Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this Part 3.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and erosion and sediment controls:
Background information about the scope of the project, including location, type and size of project;
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map, which is to be at a scale of no less than one inch equals 100 feet, must show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity, existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas: and location(s) of the stormwater discharge(s);
Description of the soil(s) present at the site;
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
Description of construction and waste materials expected to be stored on-site, with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project close-out;
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name(s) of the receiving water(s);
Delineation of SWPPP implementation responsibilities for each part of the site;
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
Any existing data that describes the stormwater runoff at the site.
Land development activities as defined in § 300-3.6 of this Part 3 and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
Condition B: stormwater runoff from land development activities disturbing five or more acres.
Condition C: stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
SWPPP requirements for Conditions A, B and C:
Description of each post-construction stormwater management practice.
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
Comparison of post-development stormwater runoff conditions with pre-development conditions.
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this Part 3.
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
The certification statement(s) shall become part of the SWPPP for the land development activity.
A copy of the SWPPP shall be retained at the site of the land development activity during construction, from the date of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject to the following performance and design criteria:
For the purpose of this Part 3, 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 Part 3:
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").
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
The New York State technical guidance documents may be ordered from the Department. An order form as well as downloadable versions of the manuals are available on the internet at: http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html; http://www.dec.state.ny.us/website/dow/toolbox/swmanual/.
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 and the SWPPP shall be prepared by a licensed professional.
Water quality standards. No land development activity shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
Maintenance and inspection during construction.
The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this Part 3. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
For land development activities as defined in § 300-3.6 of this Part 3 and meeting Condition A, B or C in § 300-3.7B(2), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Lyons to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Part 3. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Lyons, and the costs of preparation and recording shall be borne by the applicant or developer.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this Part 3 shall ensure they are operated and maintained to achieve the goals of this Part 3. Proper operation and maintenance also includes, as a minimum, the following:
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this Part 3.
Written procedures for operation and maintenance and training of new maintenance personnel.
Maintenance agreements. The Town of Lyons shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this Part 3, entitled "Sample Stormwater Control Facility Maintenance Agreement." The Town of Lyons, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this Part 3 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance, consistent with the requirements of Articles VII, VIII and IX of this Part 3 shall be required. The SWPPP shall meet the performance and design criteria and standards in Article IX of this Part 3. The approved erosion control permit shall be consistent with the provisions of this Part 3.
Editor's Note: Schedule B is included as an attachment to this chapter.