[Adopted 5-15-1995 by L.L. No. 4-1995; amended in its entirety 12-21-2009 by L.L. No.
14-2009]
It is the purpose of these regulations to:
A. Establish minimum acceptable standards for stormwater management
within the Town of Newburgh. These minimum acceptable standards must
be met and paid for by the person or firm proposing the subdivision,
development and/or site plan where the facilities will be used.
B. The amended limitations on construction of stormwater management
facilities imposed herein specifically do not apply to mapped subdivisions,
developments and site plans which have been finally approved by the
Town of Newburgh Planning Board or other authorized authority for
which a final map has been filed in the office of the Orange County
Clerk or Town offices, as required by law. Previously enacted limitations
remain in effect for those projects.
C. 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 0-08-002 or as amended or revised.
D. 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-0-08-001 or as amended or revised.
E. Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels.
F. Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
G. Maintain the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
H. Maintain stormwater runoff rates and volumes, minimize 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.
Since improperly managed stormwater runoff can increase the
incidence of flooding and erosion which can adversely affect human
life, flora and fauna, these regulations have the following objectives:
A. To protect, maintain and enhance both the immediate and long-term
health, safety and general welfare of the citizens of the Town of
Newburgh.
B. To prevent damage from flooding.
C. To protect, restore and maintain the chemical, physical and biological
integrity of community waters.
D. To encourage protection of natural drainage systems, such as wetlands,
and use them in ways that do not impair their beneficial functioning.
E. To protect, restore and maintain the habitat of fish and wildlife.
F. To assure the attainment of these objectives by requiring the approval
and implementation of SWPPP's for all activities which may adversely
impact surrounding areas.
Unless specifically defined below, words or phrases shall be
interpreted so as to give them the meanings they have in common usage
and to give these regulations their most effective application. Words
used in the singular shall include the plural, and the plural shall
include the singular; words used in the present tense shall include
the future tense. The word "shall" connotes mandatory and not discretionary;
the word "may" is permissive.
ADVERSE IMPACTS
Any modifications, alterations 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.
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 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.
DAM
Any artificial barrier, including any earthen barrier, together
with its appurtenant works, which impounds or will impound water.
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.
DETENTION STRUCTURE
A permanent structure for the temporary storage of runoff,
designed so as not to create a permanent pool of water, which gradually
releases water over 24 hours at a rate not exceeding the predevelopment
rate of runoff. This structure is used to control the peak discharge
rates of stormwater and provide gravity settling of pollutants.
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, alteration, demolition or removal
of a structure, impervious surface or drainage facility;
B.
Clearing, scraping, grubbing or otherwise removing or killing
the vegetation of 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 of a site.
DRAINAGE SYSTEM
The system through which the water flows from the land. It
includes stormwater, watercourses, water bodies, groundwater and wetlands.
EROSION
The wearing away or washing away of soil by the action of
wind or water.
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."
FLOOD
The temporary rise in the level of any water body, watercourse
or wetland which results in the inundation of areas not ordinarily
covered by water.
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.).
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.
It includes semi-impervious areas such as compacted clay, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures.
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 pollution control strategies.
INFILTRATION
The process of percolating 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, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
NATURAL SYSTEMS
Systems which predominately 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,
subsurface disposal and urban runoff sources.
OWNER
The person in whom is vested the fee ownership, dominion
or title of 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.
PERSON
Any and all persons, natural or artificial, and includes
any individual, firm, corporation, government agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
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.
RECEIVING BODIES OF WATER
Any water bodies, watercourses or wetlands into which surface
waters flow either naturally, in man-made ditches or in closed conduit
systems.
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.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
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 development is to be performed as part
of a unit, subdivision or project.
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 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
The Town of Newburgh Building Inspector or other employee
or officer designated by the Town Board to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or monopoint source pollution
inputs to stormwater runoff and water bodies.
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.
SURFACE WATERS OF THE STATE OF NEW YORK
A.
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.
B.
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.
TOWN ENGINEER
The duly appointed Town Engineer of the Town of Newburgh
or his designated representative.
VEGETATION
All plant growth, including trees, shrubs, herbs, vines,
ferns, mosses and grasses.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERSHED
A drainage area or basin contributing to the flow of water
in a receiving body of water.
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.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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 New York State Department of Environmental
Conservation (NYSDEC) as being a state-protected wetland.
To ensure attainment of the objectives of these regulations
and to ensure that performance standards will be met, the design,
construction and maintenance of drainage systems shall be consistent
with the following standards:
A. In the interest of reducing the total area of impervious surface,
preserving existing features, which are critical to stormwater management,
and reducing the concentration of stormwater flow, maximum use shall
be made of existing on-site natural and man-made stormwater management
facilities.
B. Innovative stormwater management facilities may be proposed (e.g.,
rooftop storage, underground storage structures and infiltration systems),
provided that they are accompanied by detailed engineering plans and
demonstrate performance capabilities that are acceptable to the Town
Engineer or his designated representative.
C. Stormwater management facilities shall be provided so the peak discharge
of the calculated postdevelopment runoff to an adjacent property,
watercourse or water body does not exceed the peak discharge of the
predevelopment runoff. Point discharge of stormwater runoff to an
adjacent property, watercourse or water body will not be allowed in
the postdevelopment design if one did not exist in the predevelopment
condition. Point discharge is required to be returned to sheet flow
or an easement will be required to be obtained from the adjoining
property owner if this condition cannot be met. Calculating and supporting
documentation and designs will be required regarding point discharges
being returned to sheet flows.
D. Runoff calculations for the predevelopment and postdevelopment comparison
shall consider the 90% storm event one- , ten- , twenty-five-year
for pipe sizing, and one-hundred-year storm frequencies.
E. For predevelopment computations, all runoff coefficients within the
study area shall be based on actual land use conditions.
F. Stormwater management practices in compliance with NYSDEC standards
and guidelines and other approved alternatives shall be used to retain
and detain the increased and accelerated runoff and reduce pollutants
in runoff which the development generates. Water shall be released
from these areas at a rate equal to or less than the predevelopment
conditions of the storm event. Measures shall be taken to protect
the outfall area from erosion. Water quality volume shall be addressed
by any proposed postdevelopment design.
G. Retention/detention basins shall be designed to safely discharge
the peak discharge from the postdevelopment one-hundred-year storm
frequency event through an emergency spillway in a manner which will
not damage the integrity of the basin or cause damage to adjoining
properties.
H. Retention/detention basins shall be landscaped in accordance with
current engineering practices, the New York guidelines for Erosion
and Sediment Control and any additional landscaping requirements imposed
by a reviewing board of the Town pursuant to its authority.
I. Retention/detention basins which may be used to collect sediment
during construction operations must have all sediment removed at any
time that it is at 60% of its original capacity. Upon completion of
all construction, any sediment in the basin must be removed and the
basin shall be reshaped to the design dimensions and stabilized. A
maintenance schedule must be provided that indicates how often the
basin is to be cleaned thereafter and who is responsible for maintaining
it.
J. Retention/detention basins which are designed with a dam shall incorporate
the following minimum standards:
(1) The maximum water depth shall not exceed 10 feet unless approved
by waiver of the Town Board.
(2) The minimum top width of dams shall be 10 feet.
(3) The side slopes of earth fill dams shall not be steeper than three
feet horizontal to one foot vertical on the downstream side of the
embankment.
(4) Basins designed with permanent opened water shall be fenced.
(5) A cutoff trench of impervious material shall be provided under all
dams.
(6) All pipes and culverts through dams shall have properly spaced cutoff
collars or factory welded antiseep collars.
(7) A minimum of one foot freeboard, computed from the maximum water
surface elevation during the one-hundred-year storm event, shall be
provided in all basins.
(8) The minimum floor elevation of all structures that would be affected
by a basin or other water impoundments or open conveyance systems
where ponding may occur shall be two feet above the one-hundred-year
water surface elevation.
K. Runoff calculations for stormwater management facilities shall be
based upon the following methods:
(1) SCS — TR-20 (latest revision) is the recommended and preferred
method for the study of watersheds with a drainage area greater than
100 acres. SCS — TR20 or SCS — TR-55 Tabular Hydrograph
Method (latest revision) may be used for the study of watersheds with
a drainage area greater than 200 acres.
(2) SCS — TR-55 Graphical Peak Method (latest revision) may be
used in lieu of the Tabular Hydrograph Method for sizing conveyance
systems or checking peak flows only. It shall not be used for basin
routing or subarea routing as it does not provide an adequate hydrograph.
(3) Other standard engineering models with approval of the Town Engineer
or his designated representative.
(4) Stormwater runoff shall be based on the following twenty-four-hour
storm events with a Type III distribution:
|
Storm Event
|
Inches of Rainfall
|
---|
|
1-year
|
2.9
|
|
10-year
|
5.5
|
|
25-year
|
6.5
|
|
100-year
|
8.0
|
|
Source: SCS Technical Release 55
|
(5) Use of other criteria, assumptions, references, calculation methods
and computer programs may be utilized, provided that detailed design
information and programming, with references, are submitted to and
found acceptable by the Town Engineer or his designated representative
prior to submission of the stormwater management plan.
(6) Pipe size calculation shall be based on twenty-five-year return frequency
storm events.
L. The design plan and construction schedule shall incorporate measures
to minimize soil erosion and sedimentation.
M. Consideration shall be given to the relationship of the subject property
to the drainage pattern of the watershed.
N. Stormwater shall not be transferred from one watershed to another
unless:
(1) The watersheds are subwatersheds of a common watershed which join
together within the perimeter of the property.
(2) The effect of the transfer does not alter the peak discharge onto
adjacent lands, watercourse or water bodies at any point.
(3) Easements from the affected landowners are provided.
O. Technical references. 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, April 2008, 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,
August 2005, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
P. Technical standards.
(1) For all swales and gutters, the "n" factors used to determine capacity
and velocity shall be based on accepted engineering practices.
(2) Corrugated metal pipe will not be allowed to be used in any drainage
system or facility without the approval of the Town Superintendent
of Highways and the Town Engineer or his designated representative.
If allowed, corrugated metal pipe shall be fully asphalt coated with
paved inverts and the "n" factor shall be 0.022 for annular pipe and
0.017 for helical pipe.
(3) The "n" factor for concrete pipe shall be 0.013.
(4) The "n" factor for polyethylene pipe shall be 0.010 for smooth interior
pipe and 0.019 for corrugated interior pipe.
(5) Manufacturer's specifications may be submitted to the Town Engineer
or his designated representative for acceptance if other types of
pipes or sizes of pipes indicate that another value of "n" should
be used.
(6) Catch basins shall be designed with a sump of 16 inches.
(7) Catch basin inlet capacity shall be based on design data provided
by the manufacturer.
(8) Any existing drainage structures within 200 feet of the subdivision/site
shall be included in the stormwater management plan. Structures that
convey streams shall be checked to determine if they have the capacity
to carry the fifty-year-storm flows, and all other structures shall
be checked for capacity to carry the twenty-five-year storm flows.
(9) A tabulation of flows through all drainage systems shall be submitted
with the plans.
(10)
Culvert design shall consider inlet/outlet control at each structure
or hydraulic losses shall be calculated through the system. These
calculations are to be submitted as part of the plans. At a minimum,
when pipe sizes change, the tops of the pipes shall match in elevation.
(11)
All culverts having diameters of 24 inches to 48 inches shall
have a removable inlet grating of five-eighths-inch diameter (minimum)
reinforcing bars spaced approximately six inches on center. All design
calculations are to reflect this inlet control condition.
Q. Catch basins shall be located in the swale along open section roadways.
The calculated depth of flow in the swale shall not exceed 1/2 of
the total depth of the swale before placing a catch basin. The catch
basin shall be capable of accepting 100% of the flow in the swale.
On closed section roadways, catch basins shall be located along the
curbline and are not permitted along the curb radius at intersections.
For the purpose of catch basin placement, the depth of flow along
the curb and across intersections shall not exceed two inches.
R. Manholes and catch basins shall not be spaced more than 300 feet
apart. Structures shall be placed at all points of changes in horizontal
or vertical direction.
S. Curves in pipes will only be allowed where manufacturer's information
clearly demonstrates that the integrity of the pipe system will not
be compromised by such curving. As a general rule, only pipes of 24
inches or larger in diameter may be curved.
T. Stormwater collection systems shall have a minimum diameter of 15
inches and shall be designed to have a minimum velocity of three feet
per second. However, at the terminus of the system, the flow velocity
at the discharge point shall not exceed four feet per second prior
to the flow entering a natural watercourse, water body or adjacent
property.
U. The maximum swale, gutter or curb velocity of stormwater runoff shall
be maintained at levels which result in a stable condition both during
and after construction. Swales shall be designed and stabilized in
accordance with New York Standards and Specification for Erosion and
Sediment Control, current version or its successor. A minimum of six
inches of freeboard shall be provided above the flow depth in the
swale. Swales shall be designed to allow for infiltration of stormwater
runoff and removal of pollutants from the runoff whenever possible.
This can be accomplished by keeping the swale at as flat a slope as
possible, stabilizing the swale with a water-tolerant, erosion-resistant
grass that will not be mowed close to the ground, increasing the percolation
ability of the swale by tilling the soil before establishing vegetative
cover and installing check dams with rip rap on the downstream side
to prevent scouring.
V. Drainage facilities not located within public rights-of-way shall
be located within easements.
W. When plan applications are submitted in sections, each section shall
control stormwater runoff and sedimentation as though it were a separate
entity. If temporary facilities are required for construction of a
section, they shall meet all of the requirements of these regulations.
A construction or phasing schedule shall be submitted with each plan
and shall demonstrate the methods to be used to minimize stormwater
runoff and soil erosion and sedimentation.
X. Stormwater management facilities shall not be constructed within
or discharge directly to wetland areas, wetland buffer areas or existing
water bodies unless either:
(1) The appropriate permits from applicable regulatory agencies have
been obtained; or
(2) A letter from said agencies has been obtained stating that a permit
is not required for the proposed work. Copies of the permits or letters
shall be submitted to the Town Planning Board for review by the Town
Engineer or his designated representative prior to the final approval
of the plan.
Y. Individual lots, buildings and dwellings shall be provided with drainage
facilities to assure proper runoff from roofs, driveways, paved areas
and footing drains. Footing drains shall discharge to free-flowing
outlets. The installation of such facilities shall be in accordance
with these regulations and the Town of Newburgh Street Specifications and are required prior to the issuance of a certificate
of occupancy.
Z. 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.
AA. Stormwater discharges should be consistent with the thermal criteria
found in Part 704 of the Water Quality Regulations, Title 6, Chapter
X, New York State Codes, Rules and Regulations.
Stormwater management plans must demonstrate that the proposed
development or land development activity has been planned and designed
and will be constructed and maintained to meet each of the following
standards:
A. Ensure that, after development, runoff from the site equals or reduces
the rate of flow and quality of runoff that would have occurred following
the same rainfall under existing conditions.
B. Maintain the existing hydrologic characteristics of the watershed.
C. Protect the quality of groundwater and surface waters.
D. Protect groundwater levels.
E. Protect the beneficial functioning of wetlands as areas for the natural
storage of surface waters and the chemical reduction and assimilation
of pollutants.
F. Prevent increased flooding and damage that results from improper
location, construction and design of structures in areas which are
presently subject to an unacceptable danger of flooding.
G. Minimize injury to flora and fauna and adverse impacts to fish and
wildlife habitat.
H. Otherwise further the objectives of these regulations.
Any person aggrieved by the action of any official charged with
the enforcement of this article, as the result of the disapproval
of a stormwater management plan, issuance of a written notice of violation,
or an alleged failure to properly enforce the article in regard to
a specific application, shall have the right to appeal the action
to the Zoning Board of Appeals. The appeal shall be filed in writing
within 20 days of the date of official transmittal of the final decision
or determination to the applicant, shall state clearly the grounds
on which the appeal is based, and shall be processed in the manner
prescribed for hearing administrative appeals under the Town's
Zoning Code.
[Adopted 11-7-2011 by L.L. No. 8-2011]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Newburgh through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (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 in order to comply with
requirements of the SPDES General Permit for Municipal Separate Storm
Sewer Systems. The objectives of this article are:
A. To meet the requirements of the SPDES General Permit for Stormwater
Discharges 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, 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 impose penalties and remedies for noncompliance; 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 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 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 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; and/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 §
157-19 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 authorization under 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):
(1)
Owned or operated by the Town of Newburgh;
(2)
Designed or used for collecting or conveying stormwater;
(3)
Which is not a combined sewer; and
(4)
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
PERSON
Any and all persons, natural or artificial, and includes
any individual, firm, corporation, government agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity acting as either the owner or occupant
of premises, or as the owner's or occupant'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
(1)
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.
(2)
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.
(3)
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. If the discharge
from the MS4 did not meet the TMDL stormwater allocations prior to
September 10, 2003, the municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
(4)
Total Maximum Daily Load (TMDL) Implementation. 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 ADMINISTRATOR/OFFICER (SMA/SMO)
The Town of Newburgh Building Inspector, engineer, or other
person designated by the Town Board to enforce this article. The SMA
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.
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.
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.
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 Administrator(s) [SMA(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 SMA as may be authorized by the
Town Board.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
No person shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing
individual sewage treatment system is 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 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 municipality prior to the allowing or
continuance 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 non-hazardous 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.
It shall be a violation of this article for any person to violate
any provision or fail to comply with any of the requirements of this
article or fail to comply with a permit or approval condition related
to the subject matter of this article. If a person has violated or
continues to violate the provisions of this article, the SMA, 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.