The City seeks to minimize problems resulting from uncontrolled
runoff, flooding and sediment pollution as well as adversely affected
water quality which can negatively impact human health, water quality,
receiving stream biodiversity and the general safety and welfare of
the public. In keeping therewith, it is the policy of the City Council
that the City shall:
A. Enact regulations which comply with the requirements of the NYSDEC
general permit for stormwater discharges from the municipal separate
stormwater sewer system (MS4).
B. Protect the public and prevent damage from flooding and stormwater
runoff.
C. Implement a program to detect, enforce and eliminate illicit discharges
to the City stormwater collection system and other City drainage system
components.
D. Encourage the protection of natural drainage systems such as streams,
lakes, state and federal wetlands and other groundwater and subsurface
waters in order to preserve the beneficial functions and values of
those resources.
E. 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, or as amended or revised.
F. Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels.
G. Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
H. Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
I. 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 to eliminate threats to public health and safety.
J. Require the implementation of sound stormwater management and soil
erosion and sediment control practices to be implemented on subdivisions,
site plans and construction sites.
K. Provide for the adoption and use of the most current engineering
practices on redeveloped and newly developed sites.
L. Meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02 or as amended or revised.
M. Regulate the contribution of pollutants to the MS4 since such systems
are not designed to accept, process or discharge nonstormwater wastes.
N. Prohibit illicit connections, activities and discharges to the MS4.
O. Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
P. Promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Unless specifically defined below, words and phrases shall be
interpreted so as to give them the meaning they have in common language
and to give these regulations their most effective application. Words
used in singular shall include the plural, and words used in the plural
shall include the singular, and all terms shall be considered neutral
and equal as to gender. Words used in the present tense shall include
other tenses as the sense thereof requires. The word "shall" denotes
mandatory and is not discretionary. The word "may" is permissive.
ADVERSE IMPACTS
Any modifications, alterations, impacts or effects on a feature
or characteristic of public waters, wetlands or adjacent lands, including
their quality, quantity, hydrology, surface area, species composition,
living resources, aesthetics, or usefulness for human or natural uses,
which are or may potentially be harmful or injurious to human health,
welfare, safety or property, to biological productivity, diversity
or stability or which unreasonably interfere with the enjoyment of
life or property, including outdoor recreation, or which reasonably
pose a risk or danger thereof.
AGRICULTURAL ACTIVITY
Activity associated with farming and the production of farm
products, including raising and caring for livestock; planting, irrigating,
harvesting and storing crops; growing trees and harvesting timber;
and related activities.
APPLICANT
A property owner or the agent thereof who has filed an application
seeking legal approval for a land development activity.
BEST MANAGEMENT PRACTICES (BMPs)
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
to 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.
CITY
Except as may be otherwise provided, the City of Newburgh,
New York.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendment thereto.
CONSTRUCTION ACTIVITY
Any process or technique which involves the regrading or
altering of existing topography, installation of pipes, bridges, structures,
water systems, sewer systems, or other infrastructure having an influence
on or influenced by the flow of water.
DEPARTMENT, DEC or NYSDEC
The New York State Department of Environmental Conservation,
unless the word "department" is otherwise defined or referenced.
DEVELOPER
Any person who engages in development either as the owner
or the agent of the owner of property.
DEVELOPMENT or DEVELOPMENT ACTIVITY
A.
Construction, installation, alternation, demolition or removal
of a structure, impervious surface or drainage facility; or
B.
Clearing, trimming, adding to or reducing, scraping, grubbing
or otherwise removing or killing the vegetation on a site; or
C.
Adding, removing, exposing, excavating, leveling, grading, digging,
burrowing, dumping, piling, dredging or otherwise significantly disturbing
the soil, mud, sand or rock or other topographical, surface or subsurface
feature(s) of a site.
DRAINAGE SYSTEM
The system through which water flows from the land, including
but not limited to stormwatercourses, watercourses, water bodies,
streams, rivers, creeks, ponds, lakes, groundwater and wetlands.
EMERGENCY
A condition or circumstance whereby an actual or threatened
discharge presents or may present imminent and substantial harm, damage
or danger to the environment, to any property, to the health and/or
welfare of any persons, and/or to the MS4.
EROSION
The wearing away or washing away of soil by the action of
wind or water or changes in temperature.
EXTREME FLOOD CONTROL CRITERIA (Qf)
Standards which, when applied to a development project as
defined and described herein, require storage to attenuate the postdevelopment
one-hundred-year, twenty-four-hour peak discharge to predevelopment
rates. Criteria for calculating Qf shall be those set forth in the
New York State Stormwater Management Design Manual and as same shall
be amended from time to time.
FLOOD
The temporary rise in the level of any water body, watercourse
or wetland which results in the inundation of areas not ordinarily
or usually covered by water.
HAZARDOUS MATERIAL
Any substance or admixture of substances containing chemicals,
compounds, elements or other substances which are either defined as
dangerous or hazardous by any federal, state or local law, rule or
regulation or are regulated or controlled by a federal or state agency
to prevent their unauthorized or uncontrolled release into the environment
or exposure to human, animal or plant life or which if released or
discharged into the MS4 or into the environment would have or potentially
would have adverse impacts as same are defined herein.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
whether man-made or natural or mixed, which allows an illegal discharge
to enter the MS4, including but not limited to:
A.
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and washwater, 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
previously allowed, permitted, or approved by an authorized enforcement
agency; or
B.
Any drain or conveyance connected from a commercial or industrial
or residential or mixed land use to the MS4 which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the storm
system other than naturally occurring surface water runoff or runoff
which is exempted by NYSDEC MS4 regulations and/or by this article.
Illicit discharges can also include, but are not limited to, stormwater
with any admixtures, including regulated chemicals and substances.
Illicit discharges shall include, but are not limited to, discharges
from sanitary sewer systems, floor drains, or other sources but do
not include uncontaminated condensate water.
IMPERVIOUS SURFACE
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water,
including rainfall, melted snow and ice, and water from other sources.
It includes semi-impervious areas such as compacted clay, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures and sites.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility 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 groundwaters
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 Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System (SPDES) permit
issued in order to regulate the pollutant levels associated with water
and other discharges and/or which specifies pollution control requirements,
measures or strategies.
INFILTRATION
The process of percolation of water, including stormwater,
into the subsoil.
INFILTRATION BASIN
A permanent structure designed to recharge stormwater runoff
to groundwater.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions
commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre; 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; or activities disturbing any amount of land which have
or tend to have impacts which are addressed in this article.
LANDOWNER
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; also referred to herein as "owner."
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
MS4
Municipal separate storm or stormwater sewer system as defined
by NYSDEC and/or by this article; a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains):
A.
Owned or operated by the City of Newburgh;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
MUNICIPALITY
The City of Newburgh, unless otherwise designated herein.
NATURAL SYSTEMS
Systems which predominantly consist of or use those communities
of plants, animals, bacteria and other flora and fauna which occur
indigenously on the land, in the soil or in the water.
NONPOINT SOURCE POLLUTION
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,
development, subsurface disposal and urban runoff sources.
ONE-YEAR DESIGN STORM
The one-year, twenty-four-hour design storm event. Three
inches or more of rainfall in 24 hours shall be considered the minimum
threshold for determining the occurrence of a one-year design storm.
OVERBANK FLOOD CONTROL CRITERIA (Qp)
Overbank flood control criteria which require storage to
attenuate the postdevelopment ten-year, twenty-four-hour peak discharge
rate to predevelopment flow rates. Ten-year design storm requirements
shall be applicable upon the occurrence of a minimum of quantum rainfall
in any twenty-four-hour period, as indicated in the New York State
Stormwater Management Design Manual and as same shall be amended from
time to time.
OWNER
The person in whom is vested the fee ownership, dominion,
or title of property or his agent, manager, employee, heir, partner,
or other designee responsible for such property, i.e., the proprietor.
This term may also include a tenant, if chargeable under his lease
for the maintenance of the property, and any agent of the owner or
tenant, including a developer, manager, superintendent or other person
and/or entity responsible for same by operation of contract or law.
PERSON
Any and all persons, individuals, associations, organizations
or entity, natural or artificial, and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership,
association, two or more persons having a joint or common interest
or any other legal entity acting as the owner or as the owner's
agent or legally responsible authorized representative.
PLANNING BOARD
Except as otherwise indicated, the Planning Board of the
City of Newburgh.
POLLUTANT
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 and industrial, municipal,
agricultural waste and ballast discharged into water which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PROJECT
Any land development activity.
RECEIVING BODIES OF WATER
Any water bodies, watercourse or wetlands into which surface
waters flow either naturally, in man-made ditches, or other conduit,
whether or not such structure was intended to serve as such, or in
closed conduit systems or any combination of same or part thereof.
RECHARGE
The replenishment of subsurface water sources and reserves.
RESPONSIBLE PARTY(S)
The owner, owner of an interest, part owner, homeowners'
association, tenants' association, lessee, manager, agent, superintendent
or other person or entity responsible for the provision, operation,
oversight and/or maintenance of stormwater management and stormwater
management facilities, under law or by contract, and/or responsible
for compliance with this article and other applicable laws, rules
and regulations.
RETENTION STRUCTURE
A permanent structure which provides for the storage of runoff
by means of a permanent pool of water without release except by means
of evaporation, infiltration or attenuated release when runoff volume
exceeds the permanent storage capacity.
SEDIMENT
The fine particulate material, whether mineral or organic,
that is in suspension or has settled in a water body.
SEDIMENT FACILITY
Any structure or area which is designed to hold runoff water
until suspended particles have settled.
SITE
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership, or are contiguous
and in diverse ownership where or in the vicinity of which development
is to be performed as part of a unit, subdivision or project.
SPDES
The State Pollutant Discharge Elimination System.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
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 and the impacts
thereof upon the environment.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its 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.
B.
Section 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.
C.
Total maximum daily load (TMDL) strategy: the condition in the
municipality's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by the 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 is required by state
law to modify its stormwater or regulation management program to ensure
that reduction of the pollutant of concern specified in the TMDL is
achieved.
D.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges. Under this condition, the
municipality will review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If the MS4 is not
meeting the TMDL stormwater allocations, the municipality will, 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, as required by state law, code, rule or regulation.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, snow and ice melt, surface runoff, and other drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff, based on monitoring studies. NYSDEC has published
a list of activities that are considered stormwater hotspots and are
required to receive additional operational practices, which list in
its then-current form shall be considered "stormwater hotspots"; and
such others as shall qualify hereunder or under the law, rules and
regulations applicable thereto.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board, inspect stormwater management
practices and enforce the provisions of this article in conjunction
with other City officials and departments and other municipal agencies.
Unless otherwise designated, the City Stormwater Management Officer
shall be the City Engineer.
[Amended 6-18-2012 by L.L. No. 3-2012]
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined
to be effective, practical means of preventing flood damage and preventing
or reducing point source or nonpoint source pollution inputs to stormwater
runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities, and as described
in and required by these regulations, including standards, criteria,
requirements and enforcement thereof.
[Amended 6-18-2012 by L.L. No. 3-2012]
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation
or other drainage.
STREAM CHANNEL PROTECTION CRITERIA (CPv)
The volume of water calculated in twenty-four-hour extended
detention of the one-year, twenty-four-hour storm event and as calculated
and determined by criteria used to calculate CPv as found in the New
York State Stormwater Management Design Manual and as same shall be
amended from time to time.
STRUCTURE
That which is built or constructed, an edifice or building
or any piece of work artificially built or composed of parts joined
together in some definite manner, but shall not include fences or
signs.
303(d) LIST
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 the Department
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 (TMDL)
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.
TYPE THREE STORM DISTRIBUTION
The theoretical storm distribution simulating a North Atlantic
hurricane as defined by generally accepted meteorological terminology
to be used in modeling storms in the City of Newburgh.
VEGETATION
All plant growth, including, but not limited to, trees, shrubs,
herbs, vines, ferns, mosses and grasses.
WASTEWATER
Water that is not stormwater and is contaminated with pollutants
and is or will be discarded or discharged or released.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
WATER QUALITY VOLUMES (WQv)
The volume of water designed to capture and treat 90% of
the average annual stormwater runoff volume. The formula used to calculate
WQv shall take into account impervious surface(s), site area(s) and
the ninety-percent rainfall event value. The criteria for calculating
WQv shall be those found in the New York State Stormwater Management
Design Manual, and as same shall be amended from time to time.
WATERCOURSE
Any natural or artificial stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street,
roadway, swale or wash in which water flows in a definite direction,
either continuously or intermittently, and which has a definite channel,
bed or banks; or any combination of same or part or parts thereof.
WATERS OR PUBLIC WATERS
Any and all water on or beneath the surface of the ground.
It includes the water in any watercourse, water body or drainage system.
It also includes diffused surface water and water standing, percolating
or flowing beneath the surface of the ground.
WATERSHED
A drainage area or basin contributing to the flow of water
in a receiving body or bodies of water.
WATERWAY
A channel which directs runoff or drainage to a watercourse
or to or into a public drain or pipe or drainage system.
WETLANDS
Any area meeting the requirements of the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (latest edition),
and/or any area identified by the NYSDEC as being a state-protected
wetland.
[Amended 6-18-2012 by L.L. No. 3-2012]
No private or corporate person, owner, developer, contractor,
site operator or other party or entity or agent shall discharge or
cause to be discharged into any stormwater collection or conveyance
system, natural watercourse or water body within the City of Newburgh
or the MS4 any materials other than stormwater, except as provided
in Subsection A hereinbelow. The commencement, conduct or continuance
of any illegal discharge to the MS4 is prohibited except as described
as follows:
A. The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the municipality has determined
them to be substantial contributors of pollutants or the cause of
impacts prohibited hereunder: water line flushing or flushing of other
potable water sources, landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation
or footing drains, crawl space or basement sump pumps, air-conditioning
condensate, irrigation water, springs, water from individual residential
car washing, natural riparian habitat or wetland flows, dechlorinated
swimming pool discharges, residential street washwater, water from
firefighting activities, and any other water source not containing
pollutants or causing impacts prohibited hereunder. Such exempt discharges
shall be made in accordance with an appropriate plan for reducing
pollutants or mitigating or eliminating prohibited impacts. With the
exception of the discharges identified herein, no discharge piping
from any floor drain, sanitary drains, process piping or other similar
source shall be connected to any City-owned or -maintained stormwater
collection and conveyance system. The Building Inspector and/or Code
Enforcement Officer shall be authorized to enforce the provisions
of this section.
B. 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 article.
C. Dye testing in compliance with applicable state and local laws is
an allowable discharge but requires a verbal notification to the SMO
prior to the time of the test.
D. This prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, 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.
E. Violations of this section shall be punishable by the penalties set forth in §
248-76 herein. Every new day, measured from 12:00 midnight, during all or part of which a violation is found to exist, shall constitute a separate violation hereof. In addition to such penalty, the City may bring a separate civil action in any court of competent jurisdiction to recover from any violator(s) the cost of any damages caused by such violation, plus the cost of remediating such damage, plus any legal and attorneys' fees and costs associated with such action, including the right of the City to compel compliance or to restrain by injunction any such violations of this section. This shall be in addition to any other penalties or remedies provided by any other law, regulation, or rule or section hereof.
Notwithstanding other requirements of law, as soon as any person
responsible for a property, facility or operation, or responsible
for emergency response for a property, facility or operation, has
information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging
into the MS4, said person shall take all necessary steps to ensure
the discovery, reporting, containment, and cleanup of such release.
In the event of such a release of hazardous materials, said person
shall immediately notify emergency response agencies, including but
not limited to the City of Newburgh and the DEC, of the occurrence
via any effective means, including in person, by telephone, by facsimile
or other means. In the event of a release of nonhazardous materials,
said person shall notify the municipality 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 or person responsible
for 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 six years and shall be
subject to the review and audit of the City or by the DEC at any and
all reasonable times.
[Amended 6-18-2012 by L.L. No. 3-2012]
The stormwater pollution prevention plan shall fully document
compliance with the requirements of the NYSDEC construction SPDES
permit and New York State Stormwater Management Design Manual. All
sites requiring a stormwater pollution prevention plan to be implemented
must document a zero increase in peak discharge from the predevelopment
conditions as compared to postdevelopment conditions.
The Stormwater Management Officer (SMO), the City Engineer,
the Director of Code Compliance and any City officer designated as
such by the City Manager, including the City Manager, shall have the
authority to administer, implement and enforce the provisions of this
article.
A. Construction inspection.
(1) Whenever a project subject to the provisions of this article is undertaken,
whenever any stormwater management facility is installed on public
or private property, or whenever any new connection is made between
private property and the City stormwater system, the City of Newburgh
City Engineer, Code Compliance Supervisor and/or 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 any stormwater pollution
prevention plans (SWPPPs) as approved. The owner or responsible party
shall grant to the City the right to enter upon the property at any
and at all reasonable times for the purpose of performing any or all
of the inspections referenced herein. To obtain inspections, the applicant
shall notify the City of Newburgh Code Compliance Office at least
72 hours before any of the following, as required by the City:
(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)
Successful establishment of landscaping in public areas.
(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 any violations are corrected and all work
previously completed has received approval by the City.
B. Stormwater management practice inspections. The City Engineer and/or
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 plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C. Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, as may be required
by the City Engineer and/or Stormwater Management Officer, 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 discharge
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 not be
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. A report of such inspection
shall be prepared following each such inspection and shall be kept
on file for ready access at all reasonable times by the City official
responsible therefor.
D. Submission of reports. The City Engineer and/or Stormwater Management
Officer, in their discretion, may require monitoring and reporting,
in writing, from entities subject to this article as are necessary
to determine compliance with this article at any and all times.
E. Recordkeeping. The City Engineer and/or Stormwater Management Officer
may require entities subject to this article to maintain records demonstrating
compliance with this article. Such records shall be maintained in
a current and audit-ready condition at all times and shall be made
available for City inspection at the City's request at all reasonable
times.
[Amended 6-18-2012 by L.L. No. 3-2012]
The City of Newburgh may require any person undertaking land
development or other activities regulated by this article to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SWP
maintenance performed by the City or performed by a third party for
or on behalf of the City. The City may require the payment of such
fees and/or the establishment of an escrow account in an amount to
be determined by the City upon the recommendation of the Stormwater
Management Officer to provide a fund sufficient to pay the reasonably
anticipated costs thereof.