SubPart 128-3 - Regulated Activities

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.1 - Pathogenic materials

Section 128-3.1 Pathogenic materials.

Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of pathogenic materials into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this section that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.2 - Hazardous substances and hazardous wastes

128-3.2 Hazardous substances and hazardous wastes.
(a) Unless otherwise permitted by these rules and
regulations, a discharge, or storage which is reasonably likely to lead to
a discharge, of hazardous substances or hazardous wastes into the
environment (including into groundwater), and which is reasonably likely to
cause degradation of surface water quality or of the water supply, is
prohibited. It shall be an affirmative defense under this subsection that
such discharge, or storage likely to lead to a discharge, is either
permitted or not prohibited under federal law, and is either permitted or
not prohibited under state law.
(b) New storage facilities or new tanks at an existing
facility for the storage of hazardous substances regulated under 6 NYCRR
Part 596, and new process tanks, as defined in 6 NYCRR section
596.1(c)(35), which would be regulated under 6 NYCRR Part 596 if not for
the exemption of process tanks under 6 NYCRR section 596.1(b)(3)(i), are
prohibited within the limiting distance of 100 feet of a watercourse or
wetland, or within the limiting distance of 500 feet of a reservoir,
reservoir stem, or controlled lake, except as provided in subdivision (d)
of this section.
(c) The owner or operator of a new facility, or a new or
substantially modified tank at an existing facility, for the storage of
hazardous substances which is regulated under 6 NYCRR Part 596 and which is
located between the limiting distance of 100 and 250 feet of a watercourse
or wetland, must comply with the following conditions:
(1) The owner or operator shall submit to the Department a
copy of any registration forms required by 6 NYCRR sections 596.2(d) and
(e) and any notification forms required by 6 NYCRR section 596.2(f) at the
time such forms are submitted to the New York State Department of
Environmental Conservation. When, on an emergency basis, new storage tanks
are installed or existing storage tanks are substantially modified in order
to protect public health, safety or the environment, the owner or operator
shall notify the Department no later than two hours after the decision is
made by the owner or operator to install or substantially modify the tank.
(2) The owner or operator shall submit to the Department a
copy of any spill prevention report required to be prepared or updated by 6
NYCRR section 598.1(k), within thirty (30) days of preparing or updating
such report.
(3) Failure to comply with the provisions of 6 NYCRR
section 596.6 (spill response, investigation and corrective action) is a
violation of these rules and regulations.
(4) Failure to comply with 6 NYCRR Part 599 (Standards for
New or Modified Hazardous Substance Storage Facilities) is a violation of
these rules and regulations.
(d) Subdivision (b) of this section shall not apply to:
(1) The storage of any hazardous substance that is a
noncomplying regulated activity, including the replacement in kind of an
existing storage tank provided that the replacement tank is designed and
installed in compliance with Federal, State and local law. To the extent
practicable, the new tank shall be located outside of the limiting
distances of 100 feet of a watercourse or wetland, or outside of the
limiting distance of 500 feet of a reservoir, reservoir stem, or controlled
lake;
(2) The storage of hazardous substances where such storage
is necessary to operate a wastewater treatment plant approved by the
Department; and
(3) The storage of hazardous substances where such storage
is made necessary by construction of a new facility or the alteration or
modification of an existing facility used in connection with the operation
of a public water supply system.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.3 - Radioactive materials

128-3.3 Radioactive materials. Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of radioactive materials into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this section that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
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Section 128-3.4 - Petroleum products

128-3.4 Petroleum products.

(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of petroleum products into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.

(b) New aboveground and underground petroleum storage facilities, which require registration under 6 NYCRR Part 612, or new tanks which expand the capacity of existing facilities which require registration under 6 NYCRR Part 612, are prohibited within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake. Notwithstanding this prohibition, the expansion of an existing aboveground or underground petroleum storage facility shall be allowed within the aforesaid limiting distances provided that the owner or operator of such facility demonstrates to the Department that the application of the limiting distances would preclude the continuation of an existing business.

(c) New home heating oil tanks not requiring registration under 6 NYCRR Part 612, within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake are prohibited from being installed underground and shall be located either aboveground or contained in a basement with a concrete or other impervious floor.

(d) New aboveground and underground petroleum storage tanks of 185 gallons or more which are neither home heating oil tanks regulated under subdivision (c) of this section nor located at facilities requiring registration under 6 NYCRR Part 612, are prohibited within the limiting distance of 25 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake, except that such new tanks may be allowed within the aforesaid limiting distances provided that the applicant demonstrates to the Department that application of the limiting distances would preclude the continuation of an existing business or the continued identical use of the existing facility.

(e) Subdivisions (b), (c), and (d) shall not apply to: (1) The storage of any petroleum products that is a noncomplying regulated activity; (2) The storage of petroleum products for agricultural purposes; (3) The replacement in kind of existing petroleum storage facilities or tanks; (4) The storage of petroleum products where such storage is necessary to operate a wastewater treatment plant approved by the Department; and (5) The storage of petroleum products where such storage is made necessary by construction of a new facility or the alteration or modification of an existing facility used in connection with the operation of a public water supply system.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-3.5 - Human excreta

128-3.5 Human excreta.

(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of human excreta into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.

(b) Emptying, discharging or transferring the contents of a sewage vault or other sewage receptacle into any watercourse, wetland, reservoir, reservoir stem, or controlled lake is prohibited.

(c) Transportable sewage receptacles shall have tightly fitting covers which shall be securely fastened during transport.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.6 - Wastewater treatment plants

128-3.6 Wastewater treatment plants.
(a) Minimum requirements:
(1) Unless otherwise permitted by these rules and
regulations, the design, construction, or operation of a wastewater
treatment plant is prohibited where such design, construction, or operation
causes a discharge, or storage which is reasonably likely to lead to a
discharge, of sewage or sewage effluent into the environment (including
into groundwater), and which is reasonably likely to cause degradation of
surface water quality or of the water supply. It shall be an affirmative
defense under this subsection that such discharge, or storage likely to
lead to a discharge, is either permitted or not prohibited under federal
law, and is either permitted or not prohibited under state law.
(2) The design of new wastewater treatment plants, and the
plans and specifications resulting from that design, require the review and
approval of the Department. The construction of new wastewater treatment
plants shall be in conformance with the plans and specifications approved
by the Department.
(3) The design for an expansion or an alteration or
modification of new or existing wastewater treatment plants, and the plans
and specifications resulting from that design, require the review and
approval of the Department. The construction of the expansion or
alteration or modification shall be in accordance with the plans and
specifications approved by the Department.
(4) The owner or operator of a new or existing wastewater
treatment plant shall operate and maintain the wastewater treatment plant
in accordance with the operations and maintenance manual for the plant.
Such manual shall be prepared by the owner and approved by the Department.
(5) No new wastewater treatment plants with a surface
discharge, or expansion or alteration or modification of new or existing
wastewater treatment plants, shall cause a contravention of the water
quality standards set forth in Subpart 128-4 of these rules and regulations
or the phosphorus water quality values set forth in the New York State
Department of Environmental Conservation Technical and Operational Guidance
Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values
(October 22, 1993).
(6) No part of any seepage unit or absorption field for a
subsurface discharge from a wastewater treatment plant shall be located
within the limiting distance of 100 feet of a watercourse or wetland or
within the limiting distance of 500 feet of a reservoir, reservoir stem, or
controlled lake.
(7) Wastewater treatment plants with surface discharges
into the watershed shall be capable of achieving 99.9 percent removal
and/or inactivation of Giardia lamblia cysts and 99.99 percent removal
and/or inactivation of enteric viruses.
(8) Wastewater treatment plants with either surface or
subsurface discharges within the watershed shall provide phosphorus removal
using the best treatment technology so that the wastewater treatment plant
is designed to be operated and maintained to meet the following
requirements:

SPDES Permitted Total
Total Flow Phosphorus Limit
(gallons/day) (mg/l)

<50,000 1.0
>50,000 and <500,000 0.5
>500,000 0.2

(9) Wastewater treatment plants with surface discharges to
intermittent streams in the watershed shall be operated and maintained to
meet the intermittent stream effluent limits set forth in the New York
State Department of Environmental Conservation Technical and Operational
Guidance Series (TOGS) 1.3.1, Total Maximum Daily Loads and Water
Quality-Based Effluent Limits (July 8, 1996) and New York State Department
of Environmental Conservation Technical and Operational Guidance Series
(TOGS) 1.3.1B, Total Maximum Daily Loads and Water Quality-Based Effluent
Limits, Amendments-Low and Intermittent Stream Standards (July 8, 1996),
provided however, that the effluent limit for a discharge of a pollutant to
an intermittent stream shall in no case be less stringent than the effluent
limit which would apply to the same discharge of the pollutant to the first
downstream perennial stream.
(10) Within one year of the effective date of these rules
and regulations, the owners of all existing wastewater treatment plants
shall submit to the Department for review and approval an operations and
maintenance plan and a schedule setting forth a plan for bringing the
wastewater treatment plant into compliance with all of the requirements of
this section. Any such plan that is disapproved by the Department shall be
revised and resubmitted to the Department for review and approval within
ninety (90) days after the initial disapproval. Owners of existing
wastewater treatment plants must secure final Department approval of such
operation and maintenance plans and such a schedule setting forth a plan
for bringing the plant into compliance by no later than eighteen (18)
months from the effective date of these rules and regulations, and must
complete all work in order for such plants to be brought into compliance
with the requirements of this section by no later than five (5) years from
the effective date of these rules and regulations or any extended period of
time approved by the Department upon good cause shown.
(11) Existing wastewater treatment plants with surface
discharges are prohibited from expanding if they are located in an area
where new wastewater treatment plants with surface discharges are
prohibited by these rules and regulations. This paragraph shall not apply
to existing wastewater treatment plants which discharge subsurface or the
expansion of existing wastewater treatment plants where the expanded
portion discharges subsurface.
(12) Existing wastewater treatment plants with surface
discharges may expand if they are located in an area where new wastewater
treatment plants with surface discharges are allowed by these rules and
regulations. The plans submitted to expand the wastewater treatment plant
shall meet all of the requirements of this section.
(13) Existing wastewater treatment plants with subsurface
discharges may expand. The expanded portion of such wastewater treatment
plants shall meet all of the design standards and other requirements of
this section.
(14) Any approval of a new or expanded wastewater treatment
plant issued by the Department shall expire and thereafter be null and void
unless construction is completed within five (5) years of the date of
issuance of such approval or any extended period of time approved by the
Department upon good cause shown. Following expiration of the approval,
the plans for the wastewater treatment plants may be resubmitted to the
Department for consideration for a new approval.
(b) Requirements for wastewater treatment plants located
within phosphorus restricted basins. No new wastewater treatment plants
with surface discharges, or expansions of existing wastewater treatment
plants with surface discharges, shall be allowed in a phosphorus restricted
basin. A variance from this provision may be sought in accordance with the
requirements set forth in section 128-6.1(d) of Subpart 128-6.
(c) Requirements for wastewater treatment plants located in
coliform restricted basins. No new wastewater treatment plants with
surface discharges, or expansions of existing wastewater treatment plants
with surface discharges, shall be allowed in a coliform restricted basin.
A variance from this provision may be sought in accordance with the
requirements set forth in section 128-6.1(d)(1) of Subpart 128-6.
(d) Treatment requirements for wastewater treatment plants
located within the 60 day travel time to intake.
(1) The map indicating the demarcation line for the
watershed areas that are located within the 60 day travel time to intake
appears in Appendix 128-A. Large detailed maps of such areas are available
to be reviewed by the public during business hours at the regional offices
listed in section 128-1.5 of Subpart 128-1.
(2) Within the 60 day travel time to the intake the
following requirements are applicable:
(i) New wastewater treatment plants with surface
discharges, or expansions of existing wastewater treatment plants with
surface discharges, are prohibited;
(ii) Existing wastewater treatment plants with SPDES
permitted surface discharges may continue to operate provided the treated
effluent is also subject to sand filtration, disinfection, phosphorus
removal, and microfiltration or a Department-approved equivalent technology
to microfiltration, as required by these rules and regulations;
(iii)New and existing wastewater treatment plants with
subsurface discharges may commence or continue to operate provided that the
treated effluent is also subject to sand filtration and phosphorus removal,
and for SPDES permitted discharges greater than 30,000 gallons per day
(gpd), disinfection, as required by these rules and regulations.
(e) Treatment requirements for wastewater treatment plants
located in the watershed and beyond the 60 day travel time to intake.
(1) The map indicating the demarcation line for the
watershed areas that are located beyond the 60 day travel time to intake
appears in Appendix 128-A. Large detailed maps of such areas are available
to be reviewed by the public during business hours at the regional offices
listed in section 128-1.5 of Subpart 128-1.
(2) Beyond the 60 day travel time to the intake the
following requirements are applicable: (i) New wastewater treatment
plants with surface discharges into a reservoir, reservoir stem, controlled
lake, or wetland are prohibited;
(ii) All new surface discharges into a watercourse, and any
existing wastewater treatment plants with SPDES permitted surface
discharges may commence or continue to operate, provided that the treated
effluent is also subject to sand filtration, disinfection, phosphorus
removal, and microfiltration or a Department-approved equivalent technology
to microfiltration, as required by these rules and regulations;
(iii) New and existing wastewater treatment plants with
subsurface discharges may commence or continue to operate, provided that
the treated effluent is also subject to sand filtration and phosphorus
removal, and for SPDES permitted discharges greater than 30,000 gallons per
day (gpd), disinfection, as required by these rules and regulations.
(f) Design, Operation and Maintenance Requirements
(1) This subdivision (f) shall apply to new and existing
wastewater treatment plants.
(2) The criteria used by the Department to approve the
design for any new wastewater treatment plant or the portion of any new or
existing wastewater treatment plant which is being expanded or altered or
modified shall be all applicable requirements of law, including the
standards set forth in the following documents:
(i) "Design Standards for Wastewater Treatment Works,
Intermediate Sized Sewerage Facilities", New York State Department of
Environmental Conservation (1988); and
(ii) "Recommended Standards for Wastewater Facilities",
Great Lakes--Upper Mississippi River Board of State Public Health and
Environmental Managers (1990).
(3) The Department shall not approve a wastewater treatment
plant, or any proposed expansion of a wastewater treatment plant, which
discharges within the watershed, if there is inflow or infiltration into a
sewerage system connected to such wastewater treatment plant which causes
either:
(i) The State authorized flow limit of the wastewater
treatment plant to be exceeded; or
(ii) The strength of the sewage influent to the wastewater
treatment plant to be diluted to a level that adversely affects the
efficacy of the State permitted and Department approved treatment process.
(4) The Department shall not approve a wastewater treatment
plant, or any proposed expansion of a wastewater treatment plant, if there
is an indication of exfiltration from a sewerage system connected to such
wastewater treatment plant.
(5) All wastewater treatment plants shall meet the
following requirements to insure uninterrupted reliable operation:
(i) All wastewater treatment plants shall provide standby
power units sufficient to run the entire plant in order to ensure
uninterrupted reliable operation in the event of utility power failure and
these units shall be equipped with an alarm and automatic start-up
capability;

(ii) All vital plant structures, mechanical and electrical
equipment of new or existing wastewater treatment plants located or
designed within the 100-year flood plain shall be protected from damage
from a 100-year flood that may affect or disrupt its function or general
performance. Such structures and equipment shall remain fully operational
in a 25-year flood.
(iii) The disinfection system shall be provided with backup
units, an alarm and equipment that will insure processing of the plant flow
without interruption and the backup electrical and/or mechanical equipment
shall be equipped with automatic start-up capability.
(iv) In wastewater treatment plants with a SPDES permitted
surface discharge of 50,000 gpd or less, there shall be a minimum of two
(2) sand filters, each rated to handle the full plant flow. In wastewater
treatment plants with a SPDES permitted surface discharge greater than
50,000 gpd, there shall be a minimum of three (3) sand filters, each rated
to handle one-half (1/2) of the full plant flow;
(v) All wastewater treatment plants must be equipped with
a flow meter that includes a recording device; and
(vi) All alarm systems shall require telemetering to a
central location with around the clock operator presence or, in the
alternative, to an operator's residence so that a response shall be
initiated immediately.
(6) The following requirements shall apply to all
wastewater treatment plants with subsurface discharges or absorption fields
located in the watershed:
(i) The loading rate to the absorption trench may be 25
percent greater than that required under the design standards listed in
subdivision (f)(2) of this section;
(ii) An additional area of at least 50 percent of the
absorption field area shall be set aside as a reserve field area;
(iii) At a minimum, one percolation and one deep hole test
shall be performed in both the primary absorption field area and in the
reserve absorption field area. An applicant shall notify the Department in
writing at least 7 business days prior to performance of such tests, and
specify the location and the time of the tests. At the option of the
Department, a Department representative may witness these tests; and
(iv) The use of pumping, mechanical dosing or other
mechanical devices requires a pump chamber equipped with an alarm to
indicate malfunction, a backup pump, and any other safety features required
by the Department to prevent overflow.
(7)(i) All owners or operators of Department approved
wastewater treatment plants in the watershed shall, prior to commencement
of construction of such wastewater treatment plants, deposit with the
Department a performance bond for the completion of the construction of the
wastewater treatment plant and an additional bond or other guaranty for the
payment of labor and material furnished in the course of such construction.
Upon completion of construction and payment of labor and materials, such
bonds or other guaranties shall be released. Additionally, prior to
commencement of operation of the approved wastewater treatment plant, the
owners or operators of the approved wastewater treatment plant shall
provide a surety bond, or a reasonable guaranty, that they shall continue
to maintain and operate the system for a period of five years. The surety
bond or guaranty shall be in an amount sufficient to insure the full and
faithful performance by the owners or operators of the wastewater treatment
plants, and their successors and assigns, with regard to their obligation
to properly maintain and operate the wastewater treatment plants in
accordance with all requirements of law and according to the conditions set
by the Department in its approval; provided, however, that such surety bond
or guaranty shall not be required by the Department where the owners or
operators of the wastewater treatment plant have provided a surety bond or
guaranty for the maintenance and operation of the wastewater treatment
plant to the local governing body, in an amount necessary to insure the
full and faithful performance of the operation and maintenance of the
wastewater treatment plant; provided further, that such surety bond or
guaranty shall not be required where the owner or operator of the
wastewater treatment plant is a village, town, county or city. The
Commissioner may, at his or her discretion, increase the amount of such
surety bond or guaranty, but not to exceed an amount necessary to insure
the full and faithful performance of the operation of the wastewater
treatment plant. All such bonds shall be prepared on the forms of bonds
authorized by the City of New York and shall have as a surety such company
or companies that shall be approved by the City of New York and are
authorized to do business in the State of New York.
(ii) The Commissioner may authorize the provision of other
security, including cash, if the Commissioner finds that compliance with
the bond requirement is not reasonably possible and the public interest
would be served by such authorization. The alternative security shall be
deposited with the Comptroller of the City of New York.
(iii) Whenever an owner or operator of a wastewater
treatment plant deposits securities or other obligations with the City of
New York, in lieu of a performance bond, it shall be with the understanding
that the Comptroller of the City of New York, or his or her successors, may
sell and use the proceeds thereof for any purpose for which the principal
or surety on such bond would be liable under the terms of the approval. If
money is deposited with the Comptroller, the owner or operator of the
wastewater treatment plant shall not be entitled to receive interest on
such money from the City of New York.
(8) The transfer of any approval or permit issued by the
Department for the construction and/or operation of any wastewater
treatment plant shall require Department approval. The Department shall
approve such transfer provided that the transferee demonstrates sufficient
financial, technical, and professional capability to construct, operate
and/or maintain the subject wastewater treatment plant in compliance with
applicable laws, as cited in section 128-3.6(a)(1), the provisions of these
rules and regulations, and the terms and conditions of any approval or
permit granted by the Department.
(g) Application requirements.
(1) An application for review and approval of a new
wastewater treatment plant shall include the following information:
(i) A Department application form and an Environmental
Assessment Form (EAF Long Form);
(ii) A facility plan which shall include: a description of
the project, flow and waste load estimations, site characteristics,
evaluation of existing system, if applicable, and existing local or related
facilities, including any related water quality problems, examination of
the project service area, estimation of growth, examination of alternative

solutions and explanation of why the proposed option was chosen, analysis
of potential impacts, analysis of hydraulic and organic capacities
(including Waste Assimilation Capacity analysis), description of unit
processes and explanation of sizing, operation under emergency conditions,
and sludge processing, storage and disposal methods, estimation of costs,
proposed financing methods and anticipated user fees, outline of operation
and maintenance requirements (including cost projections), and regulatory
review and permitting requirements;
(iii)An engineering plan which shall include: location plan,
site plan, schematic of plant hydraulic profile, piping schematic,
location, dimension and elevations of plant process units and
appurtenances, mechanical system layout, electrical system layout, and
erosion and sediment control and stormwater management plan.
(iv) Construction specifications, including material and
equipment specifications;
(v) Construction schedule;
(vi) In cases where a draft environmental impact statement
("DEIS") is to be prepared for an activity and the DEIS complies with the
requirements of Article 8 of the Environmental Conservation Law and the
regulations promulgated thereunder, and includes the information required
in this part, the DEIS may constitute all or part of the application for
review and approval under this part. In such case the applicant will
provide the Department with notice and a copy of the DEIS; however, no
approval shall be issued by the Department prior to review of the FEIS and
issuance of a finding to approve; and
(vii) A copy of the draft SPDES permit, if any, and, when
issued, a copy of the final SPDES permit. Copies of any revisions to the
draft SPDES permit shall also be provided to the Department as they become
available to the applicant.
(2) An application for review and approval of an expansion
or of an alteration or modification of a new or existing wastewater
treatment plant shall include all of the information required in
subdivision (g)(1) of this section where applicable, and shall either:
(i) Certify that the wastewater treatment plant is in
compliance with all of the requirements of this section, and all
requirements of its SPDES permit; or
(ii) Certify that a schedule for the wastewater treatment
plant to come into compliance with the requirements of this section and
with the requirements of its SPDES permit has been submitted to the
Department for approval. A copy of such compliance schedule shall be
attached to the application.
(3) An application for review and approval of a plan for
bringing an existing wastewater treatment plant into compliance with the
requirements of this section shall include the operation and maintenance
manual for the wastewater treatment plant.
(4) All approvals for new or expansion of existing
wastewater treatment plants are conditioned on the applicant s submission
of record drawings and an operation and maintenance manual once
construction is complete.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-3.7 - Sewerage systems, service connections and discharges to sewerage systems

128-3.7 Sewerage systems, service connections and discharges to sewerage
systems.
(a) Combined sewerage systems are prohibited from
discharging within the watershed.
(b) A new service connection to a sewerage system is
prohibited where the wastewater treatment plant to which the sewerage
system has been connected and which discharges within the watershed has had
a SPDES flow parameter violation in the prior twelve months, or where the
additional flow from the new service connection will cause or can be
expected to cause such wastewater treatment plant to have a SPDES flow
parameter violation.
(c) All new service connections shall be tested as required
by and in accordance with the standards set forth in "Design Standards for
Wastewater Treatment Works, Intermediate Sized Sewerage Facilities", New
York State Department of Environmental Conservation (1988), and the
standards in "Recommended Standards for Wastewater Facilities", the Great
Lakes--Upper Mississippi River Board of State Public Health and
Environmental Managers, Sections 33.92-33.94 (1990). A copy of the results
of the tests shall be forwarded to the Department as soon as they are
available.
(d) Except for the owner of an individual or two family
residence, the owner of any property which will be served by a new service
connection to a sewerage system, or by any alteration or modification of a
service connection to a sewerage system, shall submit all plans or designs
for such service connection or such alteration or modification to the
Department prior to or simultaneously with the delivery of the notice to
the Department required under paragraph (d)(1) below. The owner of an
individual or two family residence to be served by a new service
connection to a sewerage system, or by an alteration or modification of a
service connection to a sewerage system, shall not be required to submit
the plans or designs for such service connection or such alteration or
modification to the Department, unless specifically requested by the
Department. If so requested, such owner shall submit such plans or designs
to the Department prior to or simultaneously with the delivery of the
notice to the Department required under paragraph (d)(1) below or, if the
request is made by the Department after such notice has been given, within
ten (10) days after such request has been made.
(1) The owner of any property which will be served by a new
service connection to a sewerage system, or by an alteration or
modification of a service connection to a sewerage system, shall notify the
Department 48 hours prior to the installation of such service connection or
of such alteration or modification, and provide an opportunity to the
Department to observe the work. If required or requested pursuant to
subdivision 128-3.7(d), the owner shall submit to the Department all plans
or designs for such service connection or for such alteration or
modification prior to or simultaneously with the delivery of the such
notice to the Department.
(e) The design, construction and plans for a new sewerage
system shall require the review and approval of the Department. Any
proposed alteration or modification of a sewerage system, including a
sewerage system that is a noncomplying regulated activity, shall require
the review and approval of the Department.
(1) The Department may require an engineering report,
construction plans and specifications, and any environmental assessments
and determinations in compliance with Article 8 of the Environmental
Conservation Law when reviewing any application pursuant to this
subdivision for a new sewerage system, or a proposed alteration or
modification of a sewerage system.
(f) The criteria used by the Department to approve any new
sewerage system or the portion of any sewerage system which is being
altered or modified, shall be all applicable requirements of law, including
the standards set forth in the following documents:
(1) "Design Standards for Wastewater Treatment Works,
Intermediate Sized Sewerage Facilities", New York State Department of
Environmental Conservation (1988);
(2) "Recommended Standards for Wastewater Facilities", the
Great Lakes--Upper Mississippi River Board of State Public Health and
Environmental Managers (1990).
(g) All sewerage systems connected to a wastewater
treatment plant which discharges within the watershed shall be designed,
operated and maintained in such manner as to prevent inflow or infiltration
which causes either:
(1) The SPDES authorized flow limit of the wastewater
treatment plant to be exceeded; or
(2) The strength of the sewage influent to the wastewater
treatment plant to be diluted to a level that adversely affects the
efficacy of the SPDES permitted and Department approved treatment process.
(h) All sewerage systems shall be designed, operated and
maintained to prevent exfiltration from such systems.
(i) The owner or operator of a facility which disposes of
wastes regulated pursuant to the Federal Categorical Pretreatment
Standards, 40 CFR Part 403, shall submit three copies of the engineering
report, plans and specifications, prepared by a licensed design
professional, in compliance with 40 CFR Parts 403, 406-471 and any
applicable local regulations, to the Department for its review and
approval.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-3.8 - Subsurface sewage treatment systems

128-3.8 Subsurface sewage treatment systems.

(a) Minimum requirements:

(1) The design, treatment, construction, maintenance and operation of new subsurface sewage treatment systems, and the plans therefor, require the review and approval of the Department, provided that the requirements of this section shall not apply to subsurface sewage treatment systems necessary for an agricultural activity that are designed, provide treatment and are constructed, maintained and operated in
compliance with State and Federal law.

(2) All new individual sewage treatment systems shall comply with the requirements of 10 NYCRR Part 75 and Appendix 75-A except where a local government or agency has enacted, or these rules and regulations specify, more stringent standards, in which case, the more stringent standards shall apply.

(3) All new intermediate sized sewage treatment systems shall comply with the requirements set forth in Design Standards for Wastewater Treatment Works, Intermediate Sized Sewerage Facilities, New York State Department of Environmental Conservation (1988), except where a local government or agency has enacted, or these rules and regulations specify, more stringent standards, in which case, the more stringent
standards shall apply.

(i) As a condition of approval the Department may require evidence of financial security prior to construction, from any owner or operator of a new intermediate sized sewage treatment system or a substantial alteration or modification to an existing intermediate sized sewage treatment system. Such financial security shall consist of a bond,
or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be
released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or operator of such a facility is a village, town, county or city.

(4) All new subsurface sewage treatment systems, other than
those covered by paragraphs (2) and (3) of this subdivision, shall comply
with the applicable requirements of 10 NYCRR Part 75 and Appendix 75-A or
the applicable published standards of the Design Standards for Wastewater
Treatment Works, Intermediate Sized Sewerage Facilities, New York State
Department of Environmental Conservation (1988), except where a local
government or agency has enacted, or these rules and regulations specify,
more stringent standards, in which case, the more stringent standards shall
apply.

(i) As a condition of approval the Department may require evidence of financial security prior to construction, from any owner or operator of a new subsurface sewage treatment system or a substantial alteration or modification to an existing subsurface sewage treatment system. Such financial security shall consist of a bond, or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or
operator of such a facility is a village, town, county or city.

(5) No part of any absorption field for a new conventional individual subsurface sewage treatment system, as described in Appendix 75-A of 10 NYCRR Part 75, or for the types of sewage treatment systems described in paragraphs (3) and (4) of this subdivision, or for an Ulster County Fill System, shall be located within the limiting distance of 100
feet of a watercourse or wetland or 300 feet of a reservoir, reservoir stem or controlled lake. For a new conventional individual subsurface sewage treatment system or for a new Ulster County Fill System the Department may recommend a greater limiting distance from an absorption field to a watercourse, wetland, reservoir, reservoir stem or controlled lake.

(6) Raised systems, as described in 10 NYCRR Part 75 and Appendix 75-A, are allowed on undeveloped lots not located in a subdivision or on undeveloped residential lots located in a subdivision which was approved prior to the effective date of these rules and regulations, where site conditions are not suitable for a conventional system provided that:

(i) The system shall be located at least 250 feet from any watercourse or wetland and 500 feet from any reservoir, reservoir stem or
controlled lake provided that the greater limiting distance for raised
systems does not preclude construction on the subject lot or lots of the
use proposed by the applicant, and further provided that the site
conditions and the subsurface sewage treatment system comply with the other
provisions of these rules and regulations and other applicable federal,
State and local laws, as cited in section 128-3.8(a)(1); or

(ii) Raised systems which cannot meet the limiting distances set forth in subparagraph (i) due to size or location of the lot shall be located at the greatest limiting distance possible within the property lines and at least 100 feet from any watercourse or wetland and 300 feet from any reservoir, reservoir stem or controlled lake.

(7) Where a watershed county has adopted a subdivision code that allows a raised system, as described in 10 NYCRR Part 75 and Appendix 75-A, or where any system that has been modified from the standards outlined in Appendix 75-A has been approved by the New York State Department of Health as an alternative system, or where the New York State
Department of Health approved such raised or modified alternative systems for use in subdivisions located in the watershed, such raised or alternative systems are allowed in subdivisions that are approved subsequent to the effective date of these rules and regulations, provided that no part of such systems shall be located within 250 feet of a
watercourse or wetland or 500 feet of a reservoir, reservoir stem or controlled lake.

(8) Any proposed alteration or modification of any subsurface sewage treatment system, including a noncomplying regulated activity, requires the review and approval of the Department, and shall also be subject to the following, where applicable:

(i) Any proposed alteration or modification of any individual sewage treatment system or any other kind of subsurface sewage treatment system described in paragraphs (3) and (4) of this subdivision located within the limiting distances set forth in this section shall be performed in accordance with the New York State Fire Prevention and Building Code, Executive Law Section 370 et seq.

(ii) Any proposed alteration or modification of any intermediate sized sewage treatment system is prohibited unless such alteration or modification complies with the requirements of this section.

(9) All existing subsurface sewage treatment systems, which are operating in accordance with their Federal, State, and local approvals on the effective date of these rules and regulations, but which do not comply with the additional requirements set forth in this section, shall be allowed to continue to operate and shall be considered noncomplying
regulated activities. However, if at any time after the effective date of these rules and regulations such subsurface sewage treatment system fails or needs remediation, the owner or operator of the subsurface sewage treatment system shall comply with the following:

(i) Any proposed remediation of any part of such existing subsurface sewage treatment system shall require the prior review and approval of the Department, and if approved, shall be completed as soon as possible in accordance with a schedule approved by the Department;

(ii) Upon the failure of any subsurface sewage treatment system, it shall be remediated, to the extent possible, in accordance with the design standards set forth in this section, and shall require the prior review and approval of the Department. However, if the Department determines, based upon the application submitted by the owner or operator
of the subsurface sewage treatment system, that such system cannot comply with this section, the owner or operator of the subsurface sewage treatment system shall cooperate with the Department to determine the most suitable location and design for the system on the specific site. The Department may require the owner to agree to a regular schedule for the pump-out of any failed subsurface sewage treatment system; and

(iii) The provisions of this paragraph shall not apply to the routine repair and maintenance of a subsurface sewage treatment system, including, but not limited to, the pump-out of a septic tank, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage.

(10) Any approval of a subsurface sewage treatment system issued by the Department shall expire and thereafter be null and void unless construction is commenced within five (5) years of the date of issuance for systems located within approved subdivisions, or within two (2) years of the date of issuance for all other subsurface sewage treatment
systems. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval.

(b) Design, operation, treatment, and maintenance requirements.

(1) All subsurface sewage treatment systems shall be designed, operated and maintained to prevent the exposure of sewage to the surface of the ground or the discharge of sewage to groundwater.

(2) Mound systems, intermittent sand filters, evapotranspiration/absorption systems and galley systems that did not have all discretionary approvals before June 30, 2002, are prohibited from use in the watershed.

(3) An additional area of at least 100 percent of the primary absorption field area shall be set aside as a reserve absorption field area for any subsurface sewage treatment system.

(4) Primary and reserve absorption fields may not be built under pavement or other impervious surfaces, and pavement and other impervious surfaces may not be built over such absorption fields after installation.

(5) At least one percolation test and at least one deep hole test shall be performed in the primary absorption field. At least one percolation test and at least one deep hole test shall be performed in the reserve absorption field area. An applicant shall notify the department in writing at least seven (7) days prior to performance of such tests, and specify the location and the time of the tests. At the option of the Department, a Department representative may witness such tests.

(6) Proposed sites with soil percolation rates faster than 3 minutes per inch or slower than 60 minutes per inch shall not be approved by the Department for locating a subsurface sewage treatment system.

(7) Whenever possible, gravity flow systems shall be used for subsurface sewage treatment systems. The use of pumping, mechanical dosing or other mechanical devices shall require a pump chamber equipped with an alarm to indicate malfunction and any other safety features required by the Department to prevent sewage overflow. An intermediate
sized sewage treatment system or any other kind of subsurface sewage treatment system as described in paragraphs (3) and (4) of subdivision (a) of this section is required to have either a backup pump or a backup storage tank capable of holding two days flow. An individual sewage treatment system shall have a backup storage tank capable of holding one day's flow.

(c) Application requirements.

(1) An application for review and approval of any subsurface sewage treatment systems shall include the following information:

(i) Soil investigation report including:

(a) percolation test results;

(b) deep hole test pit results or boring analysis;

(c) indication of surface water or ledge rock observed;

(d) design rate of flow; and

(e) delineation of United States Department of Agriculture Soil Conservation Service soil type boundaries.

(ii) Building permit number and tax map number where available.

(iii) Four (4) sets of plans showing:

(a) site location, including distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs;

(b) site/system plans;

(c) system profile;

(d) details of system components; and

(e) a report containing:

(1) a description of the project characteristics; and

(2) a detailing of the design process.

(2) An application for review and approval of an intermediate sized sewage treatment system and for any other subsurface sewage treatment system as described in paragraph (4) of subdivision (a) of this section, shall include all of the information in subdivision (c) of this section, and additionally shall contain:

(i) An Environmental Assessment form and State Environmental Quality Review Act determination, if applicable; and

(ii) A SPDES permit, if applicable.

Effective Date: 
Wednesday, April 13, 2005
Doc Status: 
Complete

Section 128-3.9 - Stormwater pollution prevention plans and impervious surfaces

128-3.9 Stormwater pollution prevention plans and impervious surfaces.
(a) Impervious surfaces.
(1) The construction of an impervious surface within the
limiting distance of 100 feet of a watercourse or wetland, or within the
limiting distance of 300 feet of a reservoir, reservoir stem, or controlled
lake, is prohibited.
(2) Paragraph (1) shall not apply to the following
activities:
(i) Construction of a new individual residence, which shall
comply with paragraph (5) of this subdivision, or non-commercial ancillary
improvements or additions to an individual residence;
(ii) Agricultural activities;
(iii) Construction of bridges or crossings of watercourses
or wetlands constructed pursuant to a valid permit from the appropriate
regulatory agencies. If a permit from a regulatory agency other than the
Department is not required, the applicant shall comply with paragraph (9)
of this subdivision;

(iv) Creation of an impervious surface to alter or modify a
wastewater treatment plant approved by the Department;
(v) Creation of an impervious surface that is made
necessary by the construction of a new facility or alteration or
modification of an existing facility used in connection with the operation
of a public water supply system; or
(vi) Creation of an impervious surface, such as a culvert,
needed as an integral component of diversion or piping of a watercourse,
but only with the review and approval of the Department and only if the
Department determines that such impervious surface will not have an adverse
impact on water quality.
(3) Paragraph (1) shall not apply to creation of an
impervious surface in the West of Hudson watershed within a village,
hamlet, village extension, or area zoned for commercial or industrial uses,
which complies with paragraph (8) of this subdivision or to the creation of
an impervious surface in the East of Hudson watershed within a Designated
Main Street Area, which complies with paragraph (11) of this subdivision.
(4) Paragraph (1) shall not apply to the creation of an
impervious surface in connection with the following activities occurring in
the East of Hudson watershed outside a Designated Main Street Area or in
the West of Hudson watershed outside a village, hamlet, village extension,
or an area zoned for commercial or industrial uses:
(i) Construction of a new road or driveway, or widening of
an existing road, which shall comply with paragraph (6) of this
subdivision;
(ii) Creation of an impervious surface within a designated
village center, which shall comply with paragraph (7) of this subdivision;
or
(iii) Expansion of an existing impervious surface within the
limiting distance of 100 feet of a watercourse or wetland, at an existing
commercial or industrial facility, provided that the total area of all
expanded impervious surfaces does not exceed 25 percent of the area of the
existing impervious surface at that commercial or industrial facility,
which shall comply with subdivisions (b), (c) and (d) of this section.
(5) The following requirements are applicable to
construction of a new individual residence:
(i) Whether or not a new individual residence will be
located in a subdivision, construction of a new individual residence within
the limiting distance of 300 feet of a reservoir, reservoir stem, or
controlled lake is prohibited;
(ii) Construction of a new individual residence in a
subdivision within the limiting distance of 100 feet of a watercourse or
wetland is prohibited where:
(a) The subdivision plat received preliminary approval on
or after October 16, 1995; or
(b) The subdivision plat received preliminary approval
before October 16, 1995, the person who owned the subdivision on October
16, 1995 was the same person, or a principal or affiliate of the person,
who owned the subdivision at the time the subdivision plat received
preliminary approval, and construction activity related to infrastructure
improvements for the subdivision had not begun as of October 16, 1995;
(iii) Construction of a new individual residence not in a
subdivision, or in a subdivision approved before October 16, 1995 and not
prohibited by paragraph (a)(5)(ii)(b) of this subdivision, within the
limiting distance of 100 feet of a perennial stream or wetland requires an
individual residential stormwater permit from the Department, pursuant to
subdivision (e) of this section.
(6) The following requirements are applicable to
construction of an impervious surface for a new road or driveway or the
widening of an existing road:
(i) Construction of an impervious surface for a new road or
driveway within the limiting distance of 300 feet of a reservoir, reservoir
stem or controlled lake is prohibited, except paving an existing dirt or
gravel road is permitted. Construction of a new impervious surface by
paving an existing dirt or gravel road requires a stormwater pollution
prevention plan which complies with subdivisions (b), (c) and (d) of this
section.
(ii) Construction of an impervious surface for a new road
within the limiting distance of 50 feet of an intermittent stream or
wetland, or within the limiting distance of 100 feet of a perennial stream
is prohibited, except for paving an existing dirt or gravel road or where
necessary to provide an access road to two or more parcels or to a
subdivision. Construction of an impervious surface for paving such
existing dirt or gravel road or for such a new access road requires a
stormwater pollution prevention plan which complies with the requirements
of subdivisions (b), (c) and (d) of this section. Any access road
constructed pursuant to this paragraph shall be constructed as far as
practicable from all watercourses and wetlands.
(iii) Construction of an impervious surface for a new road
between the limiting distances of 50 feet and 100 feet of an intermittent
stream or wetland requires a stormwater pollution prevention plan which
complies with the requirements of subdivisions (b), (c) and (d) of this
section.
(iv) Construction of an impervious surface for a driveway
within the limiting distance of 50 feet of an intermittent stream or
wetland, or within the limiting distance of 100 feet of a perennial stream
is prohibited except where necessary to provide access to an existing home
or a new individual residence allowed to be constructed within such
limiting distances pursuant to paragraph (5) above. If construction of the
individual residence served by the driveway would require a stormwater
pollution prevention plan or an individual residential stormwater permit,
construction of the impervious surface for the driveway shall also require
a stormwater pollution prevention plan or an individual residential
stormwater permit, respectively.
(v) Widening of an existing road located within the
limiting distance of 50 feet of an intermittent stream or wetland, within
the limiting distance of 100 feet of a perennial stream, or within the
limiting distance of 300 feet of a reservoir, reservoir stem or controlled
lake shall be performed on the side of such existing road furthest from the
watercourse, wetland, reservoir, reservoir stem or controlled lake, to the
extent practical.
(7) The following requirements are applicable to creation
of an impervious surface within a designated village center:
(i) A local government in the Croton System may delineate
an area within the local government's boundaries to be a designated village
center in a Comprehensive Croton Water Quality Protection Plan prepared and
agreed to in accordance with section 128-8.2 of these rules and
regulations. Such designated village center shall comply with the
requirements of this paragraph with regard to the construction of
impervious surfaces.
(ii) Within a designated village center the construction of
a new impervious surface within the limiting distance of 100 feet of a
watercourse or wetland, or within the limiting distance of 300 feet of a
reservoir, reservoir stem, or controlled lake requires the review and
approval of the Department. An approval issued by the Department pursuant
to this subparagraph shall contain a determination by the Department that
there is no reasonable alternative to the creation of the proposed new
impervious surface within the applicable limiting distance and that the
best available measures have been taken to prevent adverse impacts on the
quality of the drinking water supply.
(8) The following requirements are applicable to creation
of an impervious surface in the West of Hudson watershed within a village,
hamlet, village extension or area zoned for commercial or industrial uses:
(i) Creation of any new impervious surface within the
limiting distance of 100 feet of a watercourse or wetland, or within the
limiting distance of 300 feet of a reservoir, reservoir stem or controlled
lake, within a village, hamlet, village extension or area zoned for
commercial or industrial uses as of the effective date of these rules and
regulations, requires a stormwater pollution prevention plan which complies
with the requirements of subdivisions (b), (c) and (d) of this section,
except that the foregoing requirements of this subparagraph shall not apply
to the creation of a new impervious surface for an activity set forth in
paragraph (2) of this subdivision which complies with the provisions of
paragraph (2).
(ii) If a local government in the West of Hudson watershed
adopts a zoning ordinance designating additional areas for commercial or
industrial use after the effective date of these rules and regulations, it
may apply to the Department to allow construction of new impervious
surfaces in the newly zoned commercial or industrial areas located within
the limiting distance of 100 feet of a watercourse or wetland, or within
the limiting distance of 300 feet of a reservoir, reservoir stem, or
controlled lake. The Department shall approve such application if the
Department determines that allowing new impervious surfaces in such newly
zoned commercial or industrial area is consistent with the objectives of
these rules and regulations and with previously approved zoning ordinances.
If approved by the Department, creation of new impervious surfaces within
such newly zoned commercial or industrial areas within the aforesaid
limiting distances shall be allowed subject to the requirements of
subparagraph (8)(i) above.
(9) Construction of a bridge or crossing of a watercourse
or wetland which does not require a permit from a regulatory agency other
than the Department shall require the review and approval of the
Department. Such bridge or crossing shall be constructed to prevent
adverse impacts on the quality of the water supply.
(10) Maintenance of an existing impervious surface that is a
noncomplying regulated activity shall not require the review and approval
of the Department.
(11) The following requirements are applicable to creation
of an impervious surface in the East of Hudson watershed within a
Designated Main Street Area:
(i) Creation of any new impervious surface within a
Designated Main Street Area requires a stormwater pollution prevention plan
which complies with the requirements of subdivisions (b), (c), and (d) of
this section, except that the foregoing requirements of this subparagraph
shall not apply to the creation of a new impervious surface for an activity
set forth in paragraph (2) of this subdivision which complies with the
provisions of paragraph (2).
(ii) Within thirty (30) days of the effective date of these
rules and regulations, a local government may define by metes and bounds,
tax maps or other geographic boundaries a proposed Designated Main Street
Area within its boundaries, and apply to the Department for approval of
such proposal. Within thirty (30) days of such application the Department
may approve, disapprove, or approve with modifications, such Designated
Main Street Area. If the Department disapproves the application, the local
government shall have an additional thirty (30) days in which to submit a
revised application for approval of the proposed Designated Main Street
Area, and the Department shall approve or disapprove the application within
thirty (30) days of receipt of such revised application. The Department
will approve only a limited number of Designated Main Street Areas and
local governments may not designate all areas of population concentrations
in the East of Hudson watershed as Designated Main Street Areas. The
approved boundary description of a Designated Main Street Area shall be
made available by the Department for public inspection at its field offices
in the East of Hudson watershed.
(b) Stormwater pollution prevention plans.
(1) Stormwater pollution prevention plans shall not be
required to be prepared pursuant to this section for agricultural and
silvicultural activities.
(2) Stormwater pollution prevention plans shall not be
required to be prepared pursuant to this section for clear cutting and
mining activities, provided, however, that such activities shall be subject
to the requirements set forth in the applicable New York State Department
of Environmental Conservation SPDES Permit which may be required pursuant
to Environmental Conservation Law section 17-0808.
(3) Stormwater pollution prevention plans shall be
prepared for the activities listed in this paragraph. Such plans shall be
prepared and implemented in accordance with the requirements of Part III of
the New York State Department of Environmental Conservation General Permit
No. GP-93-06. Such plans shall also be subject to the prior review and
approval of the Department. The activities are:
(i) Plans for development or sale of land that will result
in the disturbance of five (5) or more acres of total land area as
described in General Permit No. GP-93-06;
(ii) Construction of a subdivision;
(iii)Construction of a new industrial, municipal,
commercial, or multi-family residential project that will result in
creation of an impervious surface totaling over 40,000 square feet in size;
(iv) A land clearing or land grading project, involving two
or more acres, located at least in part within the limiting distance of 100
feet of a watercourse or wetland, or within the limiting distance of 300
feet of a reservoir, reservoir stem or controlled lake or on a slope
exceeding 15 percent;
(v) Construction of a new solid waste management facility
or alteration or modification of an existing solid waste management
facility within 300 feet of a watercourse or wetland or 500 feet of a
reservoir, reservoir stem or controlled lake;
(vi) Construction of a gasoline station;
(vii)Construction of an impervious surface for a new road,
as required by paragraph (a)(6) of this section;
(viii) Construction of an impervious surface in the West of
Hudson watershed within a village, hamlet, village extension or area zoned
for commercial or industrial uses, as required by paragraph (a)(8) of this
section;
(ix) Up to a 25 percent expansion of an existing impervious
surface at an existing commercial or industrial facility which is within
the limiting distance of 100 feet of a watercourse or wetland, as required
in subdivision (a) (4)(iii) of this section; or
(x) Construction of an impervious surface in the East of
Hudson Watershed in a Designated Main Street Area.
(4) If the owner or operator of any activity which is
subject to a Stormwater Pollution Prevention Plan pursuant to subsection
(b)(3), alters or modifies such activity in a manner which would require an
amended stormwater pollution prevention plan pursuant to Part III.C of the
New York State Department of Environmental Conservation General Permit No.
GP-93-06, if such activity were governed by General Permit No. GP-93-06,
such amended stormwater pollution prevention plan shall be submitted to the
Department for prior review and approval and shall comply with the
requirements of this section.
(5) Any approval of a stormwater pollution prevention plan
issued by the Department shall expire and thereafter be null and void
unless construction is completed within five (5) years of the date of
issuance or within any extended period of time approved by the Department
upon good cause shown. Following expiration of the approval, the
application for the stormwater pollution prevention plan may be resubmitted
to the Department for consideration for a new approval.
(6) As a condition of approval the Department may require
evidence of financial security prior to construction from any owner or
operator of a stormwater management system pursuant to a stormwater
pollution prevention plan. Such financial security shall consist of a bond,
or an equivalent guaranty, to be deposited with the Department, covering
the full cost of the construction of such facility and an additional bond
or an equivalent guaranty for the payment of labor and material furnished
in the course of such construction. Upon completion of construction and
payment of labor and materials, such bonds or other guaranties shall be
released. Additionally, a bond or equivalent guaranty may be required for
the maintenance and operation of the facility for a period of five years
post-construction. No bond or guaranty is required where the owner or
operator of such a facility is a village, town, county or city.
(c) Additional requirements for stormwater pollution
prevention plans.
(1) When any activity listed in paragraph (3) of
subdivision (b) of this section is proposed to be undertaken in a
phosphorus restricted basin, the stormwater pollution prevention plan shall
include an analysis of phosphorus runoff, before and after the land
disturbance activity. Such plan shall require measures to capture and
treat the 2- year, 24-hour storm runoff from the disturbed area created by
such activity.
(2) When any activity listed in paragraph (3) of
subdivision (b) of this section is proposed to be undertaken in the
drainage basin of a terminal reservoir, as identified on the watershed maps
in Appendix 128-A, the stormwater pollution prevention plan shall include
analysis of coliform runoff, before and after the land disturbance
activity.
(i) If such proposed activity causes or contributes to the
contravention of the coliform standard set forth in Section 128-4.1(b)(1)
of Subpart 128-4, the stormwater pollution prevention plan shall not be
approved by the Department, unless the measures required by the stormwater
pollution prevention plan in conjunction with any other controls to be
imposed that limit future land disturbance at the site, including but not
limited to property easements, restrictive covenants, zoning laws and
development by-laws, will prevent the contribution of additional coliform.
(3) When any activity listed in paragraph (3) of
subdivision (b) of this section is proposed to be undertaken in a coliform
restricted reservoir basin, the stormwater pollution prevention plan shall
include an analysis of coliform runoff, before and after the land
disturbance activity. Such plan shall require measures to capture and
treat the 2-year, 24-hour storm runoff from the disturbed area created by
such activity.
(4) All stormwater pollution prevention plans prepared
pursuant to this section shall include an analysis of the 25-year storm.
(d) Application Requirements and Procedures
(1) An application for approval of a stormwater pollution
prevention plan shall include:
(i) The pollution prevention plan;
(ii) The information required in a Notice of Intent under
New York State Department of Environmental Conservation SPDES General
Permit No. GP-93-06; and
(iii) A phosphorus and/or coliform analysis when required by
this section.
(2) When the Department notifies an applicant that an
application for approval of a stormwater pollution prevention plan is
complete pursuant to subdivision 128-2.3(d)(2) and (3) of Subpart 128-2,
the Department shall also issue a written notification to the Stormwater
Project Review Committee ( Committee ) for the Town(s) or Village in which
the activity requiring preparation of the stormwater pollution prevention
plan is proposed to be located, of the Department s receipt of a complete
application.
(i) If requested by one or more members of the Committee,
the Department shall submit a copy of the complete application to the
Committee for its review and shall convene a meeting, in person or by
telephone, of the Committee.
(ii) The Department shall not be required to meet with or
otherwise further consult with a member of the Committee concerning an
application where the Committee member declines to review the application
or fails to attend a meeting of the Committee convened to consider the
application.

(3) Upon completion of their review of the application, and
upon a majority vote of the Committee members, including the Department s
Committee member, who reviewed the application, the Committee may recommend
to the Department that an application for approval of a stormwater
pollution prevention plan be approved, approved with conditions or
disapproved.
(i) If the Department s Committee member agrees with the
majority recommendation of the Committee, the Department may proceed to
issue its determination to the applicant.
(ii) If the Department s Committee member disagrees with the
majority recommendation of the Committee, the application, together with
the written recommendation of the Committee, shall be submitted to the
First Deputy Commissioner of the Department for review and a determination.
The First Deputy Commissioner shall issue a written record of decision
setting forth the basis for the determination and responding to any
contrary written recommendations submitted by any member of the Committee.
(iii) If the Committee fails to make a recommendation to the
Department at least fifteen (15) days prior to the date the Department is
required to notify an applicant in writing of its determination pursuant to
subdivision 128-2.3(d)(5) of Subpart 128-2, the Department may proceed to
issue its determination and the Department shall not be required by these
rules and regulations to further consult with or consider the comments of
the Committee or any member of the Committee.
(4) Failure of any Committee member, other than the
Department Committee member, to act in accordance with the procedures or
within the time frames set forth in these rules and regulations, shall
relieve the Department of any obligation to consult with or consider the
comments of the Committee member. Failure of any Committee member, other
than the Department Committee member, to act in accordance with the
procedures or within the time frames set forth in these rules and
regulations, shall not invalidate any determination issued by the
Department.
(5) A Committee may only make recommendations to the
Department and shall have no authority to make decisions on behalf of the
Department. For purposes of SEQRA, the Department s determination on an
application, not the Committee s recommendation to the Department, shall be
considered a final decision.
(e) Individual residential stormwater permits.
(1) An individual residential stormwater permit is required
for:
(i) Construction of a new individual residence, not located
within a subdivision, and located within the limiting distance of 100 feet
of a perennial stream or wetland;
(ii) Construction of a new individual residence located
within a subdivision approved before October 16, 1995, and not prohibited
by paragraph (a)(5)(ii)(b) of this section, and located within the limiting
distance of 100 feet of a perennial stream or wetland; and
(iii) Construction of an impervious surface for a driveway
located within the limiting distances of 50 feet of an intermittent stream
or wetland or within 100 feet of a perennial stream, provided that the
driveway is necessary for access to an individual residence which is not
located within a subdivision and where the individual residence accessed by
the driveway would be required to obtain an individual residential
stormwater permit pursuant to this section.
(2) Application requirements. An application for issuance
of an individual residential stormwater permit shall include:
(i) A plan of the proposed individual residence and/or
driveway;
(ii) A plan or map identifying the location of any
watercourses, wetlands, reservoirs, reservoir stems or controlled lakes on
or adjacent to the property;
(iii)A plan showing the approximate area of site
disturbance;
(iv) A description and depiction of proposed erosion
controls sufficient to prevent sedimentation of the receiving watercourse
or wetland during construction. Erosion controls typically consist of
sediment barriers, such as hay bales and silt fencing, and temporary
stormwater diversions;
(v) A schedule for construction, including grading and site
stabilization; and
(vi) A description and depiction of proposed stormwater best
management practices designed to filter, detain, or filtrate runoff from
the individual residence or driveway, thereby minimizing the
post-construction increase in pollutant loading to the receiving perennial
stream or wetland.
(3) An individual residential stormwater permit issued by
the Department shall expire and thereafter be null and void unless
construction is completed within two (2) years of the date of issuance of
the permit, or within any extended period of time approved by the
Department upon good cause shown. Following expiration of the permit, the
application for the individual residential stormwater permit may be
resubmitted to the Department for consideration for a new permit.

Effective Date: 
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Section 128-3.10 - Miscellaneous point sources

128-3.10 Miscellaneous point sources.

(a) Unless otherwise permitted by the rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge into the environment (including into groundwater), from industrial facilities, including vehicle washing facilities, and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.

(b) Any new point source, excluding point sources otherwise regulated pursuant to these rules and regulations, is prohibited from discharging into a reservoir or controlled lake, reservoir stem, or wetland.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.11 - Solid waste

128-3.11 Solid waste.

(a) Siting or horizontal expansion of a junkyard or a municipal solid waste landfill, within the limiting distance of 250 feet of a watercourse or wetland, or the siting or horizontal expansion of a junkyard or a solid waste management facility within the limiting distance of 1000 feet of a reservoir, reservoir stem or controlled lake is prohibited except for:

(1) Recyclable handling and recovery facilities that handle non-putrescible solid waste, such as newspapers, magazines, corrugated boxes, glass, cans and plastic, but not non-putrescible solid waste such as batteries, car batteries, and waste oil;

(2) Composting facilities for individual households for personal use; or (3) Expansion of the existing permitted municipal solid waste landfill located within Delaware County.

(b) Discharge of solid waste directly into any watercourse, wetland, reservoir, reservoir stem or controlled lake is prohibited. For purposes of this subdivision, solid waste includes materials that are otherwise exempt from compliance with 6 NYCRR Part 360, as described in 6 NYCRR subdivision 360-1.2(a)(4). This subdivision shall notapply to discharge of treated leachate in accordance with the requirements of these rules and regulations and a valid SPDES permit.

(c) Only construction and demolition debris that is recognizable uncontaminated concrete, asphalt pavement, brick, soil, stone, trees or stumps, wood chips, or yard waste may be used as fill in the watershed.

(d) All new solid waste management facilities, or altered or modified existing solid waste management facilities within the limiting distance of 300 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake, are required to submit stormwater pollution prevention plans to the Department for review and approval, in accordance with Section 128-3.9(b)(3)(v) of these rules and regulations.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.12 - Agricultural activities

128-3.12 Agricultural activities. Any intentional, knowing or reckless act or omission that in the course of an agricultural activity significantly increases pollutants in the water supply is prohibited.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.13 - Pesticides

128-3.13 Pesticides. Unless otherwise permitted by these rules and regulations, the discharge or use, or storage of pesticides which is reasonably likely to lead to a discharge, of pesticides into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.14 - Fertilizers

128-3.14 Fertilizers.

(a) The requirements of this section shall not apply to the application or storage of fertilizers for: (1) An agricultural activity performed in compliance with State or Federal law; and (2) Non-commercial application by an individual on residential premises.

(b) No fertilizer activity shall be considered to be a noncomplying regulated activity.

(c) Discharge from the washing of fertilizer application equipment into any watercourse, wetland, reservoir, reservoir stem or controlled lake is prohibited.

(d) Use of water directly from a reservoir, reservoir stem or controlled lake for fertilizer make-up is prohibited.

(e) Use of water directly from a watercourse for fertilizer make-up without the use of an anti-siphon device is prohibited.

(f) Open storage of fertilizer is prohibited.

Effective Date: 
Wednesday, July 8, 1998
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Section 128-3.15 - Snow disposal and storage and use of winter highway maintenance materials

128-3.15 Snow disposal and storage and use of winter highway maintenance materials.

(a) Whenever feasible removed snow shall not be disposed of directly into a watercourse, wetland, reservoir, reservoir stem or controlled lake. However, this subdivision shall not be construed to require an owner or operator to transport the removed snow in a vehicle for offsite disposal.

(b) No snow disposal activity shall be considered to be a noncomplying regulated activity.

(c) Commercial, industrial, governmental, or institutional entities shall be restricted to the use of the substances defined in these rules and regulations as winter highway maintenance materials and to the use of the minimum amount needed of such substances in order to protect the public safety. In determining the minimum amount needed for public safety, such entities should consider best management practices developed by the New York State Department of Transportation.

(d)(1) Commercial, industrial, governmental, or institutional entities that store winter highway maintenance materials in quantities of 1000 pounds or more that contain greater than eight percent chloride compounds shall store such materials in structures constructed on low permeability storage pads. (2) Any outdoor areas used for loading, handling or mixing of winter highway maintenance materials shall be constructed and maintained to prevent seepage and runoff from entering any watercourse, wetland, reservoir, reservoir stem or controlled lake.

(e) All commercial, industrial, governmental, or institutional entities that store winter highway maintenance materials in quantities and composition not otherwise subject to paragraph (1) of subdivision (d) of this section, shall store such materials in a manner that minimizes runoff into any watercourse, wetland, reservoir, reservoir stem, or controlled lake. Runoff may be controlled by use of control measures such as berms and covers.

(f) A winter highway maintenance material storage facility may be enlarged provided that the enlarged facility is in compliance with the storage requirements set forth in this section, and any other applicable requirements of these rules and regulations.

(g) Winter highway maintenance material storage facilities that are noncomplying regulated activities shall come into compliance with this section no later than two years from the effective date of these rules and regulations.

Effective Date: 
Wednesday, July 8, 1998
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Complete