[Adopted 10-18-2006 by L.L. No. 2-2006]
The objectives of this article are:
A. To meet the requirements of the SPDES General Permit
for Stormwater Discharges for the MS4 (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 non-stormwater
wastes;
C. To prohibit illicit connections, 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,
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 education 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). 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.
DEPARTMENT
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 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
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 non-stormwater discharge to the MS4, except as exempted in §
180-5 of this article.
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).
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM 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):
A.
Owned or operated by the Village of Great Neck Plaza;
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 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.
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 EPA for a water body or watershed into which the MS4
discharges.
D.
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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the municipal engineer or other public official(s) designated
by the Village to enforce this article. 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. Unless the Board of Trustees of the Village hereinafter
designates otherwise, the SMO shall be the Village Commissioner of Public
Service.
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. 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.
TMDL
Total maximum daily load.
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.
WASTEWATER
Water that is not stormwater, 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 Stormwater Management Officer(s) 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 municipality.
No persons shall operate a failing individual sewage treatment system
in areas tributary to the municipality's MS4. A failing individual sewage
treatment system is one 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.
Any person subject to an industrial or constructive 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 municipality
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 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 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 Village Board of Trustees within 15 days of its issuance,
which 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 Municipal 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 10-18-2006 by L.L. No. 3-2006]
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 deposition;
B. This stormwater runoff contributes to increased quantities
of water-borne 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
stream bank erosion and sedimentation;
E. Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
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 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 residing within this jurisdiction and to address the findings of fact in §
180-20 hereof. 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) (Permit No. GP 02-02 or as amended or revised);
B. Require land development activities to conform to the
substantive requirements of the NYS 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 land development
activities in order to reduce flooding, siltation, increases in stream temperature,
and streambank 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; and
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.
The following activities are exempt from review under this article:
A. Agricultural activity as defined in this article.
B. Silvicultural activity, except that landing areas and
log haul roads are subject to this article.
C. Routine maintenance activities that disturb fewer than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D. Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E. Any part of a subdivision if a plat for the subdivision
has been approved by the Village Board of Trustees or Village Planning Board
on or before the effective date of this article.
F. Land development activities for which a building permit
has been approved on or before the effective date of this article.
H. Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I. Emergency activity immediately necessary to protect life,
property or natural resources.
J. Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his or her family.
K. Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article shall have the meaning 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.
APPLICANT
A property owner or agent of a property owner who has filed an application
for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a
roof, designed for the shelter of any person, animal or property, and occupying
more than 10 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.
DEDICATION
The deliberate appropriation of property by its owner for general
public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
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.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
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.
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 legally recorded document that acts as a property deed restriction,
and which provides for long-term maintenance of stormwater management practices.
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 siltation) 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.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered
or special concern species.
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, snow melt and 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.
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
An employee or officer designated by the Village to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
municipal board and inspect stormwater management practices.
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.
SURFACE WATERS OF THE STATE OF NEW YORK
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. 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.
VILLAGE
The Village of Great Neck Plaza.
WATERCOURSE
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the
public storm drain.
All land development activities shall be subject to 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. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall be presumed
to meet the standards imposed by this article:
(1) The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2) New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B. 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.
The Village may require any person undertaking land development activities
regulated by this article to pay reasonable costs at prevailing rates for
review of SWPPPs, inspections, or SMP maintenance performance by the Village
or performed by a third party for the Village.