§ 156-81. Stormwater pollution prevention plans.

A. 

Stormwater pollution prevention plan requirement. No application for approval of a land development activity, except exempt activities, shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.

B. 

Contents of stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:

(1) 

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

(2) 

Site map/construction drawing(s) for the project, including a general location map. 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 discharges(s); site map should be at a scale no smaller than one inch equals 100 feet;

(3) 

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

(4) 

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;

(5) 

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;

(6) 

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;

(7) 

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;

(8) 

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

(9) 

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

(10) 

Temporary practices that will be converted to permanent control measures;

(11) 

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;

(12) 

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

(13) 

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

(14) 

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

(15) 

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; and

(16) 

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

C. 

Land development activities, as defined in § 156-80 of this article, meeting Condition One, Two or Three below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D below as applicable:

(1) 

Condition One: 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.

(2) 

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

(3) 

Condition Three: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

D. 

SWPPP requirements for Condition One, Two and Three of Subsection C are as follows:

(1) 

All information in § 156-81B of this chapter;

(2) 

Description of each postconstruction stormwater management practice;

(3) 

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

(4) 

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

(5) 

Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;

(6) 

Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

(7) 

Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;

(8) 

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;

(9) 

Inspection and maintenance agreement binding on all subsequent landowners served by the on site stormwater management measures in accordance with § 156-85 hereinafter;

(10) 

For Condition One, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this article.

E. 

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

F. 

Contractor certification.

(1) 

Each contractor and subcontractor identified in the SWPPP who will be involved in soil and/or stormwater management practice installation shall sign and date a copy of 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 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 date the certification is made.

(3) 

The certification statement(s) shall become part of the SWPPP for the land development activity.

G. 

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.