The purpose of this Part 3 is to provide for
the health, safety and general welfare of the residents of the City
of Glen Cove through the regulation of connections to the City’s
municipal separate storm sewer system (MS4) and the regulation of
nonstormwater discharges to the MS4 to the maximum extent practicable
as required by federal and state law. This Part 3 establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the New York State Department of Environmental
Conservation’s (NYSDEC) SPDES General Permit (GP-02-02) for
Municipal Separate Storm Sewer Systems. The objectives of this Part
3 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 unauthorized and 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 Part 3; 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 Part 3, unless a different
meaning is stated in a definition applicable to only a portion of
this Part 3, 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 City of Glen Cove, New York.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
An authorization for connection as well as a discharge permitted under § 225-126 of this Part 3, as well as a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Director of the Department of Public Works. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
Activities requiring authorization under a NYSDEC SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the City. These activities include construction projects resulting
in land disturbance equal to or greater than the area stipulated in
statutes or regulations of the state, county or the City, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
A New York State licensed professional engineer or licensed
architect.
The Director of the Department of Public Works of the City
of Glen Cove or the person serving in the capacity of the Director
of the Department of Public Works.
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, welfare, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
Any action or condition, active or passive, that results
in nonstormwater entering the City’s MS4.
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 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 prior to the enactment of this
Part 3; 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 building or structure floor drain or trench
drain; and
Any unauthorized connection as defined elsewhere
in this section.
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, exclusive of a facility where a permit is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
The municipal separate storm sewer system owned by the City
or another municipal entity.
Of or pertaining to a county, town, city, village or other
unit of government.
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, dry wells
or any other component of a stormwater system) that is:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
The Office of the Director of the Department of Public Works
of the City of Glen Cove or the person serving in the capacity of
the Director of the Department of Public Works.
Any individual, association, organization, partnership, firm,
corporation, limited-liability company or other entity recognized
by law and acting as either the owner or as the owner’s agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, dredged spoil, filter backwash,
solid waste, incinerator residue, treated or untreated sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, hazardous 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
its promulgated standards. Also, paints, varnishes, and solvents;
oil and other automotive fluids; hazardous or nonhazardous liquid
and solid wastes, yard wastes, including branches, grass clippings
and leaves; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects and accumulations so that same may cause or contribute
to pollution; and discharges of soaps, detergents, or floatables;
pesticides, herbicides, and fertilizers; sewage, fecal coliforms and
pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building, structure or
site improvements; cement, gravel, sand, silt, mud, other soils, and
noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards:
The condition that applies where an MS4 has been notified that the
discharge of stormwater authorized under its MS4 SPDES 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 MS4 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 an MS4
SPDES permit that applies where the MS4 discharges to an NYSDEC 303(d)
listed water. Under this condition, the MS4’s stormwater management
program must ensure no increase of the listed pollutant of concern
to the 303(d) listed water.
Total maximum daily load (TMDL) strategy: The
condition in an MS4 SPDES 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 MS4 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 an 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
MS4 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 MS4 must, within six months of the
TMDLs approval, modify its stormwater management program to ensure
that reduction of the pollutant of concern specified in the TMDL is
achieved.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, subsurface drainage and snowmelt.
The Director of the Department of Public Works of the City
of Glen Cove (or the person serving in the capacity of the Director)
or his/her authorized deputies, agents or representatives, including
employees of other City departments, as appropriate. The SMO is to
enforce this Part 3, review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
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 NYSDEC
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.
Total maximum daily load.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
A permanent or temporary unapproved direct or indirect conveyance
to the City’s MS4. Any connection, pipe, hose, or other conveyance
that is not documented on plans, maps, or equivalent records signed
by the Director, or that is not approved by a permit issued by the
Director, is considered unauthorized regardless of whether the discharge
is otherwise allowed by this Part 3.
Free of pollutants (see definition of “pollutant”).
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This Part 3 shall apply to discharged connections
to the City’s MS4. This includes activities that result in discharge,
seepage or deposition into the City’s MS4, and all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency and allowed by a discharge
or connection permit or other document approved by the Director. This
Part 3 shall also apply to discharges and connections entering another
MS4 that is tributary to the City’s MS4.
The Director of the Department of Public Works
of the City of Glen Cove (or the person serving in the capacity of
the Director), as the Stormwater Management Officer (SMO) for the
City, or duly authorized deputies, agents or representatives, including
employees of other City departments, as appropriate, shall administer,
implement, and enforce the provisions of this Part 3.
