§ 86-6. Stormwater pollution prevention plans., Chapter 86. Stormwater Management and Erosion Control, Land Use Legislation, Code of Ordinances, Brookhaven

Stormwater pollution prevention plan requirements.

(1)

Consistent with the New York Standards and Specifications for Erosion and Sediment Control (i.e., Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP that includes post-construction stormwater management practices.

(2)

No application for approval of a land development activity shall receive final approval until the Stormwater Management Officer has received, reviewed and approved a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.

(3)

Each application for approval of a land development activity shall be accompanied by a filing fee.

Contents of stormwater pollution prevention plans.

(1)

All SWPPPs shall provide, at the minimum, the following information:

(a)

Background information about the scope of the project, including location, type and size of project;

(b)

The name(s), address(es), telephone and fax number(s) of the applicant, developer, and/or property owner, and the principal contact person of the retained consulting firm responsible for monitoring daily compliance in accordance with the provisions of this chapter;

(c)

Site map/construction drawing(s) for the project, including a general location map at a scale not less than one inch equals 2,000 feet. The site map shall be at a scale no smaller than one inch equals 50 feet. At a minimum, the site map should 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);

(d)

Description of the soil(s) present at the site;

(e)

Construction phasing plans 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. Preparation and installation of erosion control measures must be the first item listed in the sequence of construction activities.

(f)

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;

(g)

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;

(h)

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;

(i)

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(j)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(k)

Temporary practices that will be converted to permanent control measures;

(l)

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;

(m)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(n)

Name(s) of the receiving water(s);

(o)

Delineation of SWPPP implementation responsibilities for each part of the site;

(p)

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;

(q)

Any existing data that describes the stormwater runoff at the site.

(2)

All SWPPPs shall document the "Five Step Process" as required by the Design Manual. The five-step process includes:

(a)

Site planning;

(b)

Water quality volume determination;

(c)

The application of green infrastructure practices and standard stormwater management practices with runoff reduction volume capacity;

(d)

The application of standard stormwater management practices to address the remaining water quality volume, if applicable; and

(e)

The application of volume and peak rate control.

(3)

Land development activities as defined in this chapter, and within one of the classifications, Condition A, B, C or D as set forth below, shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth below as applicable:

(a)

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.

(b)

Condition B: stormwater runoff from land development activities disturbing five or more acres.

(c)

Condition C: stormwater runoff from land development activities disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and agricultural activities on properties with existing agricultural use.

(d)

Condition D: stormwater runoff from land development activities located immediately adjacent to surface waters.

(4)

SWPPP requirements for Conditions A, B, C and D:

(a)

All information in § 86-6 of this chapter;

(b)

Description of each post-construction stormwater management practice;

(c)

Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;

(d)

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

(e)

Comparison of post-development stormwater runoff conditions with predevelopment conditions;

(f)

Dimensions, material specifications and installation details for each post-construction stormwater management practice;

(g)

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;

(h)

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; and

(i)

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with this chapter.

Plan certification. For land development activities within the classification of Condition A, B, C and/or D, the SWPPP shall be prepared by a New York State registered landscape architect (RLA), a certified professional in sediment and erosion control (CPESC) or a professional engineer (PE) licensed in the State of New York, and must be signed by the professional preparing the SWPPP, which professional shall certify that the design of all stormwater management practices complies with the requirements set forth in this chapter. All SWPPS must include the following preparer certification statement:

"I certify that this document and all attachments were prepared under my direction and supervision in accordance with SPDES General Permit GP-0-10-001. Qualified personnel performed due diligence in gathering and evaluating the information contained in this SWPPP. Based on my design and inquiry of the owners and/or sponsors of the project, the information contained in this SWPPP is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

Other environmental permits. The applicant shall be required to obtain all applicable local, state, and federal environmental permits prior to approval of the SWPPP.

Contractor certification.

(1)

Each contractor and subcontractor identified in the SWPPP involved in soil disturbance and/or stormwater management practice installation shall provide 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 further acknowledge that the failure to comply with the terms and conditions of the SWPPP is a violation of Chapter 86, which may result in enforcement proceedings and/or the assessment of penalties. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.

(2)

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 certification date.

(3)

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.

NYSDEC notice of intent (NOI) and the MS4 SWPPP acceptance form must be submitted to NYSDEC prior to construction. No construction activity may begin until proof of submission to NYSDEC has been received by the Stormwater Management Officer.

Request for a SWPPP conditional release.

(1)

Request for a conditional release from SWPPP must be made in writing to the Stormwater Management Officer.

(2)

Written request for a SWPPP conditional release must be prepared and certified by a landscape architect, certified professional in sediment and erosion control, or a professional engineer licensed in the State of New York.

(3)

Written request for a SWPPP conditional release must provide the following information:

(a)

Background information about the scope of the project, including location, type and size of project;

(b)

The name(s), address(es), telephone, email address, and fax number(s) of the applicant, developer, and/or property owner, and the principal contact person of the retained consulting firm responsible for monitoring daily compliance in accordance with the provisions of this chapter;

(c)

(d)

Description of the soil(s) present at the site identified by the most current version of the Suffolk County Soil Survey map and/or test boring.

(4)

Documentation in support of a conditional release must provide evidence to support the theory that runoff from the project site cannot, by any means, discharge to waters of the state as defined in this chapter, or an MS4 system that discharges to waters of the state, and shall include:

(a)

Project design plans;

(b)

Aerial photos of the project area;

(c)

Dated site photos, taken within one month of the conditional release request;

(d)

Relief maps made from 2007 (or newer) LIDAR digital terrain modeling, or the like;

(e)

Existing road plans and profiles, if available; and

(f)

The results of infiltration testing completed in accordance with Design Manual guidelines.