A. Stormwater pollution prevention plan requirement. No application for approval of a land development activity subject to the requirements of this article shall be reviewed until the Development Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section.
B. Contents of a SWPPP. See
§ 106-140B for a detailed list.
C. Plan certification. The SWPPP shall be prepared by an individual with designation as certified professional erosion and sediment control (CPESC), RLA, or PE and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this article.
D. 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.
(1) Contractor certification.
(a) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance 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."
(b) 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.
(c) The certification statement(s) shall become part of the SWPPP for the land development activity.
(2) 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.
Maintenance and repair of stormwater facilities.
A. Maintenance during construction.
(1) The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspections and inspection reports must be completed in accordance with GP-0-10-001, or as amended or revised.
B. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes, as a minimum, the following:
(1) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenant structures) which are installed or used by the owner or operator to achieve the goals of this article;
(2) Written procedures for operation and maintenance and training new maintenance personnel; and
(3) Discharges from the SMPs shall not exceed design criteria.
C. Maintenance agreements. In such a case where the Village shall not be the owner of stormwater management facilities, the following shall apply: The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners.
Administration; inspections; recordkeeping.
A. Construction inspection.
(1) Erosion and sediment control inspection.
(a) The Director may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the SWPPP as approved. To obtain inspections, the applicant shall notify the Village-designated official at least 48 hours before any of the following, as required by the Director: see
§ 106-143A(1) for a list of requirements.
(b) If any violations are found, the applicant and developer shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Director.
(2) Stormwater management practice inspections. A qualified consultant (must be a PE, RLA, or CPESC) is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a PE or RLA.
(3) Inspection of stormwater facilities after project completion. In cases where the Village of Saranac Lake shall not be the owner of stormwater management facilities, the following shall apply:
(a) Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws.
(b) Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
(c) Inspections may be performed by local government staff, or the local government may designate an inspector required to be a PE, RLA, or CPESC.
(d) The designated inspector is required to submit a report of his or her findings to the local government.
B. Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purposes of this article.
C. Recordkeeping. The Village of Saranac Lake may require entities subject to this article to maintain records demonstrating compliance with this article.
