As used in this chapter, the following terms have the following meanings:
Authorized inspection agent. The term "authorized inspection agent" means an individual who has been authorized pursuant to a contract entered into by the department to conduct inspections on behalf of the department.
Commissioner. The term "commissioner" means the commissioner of environmental protection or the authorized representative of such commissioner.
Covered development project. The term "covered development project" means development activity that involves or results in an amount of soil disturbance greater than or equal to one acre or as established pursuant to rules of the department in accordance with subdivision d of section 24-553. Such term includes development activity that is part of a larger common plan of development or sale involving or resulting in soil disturbance greater than or equal to one acre or as established pursuant to rules of the department in accordance with subdivision d of section 24-553.
Department. The term "department" means the department of environmental protection.
Detention system. The term "detention system" means a system that slows and temporarily holds storm water runoff so that it can be released at a controlled rate.
Developer. The term "developer" means a person that owns or leases land on which development activity that is part of a covered development project is occurring, and/or a person that has operational control over the development activity's construction plans and specifications, including the ability to make modifications to the construction plans and specifications.
Development activity. The term "development activity" means soil disturbance on a site including but not limited to land contour work, clearing, grading, excavation, demolition, construction, reconstruction, new development, redevelopment, creation or replacement of impervious surface, stockpiling activities or placement of fill. Clearing activities include but are not limited to the cutting and skidding of trees, stump removal and/or brush root removal. Such term does not include routine maintenance (such as road resurfacing) that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.
Erosion and sediment controls. The term "erosion and sediment controls" means stormwater management practices designed to minimize the discharge of pollutants during development activities including, but not limited to, structural erosion and sediment control practices, construction sequencing to minimize exposed soils, soil stabilization, dewatering control measures, and other pollution prevention and good housekeeping practices appropriate for construction sites.
Impaired water. The term "impaired water" includes (i) a water body for which NYSDEC has established a total maximum daily load ("TMDL"), (ii) a water body for which NYSDEC expects that existing controls such as permits will resolve the impairment, and (iii) a water body identified by NYSDEC as needing a TMDL. A list of impaired waters is issued by NYSDEC pursuant to section 303(d) of the federal water pollution control act, chapter 26 of title 33 of the United States code.
Industrial stormwater source. The term "industrial stormwater source" means any premises or facility that is subject to the MSGP.
Larger common plan of development or sale. The term "larger common plan of development or sale" means a contiguous area where multiple separate and distinct development activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation including a sign, public notice of hearing, sales pitch, advertisement, drawing, permit application, uniform land use review procedure (ULURP) application, state environmental quality review act (SEQRA) or city environmental quality review (CEQR) application, application for a special permit, authorization, variance or certification pursuant to the zoning resolution, subdivision application, computer design, or physical demarcation (including boundary signs, lot stakes, and surveyor markings) indicating that development activities may occur on a specific plot. Such term does not include area-wide rezonings or projects discussed in general planning documents. For discrete development activities that are located within a larger common plan of development or sale that are at least 1/4 mile apart, each activity may be treated as a separate plan of development or sale provided that any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed.
MS4. The term "MS4" means the city municipal separate storm sewer system.
MS4 covered development project or MS 4 project. The term "MS4 covered development project" or "MS 4 project" means a covered development project that is subject to the NYSDEC construction general permit.
MS4 SWPPP acceptance form. The term "MS4 SWPPP acceptance form" means for MS 4 projects the form developed by NYSDEC to be used to indicate acceptance of a SWPPP by a municipality.
Multi sector general permit or "MSGP." The term "multi sector general permit" or "MSGP" means the New York state department of environmental conservation SPDES multi sector general permit for stormwater discharges associated with industrial activity, Permit No. GP-0-12-001 or its successor.
Municipal operations and facilities. The term "municipal operations and facilities" means any operation or facility serving a New York city governmental purpose and over which the city of New York has operational control.
New development. The term "new development" means any construction or disturbance of a parcel of land that is currently undisturbed or unaltered by human activities and in a natural state.
Notice of intent or NOI. The term "notice of intent" or "NOI" means for MS 4 projects the document submitted to NYSDEC to obtain coverage under the NYSDEC construction general permit.
Notice of termination or NOT. The term "notice of termination" or "NOT" means for MS 4 projects the document submitted to NYSDEC to terminate coverage under the NYSDEC construction general permit.
NYC MS4 Permit. The term "NYC MS4 permit" means the state pollutant discharge elimination system (SPDES) permit for municipal separate storm sewer systems of New York city, SPDES No. NY-0287890 or its successor.
NYSDEC. The term "NYSDEC" means the New York state department of environmental conservation.
NYSDEC construction general permit. The term "NYSDEC construction general permit" means the state pollutant discharge elimination system (SPDES) general permit for stormwater discharges from construction activities, Permit No. GP-0-15-002 or its successor.
NYSDEC MS4 general permit. The term "NYSDEC MS4 general permit" means the state pollutant discharge elimination system (SPDES) general permit for stormwater discharges from municipal separate storm sewer systems (MS4s), Permit No. GP-0-15-003 or its successor.
Owner. The term "owner" means a person having legal title to premises, a mortgagee or vendee in possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership or control of premises.
Person. The term "person" means an individual, corporation, partnership, limited liability company or other legal entity.
Pollutant. The term "pollutant" means dredged soil, filter backwash, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, and agricultural waste discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards or guidance values adopted as provided in subdivision a of section 750-1.2 of title 6 of the New York codes, rules and regulations.
Pollutants of concern. The term "pollutants of concern" means pollutants that might reasonably be expected to be present in stormwater in quantities that may cause or contribute to an exceedance of water quality standards. These pollutants include but are not limited to nitrogen, phosphorus, silt and sediment, pathogens, floatables, petroleum hydrocarbons, heavy metals, and polycyclic aromatic hydrocarbons (PAHs).
Post-construction stormwater management facility or post-construction facility. The term "post-construction stormwater management facility" or "post-construction facility" means a stormwater management practice serving a developed site and consisting of technology or strategies designed to reduce pollutants in stormwater runoff or reduce runoff rate or volume from the developed site through infiltration, retention, detention, or other method or treatment. Such term includes, but is not limited to, detention systems and retention systems.
Premises. The term "premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
Qualified inspector. The term "qualified inspector" means a person who is knowledgeable in the principles and practices of erosion and sediment control.
Qualified professional. The term "qualified professional" means a person who is knowledgeable in the principles and practices of stormwater management and treatment.
Redevelopment. The term "redevelopment" means reconstruction of or modification to any existing previously developed land such as residential, commercial, industrial, institutional or road/highway, which involves soil disturbance. Redevelopment is distinguished from new development in that new development refers to construction on land where there had not been previous construction. Redevelopment specifically applies to constructed areas with impervious surface or urban fill.
Retention system. The term "retention system" means a system that captures storm water runoff on site with no release.
Storm sewer. The term "storm sewer" means a sewer, the primary purpose of which is to carry stormwater.
Stormwater or stormwater runoff. The term "stormwater" or "stormwater runoff" means runoff that is generated when precipitation from rain events or snowmelt flows overland and does not percolate into the ground.
Stormwater construction permit. The term "stormwater construction permit" means a permit issued by the department authorizing development activity on land on which there is a covered development project in accordance with an approved stormwater pollution prevention plan (SWPPP).
Stormwater maintenance permit. The term "stormwater maintenance permit" means a permit issued by the department where maintenance of post-construction stormwater management facilities by owners of real property is required.
Stormwater management practices or SMPs. The term "stormwater management practices" or "SMPs" means measures to prevent flood damage and/or to prevent or reduce point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Such term includes erosion and sediment controls, post-construction stormwater management facilities, and practices to manage stormwater runoff from industrial activities.
Stormwater pollution prevention plan or SWPPP. The term "stormwater pollution prevention plan" or "SWPPP" means (i) when used in connection with a covered development project, a plan for controlling stormwater runoff and pollutants during construction and, where required by department rules, after construction is completed, or (ii) when used in connection with an industrial stormwater source, a plan, which is required by the MSGP, for controlling stormwater runoff and pollutants.
Waters of the state. The term "waters of the state" means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.