[Adopted 10-16-2007 by L.L. No. 1-2007]
The purpose of this article of the Town Code is to provide for the health,
safety, and general welfare of the citizens of the Town through the regulation
of nonstormwater discharges, hereinafter defined, to the MS4 to the maximum
extent practicable as required by federal and state law. This article establishes
methods for controlling the introduction of pollutants into the MS4, hereinafter
defined, in order to comply with requirements of the SPDES, hereinafter defined,
general permit for MS4s. The objectives of this article are:
A. To meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02 or as amended or
revised;
B. To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process or discharge nonstormwater
wastes;
C. To prohibit illicit connections, hereinafter defined,
activities and discharges to the MS4;
D. To establish 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 discharge of trash, yard waste, lawn chemicals, pet waste, wastewater
(as hereinafter defined), grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment 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 meanings set forth below:
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity, GP-02-01, as amended or revised, a
copy of which is annexed hereto as Appendix A. These activities include construction projects resulting in land
disturbance of one or more acres. Such activities include but are not limited
to clearing and grubbing, grading, excavating, and demolition.
DEC
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, 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 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
B.
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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
241-5 of this article.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Town;
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.
PERSON
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owner's agent.
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.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards: the condition that
applies where the Town 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 Town must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality standards.
B.
303(d)-listed waters: the condition in the Town's MS4 permit that applies
where the MS4 discharges to a surface water listed in Section 303(d) of the
Clean Water Act as amended by the Water Quality Act of 1987, Public Law 100-4.
Under this condition the stormwater management program must ensure no increase
of the listed pollutants of concern to the 303(d)-listed water.
C.
Total maximum daily load (TMDL) strategy:
(1)
The condition in the Town'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.
(2)
The condition in the Town'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 Town 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 Town 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.
SPDES
State Pollutant Discharge Elimination System.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Town Engineer or other public official(s) designated
by the Town to enforce this article. The SMO may also be designated by the
Town to accept and review stormwater pollution prevention plans, forward the
plans to the applicable Town board and inspect stormwater management practices.
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 DEC as required by Section
303(d) of the Clean Water Act as amended by the Water Quality Act of 1987,
Public Law 100-4. 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.
TOWN
The Town of Guilderland.
WASTEWATER
Water that is not stormwater and which is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this
article. Such powers granted or duties imposed upon the authorized enforcement
official may be delegated in writing by the SMO as may be authorized by the
Town.
Best management practices. Where the SMO has identified illicit discharges, as defined in §
241-2 of this article, or activities contaminating stormwater, as defined in §
241-6 of this article, the Town may require implementation of BMPs to control those illicit discharges and activities.
A. 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.
B. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, as defined in §
241-2 of this article, or an activity contaminating stormwater, as defined in §
241-6 of this article, 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.
C. 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.
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 may be required in a form acceptable to the Town
prior to the allowing of discharges to the MS4.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a 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,
containment, and cleanup of such release. In the event of such a release of
hazardous materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of
a release of nonhazardous materials, said person shall notify the Town 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 Town 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.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board within 15 days of its issuance, which Board shall
hear the appeal within 30 days after the filing of the appeal and, within
five days of making its decision, file its decision in the office of the Town
Clerk and mail a copy of its decision by certified mail to the discharger.
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.
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 is a threat to public health, safety, and welfare and is declared
and deemed 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.
[Adopted 10-16-2007 by L.L. No. 2-2007]
It is hereby determined that:
A. Development of real property 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 deposition.
B. This stormwater runoff contributes to increased quantities
of water-borne pollutants, including more silt in 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. Improper clearing of vegetation and burial of vegetative
and other wastes can result in unstable soil conditions and the production
of noxious gases through decomposition of said wastes.
D. Improper design and construction of SMPs 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 these adverse
impacts on the waters of the municipality.
G. Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from development activities.
H. The regulation of stormwater runoff discharges from real
property 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 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 residing within this jurisdiction and those jurisdictions
dependent on our water quality and to address the findings of fact above.
This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 (construction
runoff) and 5 (postconstruction maintenance) of the SPDES general permit for
stormwater discharges from municipal separate stormwater sewer systems (MS4s)
Permit No. GP-02-02 or as amended or revised;
B. Require work on real property 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;
C. Minimize increases in stormwater runoff from activities
on real property in order to reduce flooding, silt, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D. Minimize or decrease pollution caused by stormwater runoff
from activities on real property which would otherwise degrade local water
quality;
E. Minimize or decrease the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable;
F. Reduce or decrease stormwater runoff rates and volumes,
soil erosion and nonpoint source pollution, wherever possible, through SMPs
and to ensure that these management practices are properly maintained and
eliminate threats to public safety. Specific consideration of stormwater runoff
shall be provided to critical watersheds; and
G. Eliminate unstable soil conditions and the production
of noxious gases which result from improper stormwater practices, improper
grading practices, improper clearing of vegetation and the burial of vegetative
and other wastes.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meanings as set forth in this section.
AGRICULTURAL ACTIVITY
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.
BUILDING
Any structure, either temporary or permanent, having walls or a roof,
designed for the sheltering of any person, animal, or property and occupying
more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEC
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, as amended.
This manual serves as the official guide for stormwater management principles,
methods and practices.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and Sediment
Control manual, as amended. This is commonly known as the "Blue Book."
IMPERVIOUS COVER
Surfaces, improvements and structures that cannot effectively be
infiltrated by rainfall, snowmelt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
LAND DEVELOPMENT ACTIVITY
An activity, including clearing, grubbing, grading, excavating, soil
disturbance or placement of fill, that results in land disturbance of equal
to or greater than one acre, or an activity 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.
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.
MAINTENANCE AGREEMENT
A document which provides for long-term maintenance of SMPs. It is
anticipated this document will be recorded in the Albany County Clerk's office
and will act as a property deed restriction or encumbrance.
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, subsurface disposal
and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization
of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such
as total suspended solids, turbidity or silt) 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.
PROJECT
Any construction or development activity upon real property.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened, endangered
or special concern species.
SPDES
The New York State Pollutant Discharge Elimination System.
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, surface runoff, snowmelt and drainage.
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 PRACTICES (SMPs)
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.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the Town Board to accept and
review stormwater pollution prevention plans, forward the plans to the applicable
Town board or department, inspect SMPs, and enforce this article.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
waterways, 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.
Storm sewers and waste treatment systems, including treatment ponds or lagoons
which also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither were
originally created in waters of the state (such as a disposal area in wetlands)
nor resulted from impoundment of waters of the state.
SWPPP
See "stormwater pollution prevention plan."
TOWN
The Town of Guilderland.
TOWN-DESIGNATED ENGINEER (TDE)
Engineering consultants as are determined to be necessary by the
respective Town board to enable full performance of that board's duties.
Notwithstanding the foregoing, the following activities are exempt from
the permit requirements under this article. However, even those projects which
are exempt from the permit requirements must meet the standards set forth
in this article.
A. Agricultural activity as defined in 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 a stormwater management facility.
C. Repairs to any SMP or stormwater management facility
deemed necessary by the SMO.
E. Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
F. Emergency activities immediately necessary to protect
life, property or natural resources.
G. Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use by that
person and his or her family.
H. Landscaping and horticultural activities in connection
with an existing structure that do not change the drainage patterns.
I. Creation or restoration of wetlands pursuant to a state
or federal wetlands permit.
J. Creation, restoration, or preservation of pine bush habitat
by the Albany Pine Bush Preserve Commission.
Every soil disturbance shall meet the criteria set forth in the New
York Standards for Erosion and Sediment Control, and all land development
activities shall be subject to all of the following performance and design
criteria:
A. Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. SMPs that are designed and constructed in accordance
with these technical documents shall be presumed to meet the standards imposed
by this article:
(1) The Erosion Control Manual;
(3) The Town Standard Format for Stormwater Management Plans
and Reports, a copy of which is annexed hereto as Appendix C.
B. Equivalence to technical standards. Where SMPs are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in the Design Manual [see Subsection
A(2) above], and the SWPPP shall be prepared by a landscape architect, CPESC, soil scientist or professional engineer.
C. Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New York.
D. Permitting process; additional standards.
(1) Applications shall be made on forms prescribed by the
Town, which shall be accompanied by the required fee, if any, established
by the Town Board.
(2) The SMO or other Town designee shall review the application
and act to approve, approve with modification, or deny the requested SWPPP.
(3) In the event that the submittal is denied, the applicant
may have the decision reviewed by the Town Planning Board.
(4) The smallest practical area of land shall be exposed
at any one time during the project.
(5) When land is exposed during development, the exposure
shall be kept to the shortest practical period of time.
(6) To protect areas in excess of one acre exposed for a
period over two weeks during development, the following controls shall be
applied:
(a) Temporary vegetation, mulch, geotextiles, and/or emulsion
shall be provided as needed to prevent soil erosion. Application of these
materials shall be by approved equipment;
(b) On areas that will be exposed for short periods of time
(daily) where weather conditions are conducive to airborne soil particles,
a construction fence shall be installed, as directed by the SMO; and
(c) On areas such as temporary roadways, when dry conditions
prevail, the contractor shall be required to apply water or take other measures
as required to prevent dust during daily construction activities.
(7) Sediment basins, debris basins, silting basins, silt
fencing, or silt traps shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(8) Permanent final vegetation and structures shall be installed
as soon as practical in the development.
(9) The development plan should be fitted to the type of
topography and soils so as to create the least erosion potentials.
(10) Wherever feasible, natural vegetation should be retained
and protected.
(11) In areas of proposed fill, all existing vegetation and
other organic material, including the root mat, shall be removed prior to
placement of fill. The material shall be disposed of in an appropriate off-site
facility or processed for reuse on site in a manner that will not be conducive
to adverse effects of decomposition, such as the production of odors or of
concentrations of noxious or explosive gases or the creation of unstable subsurface
conditions. The proposed method of on-site processing and reuse shall be specified
in the permit application and may require certification by a licensed professional
engineer as a safe and effective means of disposal.
(12) No vegetation or other waste materials shall be buried on the site unless otherwise approved by the Town in accordance with Chapter
236 of the Town Code.
(13) All fill placed on the site shall be as free of organic
material as is practicable.
E. Deposit; performance of site work; inspection.
(1) To ensure that the site work is performed in accordance
with the controls of this article, before obtaining approval the applicant
shall deposit with the Town a cash escrow as set forth in the fee schedule
adopted by the Town Board by separate resolution.
(2) Said site work shall be performed and completed in accordance
with the approved plan and schedule of vegetation removal and disposal, grading,
construction operation and erosion control methods on file with the SMO or
other designated party at the time of issuance of the approval.
(3) Upon completion of the site work set forth in the plan, the applicant will request the SMO or TDE to inspect the work; upon approval of the site work, the SMO or TDE will direct the Town to release all of the applicant's money deposited pursuant to Subsection
E(1) above.
(4) Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the Town and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Town pursuant to Subsection
E(1) above, and the Town shall be authorized to pay any charge or charges approved by the SMO or TDE without further approval of the applicant. If the Town should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Town after completion of said site work shall be returned to the applicant.
The Town may require any person undertaking activities regulated by
this article to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by Town personnel or performed by
a third party for the Town.