation responsibilities
for each part of the site;
O.
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;
P.
Any existing data that describes the stormwater runoff
at the site;
Q.
A statement that all other applicable permits have been
or will be acquired for the land development activity prior to approval of
the final stormwater design plan.
A.
If a land development activity meets Conditions A, B or C as hereinafter set forth, the SWPPP shall also include water quality and water quantity controls (postconstruction stormwater runoff controls) in accordance with Subsection B below:
(1)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired water
identified on the NYSDEC 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 land development
activity disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences and
construction activities at agricultural properties.
B.
SWPPP requirements for Conditions A, B. or C:
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawings showing the specific location
and size of each postconstruction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(8)
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;
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 202-29D below;
(10)
For Condition A, the SWPPP shall be prepared by a landscape
architect, a Certified Professional in Erosion and Sediment Control (CPESC)
or professional engineer 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 article.
C.
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 certify under penalty
of law that I understand and agree to understand that it is unlawful for any
person to cause or contribute to a violation of water quality standards."
The certification shall 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. The certification statements shall become part of the SWPPP for the
land development activity.
All land development activities shall be subject to the following performance
and design criteria:
A.
Stormwater management practices that are designed and
constructed in accordance with the following technical documents shall be
presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Design Manual (New York
State Department of Environmental Conservation, most current version or its
successor, hereinafter 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, 2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Where stormwater managements are not in accordance with the above technical standards, the applicant or developer shall demonstrate equivalence to the technical standards set forth in Subsection A above, and the SWPPP shall be prepared by a licensed professional.
C.
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 (NYCRR Part 703.2).
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
or his or her 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 article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
50%.
(2)
For land development activities meeting Condition A, B or C as set forth in § 202-27A the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the Stormwater Management Officer and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
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 easements. 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 that shall be binding
on all subsequent landowners served by the stormwater management facility.
The easement shall provide for access to the facility for periodic inspection
by the Village of West Haverstraw to ensure that the facility is maintained
in proper working condition to meet design standards and any other provisions
established by this article. The easement shall be recorded by the grantor
in the office of the County Clerk after approval by the Village Attorney.
This easement shall not impose any obligation on the Village of Pomona to
maintain or repair the stormwater management facility.
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, at a minimum,
the following:
(1)
A preventive/corrective maintenance program for all 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 article;
(2)
Written procedures for operation and maintenance and
training of maintenance personnel;
D.
Maintenance agreements. The Village of West Haverstraw
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 consistent with the terms and conditions
of this article and approved by the Village Attorney. In lieu of a maintenance
agreement, the Village of West Haverstraw may, in its sole discretion, accept
dedication of any existing or future stormwater management facility, provided
such facility meets all the requirements of this article and includes adequate
and perpetual access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
A.
Construction inspection.
(1)
The Village of West Haverstraw Stormwater Management
Officer may require such inspections as necessary to determine compliance
with this article and may either approve that portion of the work completed
or notify the applicant wherein the work fails to comply with the requirements
of this article and the approved SWPPP. To obtain inspections, the applicant
shall notify the Village Code Enforcement Officer at least 48 hours before
any of the following as required by the Stormwater Management Officer:
(a)
Start and/or resumption of construction;
(b)
Installation of sediment and erosion control measures;
(c)
Completion of site clearing;
(d)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the construction season;
(g)
Completion of final landscaping;
(h)
Establishment of landscaping in public areas, if any.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for site stabilization
until all violations are corrected and all work previously completed has received
approval by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The Stormwater
Management Officer 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 plans shall show the final design specifications
for all stormwater management facilities and shall be certified by a professional
engineer.
C.
Inspection of stormwater facilities after project completion.
Subject to approval of the Stormwater Management Officer, inspection programs
shall be established on any reasonable basis, including but not limited to:
routing 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.
D.
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this article
as are necessary to determine compliance with this article.
E.
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 Village of West Haverstraw the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
In order to ensure the full and faithful completion of
all land development activities related to compliance with all conditions
set forth by the Village of West Haverstraw in its approval of the stormwater
pollution prevention plan, the Village may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow or irrevocable
letter of credit which guarantees satisfactory completion of the project and
names the Village of West Haverstraw as beneficiary in form subject to approval
of the Village Attorney. The security shall be in an amount to be determined
by the Village based upon 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 date of final acceptance
or such other certification that the facility has 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 Village.
B.
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, if required by the Village of West
Haverstraw, provide the Village with an irrevocable letter of credit from
an approved financial institution or surety to guarantee proper operation
and maintenance of construction and until the facilities are removed from
operation. If the developer or landowner fails to properly operate maintain
stormwater management and erosion and sediment control facilities, the Village
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
The village may require entities subject to this article
to maintain records demonstrating compliance with this article.
A.
When the Stormwater Management Officer determines that
a land development activity is not being carried out in accordance with the
requirements of this article or with the SWPPP, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring
the land development activity into compliance with this article and a time
schedule for completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be
appealed to the Board of Trustees by filing a written notice of appeal within
15 days of service of the notice of violation.
B.
Stop-work orders. The Stormwater Management Officer may
issue a stop-work order for violation of this article. Persons receiving a
stop-work order shall be required to halt all land development activities,
except those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the SMO confirms that
the land development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a stop-work order in a timely
manner may result in civil or criminal penalties or injunction in accordance
with the enforcement measures authorized in this article.
C.
Penalties.
(1)
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article shall
be guilty of a violation punishable by a fine not exceeding $1,000 for conviction
of a first offense; not less than $1,000 nor more than $2,500 or imprisonment
not to exceed 15 days or both for conviction of a second offense within a
period of five years; not less than $2,500 nor more than $5,000 or imprisonment
for a period not to exceed 15 days or both upon conviction for a third or
subsequent offense committed within a period of five years. Violations of
this article shall be deemed offenses. Each week's continued violation
shall constitute a separate additional offense.
(2)
In addition to any other penalties provided for herein
or in any law, any person who violates any provision of this article shall
be liable for a civil penalty not to exceed $3,000 for each such violation.
No such penalty shall be imposed until the Board of Trustees has held a public
hearing, upon due notice, and has made a determination that such violation
has occurred and has made findings of fact relating to said determination.
The alleged violator shall have a right to specification of the charges and
to be represented by counsel at such hearing. Each week such violation shall
continue shall be deemed a separate, distinct and additional offense. Any
civil penalty or order issued by the Board of Trustees shall be reviewable
pursuant to Article 78 of the Civil Practice Law and Rules within 30 days
after filing of such penalty or order in the office of the Village Clerk and
mailing a copy thereof to the violator.
D.
Restoration. The Stormwater Management Officer may require any violator to restore land to its prior undisturbed condition. In the event that restoration is not undertaken within the time stated in the notice issued pursuant to § 202-32A, the Village may take necessary corrective action, the cost of which shall become a lien in the nature of a tax lien upon the property until paid. In addition, any fees, penalties or other costs imposed by the Village against the violator in order to obtain compliance with this article shall be assessed against the property in the nature of a tax lien until paid. No such lien shall take effect until the Board of Trustees has held a public hearing upon 10 days notice to the violator, advising him/her that a lien will be imposed upon the affected property and the amount thereof. The violator shall have an opportunity to appear and give evidence at the public hearing and to be represented by counsel. Any person aggrieved by a decision of the Board of Trustees may appeal such decision to the New York State Supreme Court in an Article 78 proceeding pursuant to the Civil Practice Law and Rules within 30 days after such decision has been filed in the office of the Village Clerk and a copy mailed by regular mail to the violator.
No certificate of occupancy shall be issued for any building or structure
in connection with any land development activity that is subject to this article
unless the SMO has certified that the work has been installed or conducted
in compliance with this article.
The Village of West Haverstraw may require any person undertaking land
development activities regulated by this article to pay the costs for review
of SWPPPs, inspections, or SMP maintenance performed by Village officers or
employees or performed by a third party for the Village. The Village shall
determine the amount to be paid by the said person into an escrow account
to be held by the Village. The cost incurred by the Village shall be reimbursed
from the escrow account. The escrow account shall be replenished by the person
undertaking the land development activity on an as needed basis.