[Adopted 3-15-2006 by L.L. No. 5-2006]
The purpose of this article is to provide for the health, safety, and
general welfare of the citizens of the Village of West Haverstraw through
the regulation of non-stormwater discharges into the municipal separate storm
sewer system (MS4) to the maximum extent practicable as required by federal
and New York 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 for MS4s, Permit No. GP-02-02, as amended or revised;
B. To regulate the contribution of pollutants to the MS4,
which systems are not designed to accept, process or discharge non-stormwater
wastes;
C. To prohibit illicit connections, activities and discharges
to the MS4;
D. To establish the legal authority to carry out 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 storage and/or discharge of trash, yard waste, lawn chemicals,
pet waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control materials,
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 the meanings set forth below:
BMPs (BEST MANAGEMENT PRACTICES)
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 into 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.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity, GP-02-01, as amended or revised, and
any land disturbance requiring a municipal, New York State, or federal permit.
These activities include construction projects resulting in land disturbance.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
DISCHARGER
Any person who owns or is in control of real or personal property
that discharges, directly or indirectly, any material into the MS4.
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 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 non-stormwater 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
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 non-stormwater discharge to the MS4, except as exempted in §
202-5 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility including septics, cesspools and similar facilities 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 ground waters 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 Chapter.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
MS4
Municipal separate stormwater sewer system.
MUNICIPAL SEPARATE STORMWATER 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):
A.
Owned or operated by the Village of West Haverstraw;
B.
Designed or used for collecting or conveying 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.
NON-STORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
This includes any pollutants, as well as but not limited to trash, yard waste,
or pet waste.
NYS DEC
The New York State Department of Environmental Conservation.
PERSON
Any individual, association, organization, partnership, firm, corporation
or other entity owning the property or having control of the property.
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, soil and industrial, municipal, agricultural waste and ballast
discharged into water or any substance which may cause or might reasonably
be expected to cause pollution of the waters of the state in contravention
of the standards.
PROPERTY
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips and all chattels
thereon.
SPECIAL CONDITIONS
A.
Discharge Compliance with Water Quality Standards. The condition that
applies where a municipality has been notified by NYS DEC that the discharge
of stormwater authorized under their 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.
B.
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.
C.
TMDL (Total Maximum Daily Load) 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.
D.
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, snowmelt, drainage and uncontaminated groundwater.
SMO (STORMWATER MANAGEMENT OFFICER)
An employee, the municipal engineer or other public official(s) designated
by the Village of West Haverstraw to enforce this local chapter. The SMO 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 and designate certain responsibilities
pursuant to this local chapter to other employees or agents of the municipality.
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 NYS DEC 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.
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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)] shall administer, implement,
and enforce the provisions 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 a system 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 that can reasonably
be attributed to the individual sewage treatment system.
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 shall be required by the municipality in a form
acceptable to the NYS DEC prior to the allowing of discharges to the MS4.
Notwithstanding other requirements of chapter, as soon as any person
responsible for a property or operation, or responsible for emergency response
for a property 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 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, the municipality, and the responsible MS4 of the occurrence
via emergency dispatch services. In the event of a release of non-hazardous
materials, said person shall notify the municipality and responsible MS4 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 municipality 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, or
such greater period as may be required under an applicable records retention
policy.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village Board of Trustees within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the appeal.
The Village Board shall determine the appeal within 30 days, which decision
shall be filed within five days in the office of the Village Clerk and a copy
thereof mailed by certified mail to the person who filed the appeal.
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 shall be deemed a threat to public health, safety, and welfare,
and is declared and deemed to be 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.
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.
This article shall be effective upon filing with the Secretary of State.
All prior chapters and parts of other chapters in conflict with this article
are hereby repealed.
[Adopted 10-3-2007 by L.L. No. 7-2007]
It is hereby 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 deposit;
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. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation;
E. Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream base flow;
F. Substantial economic losses can result from the adverse
impacts on the waters of the municipality and adjoining municipalities;
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 erosion
and sedimentation from development.
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 and to address the findings of fact set forth in §
202-21 above. This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s);
B. Require land development activities to conform to the
substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES) General
Permit for Construction Activities GP-02-01;
C. 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;
D. Minimize increases in pollution caused by stormwater
runoff from land development 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 to the
maximum extent practicable;
F. Reduce stormwater runoff rates and volumes, 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.
This article shall apply to all land development activities as defined in §
202-25 herein.
The following activities are exempt from the requirements of this article:
A. Agricultural activity as defined in §
202-25 herein;
B. 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 the facility;
C. Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer;
D. Any part of a subdivision if a plat of the subdivision
has been approved by the Village of West Haverstraw on or before the effective
date of this article;
E. Land development activities for which a building permit
has been approved on or before the effective date of this article;
G. Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
H. Emergency activity immediately necessary to protect life,
property or natural resources as determined by the Stormwater Management Officer;
I. Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his/her family;
J. Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents prepared or reviewed
pursuant to this article shall have the following meanings:
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.
CHANNEL
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
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.
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."
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.
LAND DEVELOPMENT ACTIVITY
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).
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
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.
NYSDEC
The New York State Department of Environmental Conservation.
POLLUTANT OF CONCERN
Sediment 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 Certified Professional in Erosion and Sediment Control (CPESC),
professional engineer (PE), registered landscape architect and/or soil scientist.
RECHARGE
The replenishment of underground water reserves.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use 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 OFFICER
An employee, officer or agent 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.
WATERCOURSE
Any permanent or intermittent natural or artificial stream, river,
creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, or
ravine, in and including any area adjacent thereto, in which water normally
flows.
WETLANDS
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
"hydrophytic vegetation."
No application for approval of a land development activity shall be
reviewed until the West Haverstraw Planning Board or the Building Inspector,
as the case may be, has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the requirements of this article. All SWPPPs shall
contain the following:
A. Background information about the scope of the project,
including location, type and size of project;
B. Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site plan should show the total
site area; all improvements with dimensions; areas of proposed 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 or equipment storage areas; and locations of the stormwater
discharges. The site map shall be at a scale no smaller than one inch equals
100 feet;
C. Description of the soils present at the site;
D. 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;
E. 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;
F. Description of all 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;
G. 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
closeout;
H. A site map/construction drawing(s) specifying the location,
size and length of each erosion and sediment control practice;
I. Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
J. Temporary practices that will be converted to permanent
control measures;
K. 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;
L. Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
M. Name(s) of the receiving water(s);
N. Delineation of SWPPP implementation responsibilities
for each part of the site;
O. 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;
P. Any existing data that describes the stormwater runoff
at the site;
Q. A statement that all other applicable permits have been
or will be acquired for the land development activity prior to approval of
the final stormwater design plan.
All land development activities shall be subject to the following performance
and design criteria:
A. Stormwater management practices that are designed and
constructed in accordance with the following technical documents shall be
presumed to meet the standards imposed by this article:
(1) The New York State Stormwater Design Manual (New York
State Department of Environmental Conservation, most current version or its
successor, hereinafter 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, 2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B. Where stormwater managements are not in accordance with the above technical standards, the applicant or developer shall demonstrate equivalence to the technical standards set forth in Subsection
A above, and the SWPPP shall be prepared by a licensed professional.
C. 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 (NYCRR Part 703.2).
No certificate of occupancy shall be issued for any building or structure
in connection with any land development activity that is subject to this article
unless the SMO has certified that the work has been installed or conducted
in compliance with this article.
The Village of West Haverstraw may require any person undertaking land
development activities regulated by this article to pay the costs for review
of SWPPPs, inspections, or SMP maintenance performed by Village officers or
employees or performed by a third party for the Village. The Village shall
determine the amount to be paid by the said person into an escrow account
to be held by the Village. The cost incurred by the Village shall be reimbursed
from the escrow account. The escrow account shall be replenished by the person
undertaking the land development activity on an as needed basis.