Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms will have meanings set forth below:
303(d) LISTA 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 New York State DEC as required by Section 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.
AGRICULTURAL ACTIVITYThe 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.
APPLICANTAny individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, filing an application for a land development activity subject to the provisions of this chapter.
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.
BUILDINGThe term "building" as defined in §
151-3 of the Village Code now or as hereafter amended.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
CLEARINGAny activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITYActivities requiring authorization under the SPDES Permit for Stormwater Discharges From Construction Activity, GP-02-01, as amended or revised. These activities include construction projects resulting from land disturbances of one or more acres. Such activities include but are not limited to clearing, grubbing, grading, excavating and demolition.
DEDICATIONThe deliberate conveyance of property by its owner for general public use.
DEPARTMENTThe New York State Department of Environmental Conservation.
DESIGN MANUALThe 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 or any superseding publication issued by the New York State Department of Environmental Conservation.
DEVELOPERA person who undertakes land development activities.
EPAUnited States Environmental Protection Agency.
EROSION CONTROL MANUALThe most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book," or any superseding publication issued by the New York State Department of Environmental Conservation.
GRADINGExcavation or fill of material, including the resulting conditions thereof.
HAZARDOUS MATERIALSAny 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 DISCHARGEAny direct or indirect nonstormwater discharge to the MS4, except as exempted in §
131-16B of this chapter.
ILLICIT CONNECTIONSAny drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including but not limited to:
A. Any conveyances which allow any nonstormwater discharge, including but not limited to 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.
IMPERVIOUS COVERThose surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL ACTIVITYActivities requiring the SPDES Permit for Discharges From Industrial Activities Except Construction, GP-98-03, as amended or revised.
INDUSTRIAL STORMWATER PERMITA 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.
INFILTRATIONThe process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITYAny construction or demolition activity including clearing, grubbing, 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 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.
LANDOWNERThe 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 AGREEMENTA legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MS4Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEMA 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 Wappingers Falls;
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.
NONPOINT SOURCE POLLUTIONPollution 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.
NYSDECThe New York State Department of Environmental Conservation.
PERSONAny individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
PHASINGClearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANTDredged 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.
PREMISESAny building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking areas.
POLLUTANT OF CONCERNSediment 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.
RECHARGEThe replenishment of underground water reserves.
SILVICULTURALOf or relating to the management and care of forests.
SPECIAL CONDITIONSA. Discharge compliance with water quality standards: the condition that applies where the Village has been notified by the NYSDEC or the EPA 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 Village 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 Village'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. Total maximum daily load (TMDL) strategy: the condition in the Village'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, 2003, the Village 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 Village'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 Village 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 Village 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.
STABILIZATIONThe use of practices that prevent exposed soil from eroding.
STOP-WORK ORDERAn order issued by the duly authorized municipal authority which requires that all land development activity and other construction activity on a site be stopped.
STORMWATERRainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOTA 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 MANAGEMENTThe 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 FACILITYOne or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)The Village of Wappingers Falls Director of Code Enforcement. As provided for in this chapter, the Director of Code Enforcement may delegate his or her powers and duties to Code Enforcement Officers of the Village and may retain professional consultants to assist in the administration and enforcement of this chapter.
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 YORKLakes, 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)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.
VILLAGEThe Village of Wappingers Falls, New York.
WASTEWATERWater that is not stormwater, is contaminated with pollutants, and is or will be discarded.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.