The terms used in this section and Chapter
117 or in documents prepared or reviewed under this section and Chapter
117 shall have the meaning as set forth in this section.
303(d)
Section 303(d)(1)(C) of the Clean Water Act and EPA's implementing regulations (40 CFR Part 130)
require states to identify those water bodies that do not meet water
quality standards after application of the technology-based effluent
limitations required by the Act. For these waters, states must consider
the development of strategies, including total maximum daily load
(TMDL) analysis, for reducing the pollutants that are causing the
water quality standards expedience in those water bodies.
AGRICULTURAL ACTIVITY OR OPERATIONS
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.
CPESC
Certified professional in erosion and sediment control.
CPSWQ
Certified professional in stormwater quality.
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.
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."
GRADING
Excavation, fill, or movement of material, including the
resulting conditions thereof, including surface or subsurface conditions
of land, lakes, ponds or watercourses.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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, 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 or land less than one acre which is upstream of environmentally
sensitive areas such as state-jurisdiction wetlands, municipal recreation
facilities, NYSDEC-regulated streams with classification A, B, or
CT or other areas as determined by the Stormwater Management Officer.
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
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.
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 Department endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component 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. All components of the SWPPP that involve the practice
of engineering, as defined by the NYS Education Law (see Article 45),
shall be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Coldwater 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
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, using the most
current form of such permit.
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
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.
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.
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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
A calculation of the maximum amount of a pollutant that a
water body can receive and still meet water quality standards, and
an allocation of that amount to the pollutant's sources. A TMDL
specifies the allowable pollutant loading from all contributing sources
(e.g., point sources, nonpoint sources, and natural background) at
a level necessary to attain the applicable water quality standards
with seasonal variations and a margin of safety that takes into account
any lack of knowledge concerning the relationship between the sources
of the pollutant and water quality. In essence, a TMDL defines the
assimilative capacity of the water body to absorb a pollutant and
still meet water quality standards.
TRAINED CONTRACTOR
An employee from the contracting (construction) company,
identified in Part III.A.6., that has received four hours of Department-endorsed training
in proper erosion and sediment control principles from a soil and
water conservation district or other Department-endorsed entity. 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, identified in Part III.A.6.,
that meets the qualified inspector qualifications (e.g., licensed
professional engineer, certified professional in erosion and sediment
control (CPESC), registered landscape architect, or someone working
under the direct supervision of, and at the same company as, the licensed
professional engineer or registered landscape architect, provided
they have received four hours of Department-endorsed training in proper
erosion and sediment control principles from a soil and water conservation
district, or other Department-endorsed entity). The trained contractor
is responsible for the day-to-day implementation of the SWPPP.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
conduit, culvert, drainageway, gully, ravine or wash in which water
flows in a definite direction or course, either continuously or intermittently,
and which has a definite channel, bed and banks, and any area adjacent
thereto subject to inundation by reason of overflow, flood or stormwater.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
All nonexempt land development activities shall be subject to
the following performance and design criteria:
A. Technical standards. For the purpose of this section, Chapter
117, and Chapter
199, 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 section, Chapter
117 and Chapter
199:
(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 Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2015, 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 and the SWPPP shall be prepared by a licensed professional.
C. Water quality standards. Any land development activity shall be in
compliance with the stormwater law, and shall not have any turbid
waters leaving the site.
The Town of Mamakating may require any person undertaking land development activities regulated by this chapter, Chapter
117 and/or Chapter
199 to pay reasonable costs at prevailing rates for review of SWPPs, inspections, or SMP maintenance performed by the Town of Mamakating or performed by a third party for the Town of Mamakating.