Findings. The State of New York, pursuant to the Clean
Water Act (33 U.S.C. § 1251 et seq.), is authorized to adopt
and implement a State Pollutant Discharge Elimination System (SPDES)
permit program regulating the discharge of pollutants from new or
existing outlets or point sources into the waters of the State. The
New York State Legislature enacted Article 17, Title 8, of the Environmental
Conservation Law requiring a State Pollution Discharge Elimination
System (SPDES) permit prior to the discharge of any pollutants. Under
the Federal National Pollutant Discharge Elimination System (NPDES)
regulations, as administrated by New York State, municipalities are
required to obtain a permit for the discharge of stormwater. The Town
of Brookhaven in 2002 obtained a SPDES permit in connection with discharge
of stormwater as required pursuant to Environmental Conservation Law.
The SPDES permit requires that the Town enact a local law that complies
with federal and New York State guidelines for stormwater control,
which addresses the following findings of fact as determined by the
State and accepted by the Town of Brookhaven:
(1)
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 bank erosion, or sediment transport and deposition.
(2)
Stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat.
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
(8)
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 bank
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
(9)
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.
