As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITY
Activity requiring authorization under the NYSDEC SPDES General
Permit for Stormwater Discharges from Construction Activity, GP-15-002,
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.
[Amended 11-18-2015 by L.L. No. 9-2015]
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 serve 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."
GREEN INFRASTRUCTURE PRACTICE
As set forth in Chapter
5 of the New York State Stormwater Management Design Manual.
[Added 11-18-2015 by L.L.
No. 9-2015]
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HAZARDOUS MATERIAL
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 CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
(1)
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
(2)
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 §
267-12 of this chapter.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL ACTIVITY
Activities requiring the NYSDEC SPDES Multi-Sector General
Permit for Stormwater Discharges Associated with Industrial Activity,
GP-0-12-001, as amended or revised.
[Amended 11-18-2015 by L.L. No. 9-2015]
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, grubbing, grading,
filling, excavating or stockpiling activities, that results in soil
disturbance equal to or greater than 5,000 square feet. Clearing activities
include, but are not limited to, logging equipment operations, the
cutting and skidding of trees, and stump removal and/or brush root
removal. Land development activity does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
[Amended 11-18-2015 by L.L. No. 9-2015]
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.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where multiple separate and distinct land
development activities are occurring, or will occur, under one plan.
The term "plan" in "larger common plan of development or sale" is
broadly defined as any announcement or piece of documentation (including
a sign, public notice or hearing, marketing plan, advertisement, drawing,
permit application, State Environmental Quality Review Act (SEQRA)
application, zoning request, computer design, etc.) or physical demarcation
(including signs, lot stakes, surveyor markings, etc.) indicating
that land development activities may occur on a specific plot. For
discrete construction projects that are located within a "larger common
plan of development or sale" that are at least 1/4 mile apart, each
activity can be treated as a separate plan of development or sale,
provided any interconnecting road, pipeline or utility project that
is part of the same common plan is not concurrently being disturbed.
[Added 11-18-2015 by L.L.
No. 9-2015]
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
MS4
Municipal separate storm 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):
(1)
Owned or operated by the Town of North Castle;
(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.
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.
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POINT SOURCE POLLUTION
Pollution from a single identifiable localized source, typically
a discernible, confined and discrete conveyance.
[Added 11-18-2015 by L.L.
No. 9-2015]
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.
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.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
QUALIFIED INSPECTOR
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), registered
landscape architect, or other NYSDEC endorsed individual(s). It can
also mean someone working under the direct supervision of, and at
the same company as, the licensed professional engineer or registered
landscape architect, provided that person has training in the principles
and practices of erosion and sediment control. Training in the principles
and practices of erosion and sediment control means that the individual
working under the direct supervision of the licensed professional
engineer or registered landscape architect has received four hours
of NYSDEC endorsed training in proper erosion and sediment control
principles every three years.
[Added 11-18-2015 by L.L.
No. 9-2015]
QUALIFIED PROFESSIONAL
A person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other NYSDEC endorsed
individual(s). Individuals preparing SWPPPs that require post-construction
stormwater management practices must have an understanding of the
principles of hydrology, water quality management practice design,
water quantity control design and, in many cases, the principles of
hydraulics, in order to prepare a SWPPP that conforms to the NYSDEC's
technical standard. All components of the SWPPP that involve the practice
of engineering, as defined by the New York State Education Law, shall
be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
[Added 11-18-2015 by L.L.
No. 9-2015]
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.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-15-002
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land, or 5,000 square
feet or more within the New York City east of Hudson Watershed.
[Amended 11-18-2015 by L.L. No. 9-2015]
SPECIAL CONDITION
(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)
Section 303(d)-listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d)-listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
(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 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, 2007, 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)
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges. Under this condition, the
municipality 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.
303(D) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. Section 303(d)-listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STABILIZED
That all soil disturbance activities have ceased and a uniform,
perennial vegetative cover with a minimum density of 80% over the
entire pervious surface has been established; or other equivalent
stabilization measures, such as permanent landscape mulches, rock
riprap or washed/crushed stone have been applied on all disturbed
areas that are not covered by permanent structures, concrete or pavement.
[Added 11-18-2015 by L.L.
No. 9-2015]
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 HOT SPOT
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 (SMO)
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices. In addition, the SMO enforces the prohibition of illicit
discharges, activities and connections to the separate storm sewer
system.
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 POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities, prepared in conformance
with this chapter, the SPDES General Permit for Construction Activities,
and applicable NYSDEC technical standards.
[Amended 11-18-2015 by L.L. No. 9-2015]
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.
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.
TRAINED CONTRACTOR
An employee from the contracting (construction) company that
has received four hours of NYSDEC-endorsed training in proper erosion
and sediment control principles. After receiving the initial training,
the trained contractor shall receive four hours of training every
three years. It can also mean an employee from the contracting (construction)
company that meets the qualified inspector qualifications as defined
herein.
[Added 11-18-2015 by L.L.
No. 9-2015]
WASTEWATER
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
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.