[Adopted 12-18-2007 by L.L. No. 44-2007 (Ch. 110 of the 1976
Code)]
It has been 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 waterborne
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. Lack of or improper design and/or 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 state;
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 nonpoint source pollution, erosion and sedimentation from development.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meanings as set forth in this section:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, the raising, shearing, feeding and management of animals,
irrigating crops, harvesting crops, using land for growing agricultural
products, including but not limited to fruits, vegetables, eggs, dairy
products, meat and meat 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.
[Amended 12-16-2008 by L.L. No. 49-2008]
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development or redevelopment 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.
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, which serves as the
official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EPA
Environmental Protection Agency.
EROSION
The removal of soil particles by the action of water, wind,
ice or other geological agents.
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, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT/REDEVELOPMENT 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 or redevelopment activities may take place at different
times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering in New
York State (PE) or a Certified Professional in Erosion and Sediment
Control (CPESC), or a Certified Professional in Stormwater Quality
(CPSWQ).
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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:
A.
Owned or operated by the Town or another municipal entity;
B.
Designed or used for collecting and/or conveying and/or storing
and/or infiltrating and/or managing 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.
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.
NYSDEC
New York State Department of Environmental Conservation.
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.
PROJECT
Land development or redevelopment activity.
RECHARGE
The replenishment of underground water reserves.
SILVICULTURAL ACTIVITY
The activity related to the establishment, growth, composition
and quality of forest vegetation.
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; or surface runoff and/or subsurface drainage due
to rain, snow, or other precipitation or a combination thereof.
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)
The Town Engineer of the Town of Riverhead (or the person
serving in the capacity of the Town Engineer) or designee or his/her
authorized deputies, agents or representatives, including employees
of other Town departments as appropriate. The SMO is designated by
the Town to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
[Amended 12-16-2008 by L.L. No. 49-2008]
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)
SWPPPs formalize the design of stormwater management measures
for each site. The SWPPP has two parts: an erosion and sediment control
plan and a post-construction stormwater control plan. The erosion
and sediment control plan, required for all regulated construction
activities, lays out the nature, placement and capacity of runoff
control measures to be used during construction. Where permanent measures
are necessary to manage stormwater runoff after construction is completed,
a post-construction stormwater control plan is also required, setting
forth engineering details, construction schedules and responsibility
for ongoing operation and maintenance of permanent stormwater management
measures.
STREAM CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water (see
also "watercourse," "waterway").
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.
TOWN
The Town of Riverhead.
TOWN ENGINEER
The Town Engineer of the Town of Riverhead, or his/her authorized
deputies, agents, or representatives.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water
(see also "stream channel," "waterway").
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain (see also "stream channel," "watercourse").
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."
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 the Town and to address the findings of fact in §
275-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of New York State's
SPDES General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or
revised;
B. Require land development and redevelopment 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 and
redevelopment activities in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and maintain the integrity
of stream channels, watercourses, and waterways;
D. Minimize increases in nonpoint source pollution caused by stormwater
runoff from land development and redevelopment 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 and redevelopment
to the maximum extent practicable; and
F. Utilize stormwater management practices to achieve the objectives
outlined above, and ensure that these 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 less 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 receiving
the written approval of the Stormwater Management Officer.
E. Any part of a subdivision if a plat for the subdivision has been
approved by the Town on or before the effective date of this article.
F. Land development or redevelopment 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, vegetables 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.
All land development or redevelopment 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 State Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2005, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection
A of this section, and the SWPPP shall be prepared by a licensed professional.
C. Water quality standards. Any land development or redevelopment 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.
[Amended 12-30-2008 by L.L. No. 53-2008; 11-7-2012 by L.L. No.
31-2012]
The Town shall require any person or entity undertaking land
development or redevelopment activities regulated by this article
to pay reasonable costs at prevailing rates for review of stormwater
pollution prevention plans (SWPPPs) and inspections, or stormwater
management practice (SMPs) performed by the Town or performed by a
third party at the direction of the Town.
A. The following fees shall be required in connection with the submission
of a stormwater pollution prevention plan (SWPPP):
(1) Stormwater pollution prevention plan (SWPPP) review/inspection fees:
[Amended 10-6-2020 by L.L. No. 5-2020]
(b) Erosion and sediment control plan (ESCP): $3,500.
(2) Review and inspection fees:
(a)
SWPPP review fees: maximum of $175 per hour upon initial review,
and all subsequent reviews, if necessary, as performed by Town's retained
consultant.
(b)
SWPPP site inspection fees: $130 per hour upon inspection by
Town's retained consultant.
[Amended 12-20-2022 by L.L. No. 25-2022]
(c)
The fees referenced in Subsection
A(2) shall become nonrefundable upon SWPPP review and/or SWPPP site inspection(s).
(3) All fees delineated in Subsection
A(1) and
(2) above shall be deposited in the Town of Riverhead's escrow account entitled "Engineering Department: Stormwater Pollution Prevention Plan Review and Inspection," as addressed in Subsection
B below.
(4) In the event subsequent SWPPP review and/or subsequent site inspection is required, the Town shall defray the cost of such expense from replenishment of the escrow account as addressed in Subsection
B below.
(5) All fees and deposits delineated in Subsection
A(1) and
(2) above shall be solely used to defray the cost and expense of SWPPP review, site inspection and related activities.
(6) The Town shall provide an accounting of costs and expenses incurred
by the Town and/or Town consultants on an annual basis. The Town shall
also provide a final accounting at such time that the Town deems the
project complete.
B. Escrow accounts.
(1) An escrow account entitled "Engineering Department: Stormwater Pollution Prevention Plan Review and Inspection" shall be established within the Department of Finance regarding the applications addressed in Subsection
A(1) and
(2) above. The applicant(s) shall fund said escrow account.
(2) Withdrawals from said escrow account may be made from time to time
to reimburse the Town for the cost of its Town personnel, including
but not limited to legal consultation, review and consideration, and/or
consultant's professional review and inspection services actually
incurred at prevailing rates of pay for such Town personnel or consultant's
services. Whenever the balance in such escrow account is reduced to
1/4 of its initial amount, the Town shall so notify the applicant;
thereafter, the applicant shall deposit additional funds into such
account so as to restore its balance to 1/2 of the initial deposit.
If such account is not replenished for such additional deposit, the
reviewing and/or inspecting party may suspend the review of the application
or inspection of the construction until such time that the above-stated
conditions are met.
(3) After all pertinent review and inspection fees with respect to the
particular application for which the account was established have
been paid, the Town shall refund to the applicant the balance of any
funds then remaining on deposit in the escrow account, without interest,
as established by this section.
[Adopted 12-18-2007 by L.L. No. 45-2007 (Ch. 109, Art. I,
of the 1976 Code)]
The purpose of this article is to provide for the health, safety
and general welfare of the residents of the Town of Riverhead through
the regulation of connections to the Town'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 article 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)
State Pollutant Discharge Elimination System (SPDES) General Permit
(GP-02-02) 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 unauthorized and illicit connections, activities and
discharges to the MS4;
D. To establish legal authority to implement 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 educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CODE
Code of the Town of Riverhead, New York.
CONNECTION PERMIT
An authorization for connection as well as a discharge permitted under §
275-24 of this article, as well as a discharge authorized 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 SMO. 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.
CONSTRUCTION ACTIVITY
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 Town. 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 Town, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
GENERAL PERMIT
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per §
275-17A of this article) from properties occupied by private dwellings.
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 ACTIVITY
Any action or condition, active or passive, that results
in nonstormwater discharges entering the Town's MS4.
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:
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;
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;
C.
Any building or structure floor drain or trench drain; and
D.
Any unauthorized connection as defined elsewhere in this section.
ILLICIT DISCHARGE
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
275-17 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 owned by the Town or
another municipal entity.
MUNICIPALITY
A county, town, village or other unit of government.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
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:
A.
Owned or operated by the Town or another municipal entity;
B.
Designed or used for collecting and/or conveying and/or storing
and/or infiltrating and/or managing stormwater; and
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.
NYSDEC
The New York State Department of Environmental Conservation.
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
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
the 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.
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 an MS4 has been notified that the discharge of
stormwater authorized under their 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.
B.
Federal Clean Water Act § 303(d)-listed waters: the
condition in an MS4 SPDES permit that applies where the MS4 discharges
to a 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.
C.
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 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.
D.
The condition in an 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 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 TMDL's approval, modify its
stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
SPECIAL PERMIT
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per §
275-17 of this article) from all properties occupied by other than private dwellings.
STATE
The State of New York.
STORMWATER
Rainwater; or surface runoff and/or subsurface drainage due
to rain, snow, or other precipitation or a combination thereof.
STORMWATER MANAGEMENT OFFICER (SMO)
The Town Engineer of the Town of Riverhead (or the person
serving in the capacity of the Town Engineer) or his/her authorized
deputies, agents or representatives, including employees of other
Town departments, as appropriate.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
SWPPPs formalize the design of stormwater management measures
for each site. The SWPPP has two parts: an erosion and sediment control
plan and a post-construction stormwater control plan. The erosion
and sediment control plan, required for all regulated construction
activities, lays out the nature, placement and capacity of runoff
control measures to be used during construction. Where permanent measures
are necessary to manage stormwater runoff after construction is completed,
a post-construction stormwater control plan is also required, setting
forth engineering details, construction schedules and responsibility
for ongoing operation and maintenance of permanent stormwater management
measures.
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 NYSDEC
as required by § 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 allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
TOWN
The Town of Riverhead.
TOWN ENGINEER
The Town Engineer of the Town of Riverhead, or his/her authorized
deputies, agents, or representatives.
UNAUTHORIZED CONNECTION
A permanent or temporary unapproved direct or indirect conveyance
to the Town's MS4. Any connection, pipe, hose, swale, or other conveyance
underground or above ground that is not documented on plans, maps,
or equivalent records approved by the Town Engineer or other jurisdictionally
appropriate agency, or that is not approved by a permit issued by
the Town Engineer or other jurisdictionally appropriate agency, is
considered unauthorized, regardless of whether the discharge is otherwise
allowed by this article.
UNCONTAMINATED
Free of pollutants or containing pollutants within acceptable
limits as defined by the governing regulatory code. (See definition
of "pollutant.")
WASTEWATER
Water that is not stormwater, and that is adversely affected
in quality by anthropogenic influence. This includes but is not limited
to discharges resulting from residential, commercial, industrial,
and agricultural water usage.
This article shall apply to discharged connections to the Town's
MS4. This includes activities that result in discharge, seepage or
deposition into the Town'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 jurisdictionally
appropriate agency. This article shall also apply to discharges and
connections entering via another MS4 that is tributary to the Town's
MS4.
The Town Engineer of the Town of Riverhead, or duly authorized
deputies, agents or representatives, is designated as the Stormwater
Management Officer (SMO). The Town Engineer, duly authorized deputies,
agents or representatives or employees of other Riverhead Town departments,
as appropriate, shall administer, implement, and enforce the provisions
of this article.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the Town'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 the Town's MS4.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any components 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 SMO 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 illicit discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the recovery, 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 SMO 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 SMO 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 by the owner for at least three years.
Any person receiving a notice of violation may appeal within
15 calendar days of its issuance. The SMO shall hear the appeal within
30 days after the filing of the appeal and, within five days of making
his/her decision, issue a decision by certified mail to the discharger.
The SMO may conduct the hearing and take evidence or may designate
any officer or employee of the Town to do so.
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.
In the event that a discharge or connection constitutes a violation
that is the responsibility of multiple MS4s, the violator may be subject
to enforcement pursuant to any/all of the responsible MS4s' illicit
discharge code or other relevant rules and regulations.