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(a) The following terms shall have the stated meanings when used in this Chapter, except where otherwise specifically provided:
(1) Absorption area means the area to which wastewater is distributed for infiltration to the soil.
(2) Absorption field means the area to which sewage is distributed for infiltration to the soil by means of a network of pipes. A gravelless absorption system is a type of absorption field.
(3) Access road means an impervious private or public road, other than a driveway, which connects a parcel to an existing public or private road and which is necessary in order to enable the parcel to be developed.
(4) Affiliate means any agency or person controlled by, controlling, or under common control with an applicant.
(5) Agency means any local, state or federal department, agency, board, public benefit corporation, public authority, commission, district, or governing body, including any city, county, and other political entity of the State.
(6) Agricultural activity means (i) an activity that occurs on "land used in agricultural production" as that term is defined in § 301(4) of the Agriculture and Markets Law, or (ii) an activity which is covered by a whole farm plan approved by the Watershed Agricultural Council, or by a New York State Agricultural Environmental Management Plan, or by another federal, state, or other conservation plan determined by the Department to provide water quality protection equivalent to whole farm plans approved by the Watershed Agricultural Council.
(7) Alteration or modification means any change in physical configuration, intensity of use, location, plans, design, site, capacity, treatment standard or method, or other change in a regulated activity or in a noncomplying regulated activity. This term shall not include remediation, routine repairs or maintenance of structures and equipment.
(8) Approval means any final decision by an agency to issue a permit, certificate, license, lease, renewal or other entitlement or to otherwise authorize a proposed project or activity.
(9) Area zoned for commercial or industrial uses means a commercial or industrial zoning district, hamlet zoning district, or highway business zoning district. Areas zoned for commercial or industrial uses shall not include agricultural zoning districts.
(10) Base flow means visible sustained or fair weather runoff of water, including groundwater.
(11) Best management practices (BMPs) means methods, measures or practices determined to be the most practical and effective in preventing or reducing the contamination to or degradation of the water supply. Best management practices include, but are not limited to, structural and nonstructural controls and operations and maintenance procedures, that can be applied before, during or after regulated activities to achieve the purposes stated herein.
(12) Best treatment technology (BTT) means methods, measures or practices determined to be the most practical and effective in reducing amounts of phosphorus in both surface and subsurface point source discharges which occur within the New York City watershed. BTT will vary with the size of the wastewater treatment plant, but is generally understood to consist of secondary treatment and chemical removal (usually accomplished by the addition of aluminum salts, iron salts, polymers, or pH adjustments with lime), with media filtration as a final step if necessary to achieve higher removal rates.
(13) C.F.R. means the Code of Federal Regulations.
(14) City means the City of New York.
(15) Clear cutting means cutting all of the trees, not just selected trees, within a specified boundary designated by the owner of the property.
(17) Combined sewer system means a structure used for conveying both sewage and stormwater.
(18) Commissioner means the Commissioner of the New York City Department of Environmental Protection or its successors or a deputy commissioner authorized to act for such Department pursuant to law.
(19) Construction or construction activity means any building, demolition, renovation, replacement, restoration, rehabilitation or alteration of any structure or road, or land clearing, land grading, excavation, filling or stockpiling activities that result in soil disturbance.
(20) Construction and demolition debris means uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads; and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm related cleanup.
(21) Contamination means the introduction of any pollutant to the water supply.
(22) Controlled lake means a lake from which the City may withdraw water pursuant to rights acquired by the City or as a right of ownership. The controlled lakes are: Kirk Lake, Lake Gleneida and Lake Gilead.
(23) Croton System means Middle Branch, Bog Brook, East Branch, Croton Falls, Diverting, Titicus, Amawalk, Muscoot, New Croton, and Cross River Reservoirs, Kirk Lake, Lake Gleneida and Lake Gilead, and their respective drainage basins.
(24) Degradation means a process of reduction or deterioration of the water quality of the water supply, including the process of eutrophication.
(25) Department means the New York City Department of Environmental Protection or its successors.
(26) Design capacity means the approved flow limit of the physical apparatus of a wastewater treatment plant as specified in its SPDES permit.
(27) Design point means a point where stormwater runoff enters a watercourse or wetland or leaves the site of an activity for which a stormwater pollution prevention plan must be prepared pursuant to this Chapter.
(28) Design professional means a professional engineer or a registered architect who is licensed to practice in the State of New York, or a land surveyor with an exemption under § 7208(n) of the Education Law.
(29) Designated Main Street Area means a defined area of limited size located within the East of Hudson Watershed which is an existing center of commercial, industrial, residential, or mixed use. Designated Main Street Areas were proposed by local governments in the East of Hudson Watershed in 1997 and approved by the Department pursuant to these rules and regulations.
(30) Designated Village Center means an area in the Croton System described by the metes and bounds of a village center, whether or not located in an incorporated village, designated by a local government(s) in a Comprehensive Croton Water Quality Protection Plan prepared and agreed to in accordance with 15 RCNY § 18-82 by submitting to the Department a description of the metes and bounds of such proposed Designated Village Center, a map of the described area, and a statement of the features which qualify the area as a Designated Village Center. A Designated Village Center must be an existing center of commercial, residential or mixed uses.
(31) Discharge means the intentional or unintentional disposal, deposit, injection, emission, application, dumping, spilling, leaking, washing off, release, running off, draining or placing of any solid, semi-solid, liquid, or any other non-gaseous waste or other substance into or onto any land or water or into any sewer system so that such waste or other substance may directly or indirectly enter into any watercourse, wetland, reservoir, reservoir stem, controlled lake or groundwater.
(32) Discontinuation means an interruption in the use of a regulated activity including a noncomplying regulated activity. The period of discontinuation shall commence on the date when regular or seasonal use ceases. Incidental or illegal use of an unoccupied structure shall not be sufficient to interrupt a period of discontinuation.
(33) Disturbed area means the portion of a site for which the imperviousness of the ground has changed from pre-construction conditions as a result of any land clearing, land grading or construction activity. Disturbed areas may include lawns and landscaped areas.
(34) Drainage Area means all land and water area from which runoff may run to a common design point.
(35) Drainage basin means the land area which contributes surface water to a reservoir or controlled lake.
(36) Driveway means a route accessible by a motor vehicle between an individual residence and a public or private road to provide ingress and egress from the individual residence.
(37) East of Hudson Watershed means West Branch, Boyd's Corner, Bog Brook, East Branch, Croton Falls, Diverting, Titicus, Amawalk, Muscoot, New Croton, Cross River, Middle Branch and Kensico Reservoirs, Kirk Lake, Lake Gleneida and Lake Gilead, and their respective drainage basins.
(38) Effective Date means May 1, 1997.
(39) Effluent means water or wastewater that flows out from a wastewater treatment plant or other treatment process.
(40) Enhanced subsurface sewage treatment system means a subsurface sewage treatment system that provides enhanced treatment of wastewater to reduce the amount of biochemical oxygen demand (BOD) and total suspended solids (TSS) of wastewater effluent prior to distribution to an absorption field. Enhanced subsurface sewage treatment systems include, but are not limited to, aerobic treatment units, peat filters, and textile filters.
(41) Epilimnion means the uppermost, warmest, well-mixed layer of a lake during thermal stratification.
(42) Erosion means the wearing away or the movement of soil by such physical agents as wind or water, that is exacerbated by such practices as the disturbance of ground cover by stripping or removing vegetation, construction activity, or tilling.
(43) Exfiltration means wastewater that leaks out of a sewer system into the surrounding environment, through faulty joints, defective pipes, cracks in pipes, connections, or at manholes.
(44) Existing, where used to describe storage of hazardous substances, storage of petroleum products, or the siting of junkyards and solid waste management facilities, means physically constructed, functioning and operational prior to May 1, 1997.
(45) Expansion means an increase in the permitted flow limit for a wastewater treatment plant as specified in the SPDES permit and/or an increase in the design capacity of a wastewater treatment plant.
(46) Facility means a structure, room or other physical feature designed to perform a particular function and that makes possible some activity.
(47) Fertilizer means any commercially produced mixture, generally containing phosphorus, nitrogen and/or potassium, except compost, that is applied to the ground to increase the supply of nutrients to plants.
(48) Galley System means any subsurface system for treating sewage that employs structural chambers in a horizontal or vertical arrangement for the storage of effluent until it can be absorbed into the soil, that is utilized following a septic tank as an alternative to a standard absorption field, and that did not have all discretionary approvals necessary for construction and operation before June 30, 2002.
(49) Gasoline station means an establishment at which gasoline is sold or offered for sale to the public for use in motor vehicles.
(50) Gravelless absorption system means an absorption field using a wastewater distribution system designed to be installed without gravel or stone aggregate. Gravelless absorption systems may involve the use of geotextile, sand, or other media.
(51) Groundwater means any water beneath the land surface in the zone of saturation. The zone of saturation is where water fills all available pore spaces.
(52) Hamlet means a population center designated as a hamlet by a Town Board in the West of Hudson watershed and described as a hamlet in a Water Supply Permit duly issued by the New York State Department of Environmental Conservation or in any written agreement among the affected parties to the 1997 New York City Watershed Memorandum of Agreement, including the New York State Department of Environmental Conservation.
(53) Hazardous substance means any substance defined or listed in 6 NYCRR Part 597 except that hazardous substance does not mean any petroleum product, including those listed in 6 NYCRR § 597.2, Table 1, and also does not mean any hazardous waste.
(54) Hazardous waste means any solid waste, defined or listed as a hazardous waste in 6 NYCRR Part 371.
(55) Holding tank means a tank or vault, with no outlet, used for holding sewage before it is pumped out and transported elsewhere for treatment or disposal.
(56) Hot spot runoff means runoff from an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater, such as vehicle service and maintenance facilities, fleet storage areas, industrial sites, marinas, and facilities that generate or store hazardous materials. Runoff from residential, institutional, and office development, non-industrial rooftops, roads, and pervious surfaces is not generally hot spot runoff.
(57) Hydrologic soil group means the designation of soils based on the National Engineering Handbook, Part 630, Chapter 7, Hydrologic Soil Groups, U.S. Department of Agriculture, National Resources Conservation Service, 2009 in which soils are categorized into four runoff potential groups, ranging from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
(58) Hypolimnion means the lower, cooler layer of a lake during thermal stratification.
(59) Impervious surface means an area which is either impervious to water or which substantially prevents the infiltration of water into the soil at that location. Impervious surfaces include, but are not limited to, paving, concrete, asphalt, rooftops, and other hard surfacing materials, and do not include dirt, crushed stone, gravel surfaces, or other surfacing materials determined by the Department to be pervious for their intended purpose.
(60) Individual residence means a building consisting of one or two residential units.
(61) Individual sewage treatment system means an on-site subsurface sewage treatment system serving one or two family residential properties and receiving sewage without the admixture of industrial wastes or other wastes, as defined in the Environmental Conservation Law § 17-0701.
(62) Industrial waste means any liquid, gaseous, solid or waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause contamination to or degradation of the water supply.
(63) Infiltration means water, other than wastewater, that enters a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow and from treatment of runoff by stormwater infiltration practices.
(64) Inflow means water other than wastewater that enters a sewer system, including sewer service connections, from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
(65) In situ soil means naturally occurring glacial soil; it does not include fill or stabilized fill.
(66) Intake means the points in the New York City water supply located prior to the point of disinfection where the water is no longer subject to surface runoff.
(67) Intermediate sized sewage treatment system means an on-site subsurface sewage treatment system serving an industrial, institutional, municipal, commercial, or multi-family residential facility, and receiving sewage without the admixture of industrial wastes or other wastes, as defined in the Environmental Conservation Law § 17-0701.
(68) Intermittent stream means a watercourse that during certain times of the year goes dry or whose lowest annual mean discharge during seven consecutive days with a recurrence interval of ten years (MA7CD/10) is less than 0.1 cubic foot per second and which periodically receives groundwater inflow. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snow melt shall not be considered to be an intermittent stream.
(69) Junkyard means any place of storage or deposit, whether in connection with another business or not, where four or more unregistered, old, or second hand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials such as metal, glass, or fabric for the purpose of disposing of the same, or for any other purpose.
(70) Land clearing means the exposure of soil by devegetation or the exposure of soil to the forces of erosion.
(71) Land grading means the removal, addition or alteration of surface or subsurface conditions of land by excavation or filling.
(72) Limiting distance means the shortest horizontal distance from the nearest point of a structure or object to the edge, margin or steep bank forming the ordinary high water mark of a watercourse, wetland, reservoir, reservoir stem or controlled lake or to the contour line coinciding with the reservoir spillway elevation.
(73) Mapped stream means a protected stream as defined in 6 NYCRR § 608.1.
(74) Metalimnion means an intermediate zone between the epilimnion and hypolimnion where the water temperature drops rapidly with increasing depth.
(75) Microfiltration means a process in which treated effluent passes through a membrane filter having a nominal pore diameter of 0.2 microns or less.
(76) Multi-family residence means a building containing three (3) or more residential units.
(77) Municipal solid waste landfill means a landfill, as defined in 6 NYCRR § 360.2, which is owned or operated by a municipality.
(78) New, where used to describe storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities, means undertaken, constructed, installed, or implemented after May 1, 1997.
(79) Noncomplying regulated activity means any regulated activity or existing activity which does not conform to the standards set forth in these rules and regulations, but has obtained all discretionary approvals necessary for construction and operation, prior to the effective date of these rules and regulations and/or prior to the effective date of an amendment to these rules and regulations that made the activity noncomplying.
(80) Nonpoint source pollution means pollution sources which are diffuse and do not have a single point of origin or are not introduced into a receiving stream from a point source.
(81) NYCRR means the Official Compilation of Codes, Rules and Regulations of the State of New York.
(82) Offset means a reduction in the discharge of phosphorus into a drainage basin which is surplus, quantifiable, permanent, and enforceable, as defined herein:
(i) Surplus means that the reduction in phosphorus is not otherwise required by federal, state or local law, including these rules and regulations, or pursuant to the terms of any judgment, decree or order of any court, administrative tribunal or governmental agency, or pursuant to any watershed protection program funded by the Department, except as provided in 15 RCNY §§ 18-83(a)(3) and 18-84(a)(3).
(ii) Quantifiable means that a reasonable basis exists for calculating and verifying the amount of the reduction in phosphorus.
(iii) Permanent means that the reduction in phosphorus is ongoing and of unlimited duration, as opposed to a temporary reduction.
(iv) Enforceable means that the actions and performance standards proposed by the applicant leading to the reduction in phosphorus are incorporated into a legally valid and binding agreement which may be enforced by the City in a court of competent jurisdiction.
(83) One hundred-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a one percent chance of occurring in any given year, as set forth in the "New York State Stormwater Design Manual," New York State Department of Environmental Conservation (2015).
(84) One-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a 100 percent chance of occurring in any given year, as set forth in the "New York State Stormwater Design Manual," New York State Department of Environmental Conservation (2015).
(85) Operator means any person who leases, operates, controls or supervises a facility.
(86) Owner means any person who has legal or equitable title to a facility.
(87) Pathogenic means capable of causing disease from organisms, including but not limited to: bacteria, fungi, viruses, and protozoa (such as Giardia and Cryptosporidium).
(88) Person means any individual, public or private corporation, political entity, agency, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever, except that person shall not mean the State of New York or any State department, agency, board, public benefit corporation, public authority or commission.
(89) Perennial stream means a watercourse that flows throughout the year from source to mouth.
(90) Pesticide means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans, or other animals, which the Commissioner of the New York State Department of Environmental Conservation shall declare to be a pest or (ii) any substance or mixture of substances intended as a plant regulator, defoliant or desiccant.
(91) Petroleum product means oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene.
(92) Phosphorus restricted basin means (i) the drainage basin of a source water reservoir in which the phosphorus load to the reservoir results in the phosphorus concentration in the reservoir exceeding 15 micrograms per liter, or (ii) the drainage basin of a reservoir other than a source water reservoir or of a controlled lake in which the phosphorus load to the reservoir or controlled lake results in the phosphorus concentration in the reservoir or controlled lake exceeding 20 micrograms per liter in both instances as determined by the Department pursuant to its annual review conducted under 15 RCNY § 18-48(e).
(93) Photic zone means the region of a lake that receives light, where photosynthesis takes place. The photic zone extends down to a depth where photosynthetic activity and respiration are balanced due to the available light, or to one percent surface illumination.
(94) Point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, or landfill leachate collection system, from which pollutants are or may be discharged.
(95) Pollutant means unpermitted dredged spoil, solid waste, incinerator residue, sewage, effluent, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, and industrial and municipal waste discharged into water.
(96) Portable toilet means a non-waterborne sewage system with offsite residual disposal, as identified in 10 NYCRR Appendix 75-A.
(97) Principal means an agency or person that owns 10 percent or more of the voting stock or has the ability to control a corporation, partnership or other entity.
(98) Qualifying municipal sewer use law means a local law or ordinance that includes provisions substantially similar to Articles 1 - 3, 5 - 7, 11 - 14 and the Appendix of the New York State Department of Environmental Conservation Model Sewer Use Law, dated 1994, or which the New York State Department of Environmental Conservation has otherwise accepted pursuant to the SPDES permit for the wastewater treatment plant served by a municipal sewer system.
(99) Radioactive material means any material in any form that emits radiation spontaneously.
(100) Redevelopment means the reconstruction or modification of any previously developed land such as residential, commercial, industrial, or road/highway, which involves soil disturbance. Redevelopment is distinguished from new development in that new development refers to soil disturbance on land which has not been developed. The term "redevelopment" specifically applies to areas previously developed with impervious surfaces.
(101) Regulated activity means any activity to which these rules and regulations apply, as described in subdivisions (a) - (d) of 15 RCNY § 18-14.
(102) Remediation means the repair or replacement, other than routine repair or maintenance as described in 15 RCNY § 18-38(b)(5)(iii) of Subchapter C, of a subsurface sewage treatment system. Remediation does not include alteration or modification as defined in these rules and regulations.
(103) Reserve absorption field means an area identified in the design for a subsurface sewage treatment system as suitable for infiltration of sewage to the soil by means of a network of pipes.
(104) Reservoir means any natural or artificial impoundment of water owned or controlled by the City which is tributary to the City Water supply system.
(105) Reservoir stem means any watercourse segment which is tributary to a reservoir and lies within 500 feet or less of the reservoir.
(106) Residential lot(s) means any parcel of land of five acres or less, any point on the boundary line of which is less than one-half mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purposes. Without limiting the generality of the foregoing, the term "residential" shall include temporary, seasonal and permanent residential use.
(107) Sediment means organic or mineral solids or colloids that are transported by the process of hydrologic, hydraulic, or atmospheric transport, including but not limited to erosion.
(108) Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture of sewage with industrial waste or any other waste as herein defined, shall also be considered "sewage" within the meaning of these rules and regulations.
(109) Sewer connection means the connection between a building, residence, or other structure and a sewer system except that any connection designed and intended to convey 2,500 gallons per day or more of sewage, industrial waste or other wastes shall be considered a sewer extension. Sewer connections designed to facilitate additional sewer connections, which are proposed on or after November 29, 2019, shall be considered sewer extensions.
(110) Sewer extension means newly constructed sewer pipe lines or conduits, and pumping stations and other constructions appurtenant thereto, designed to serve one or more sewer connections and to convey sewage, industrial waste or other wastes to a sewer system.
(111) Sewer system means pipe lines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, including sewer extensions, used for conducting sewage, industrial waste or other wastes to a treatment facility.
(112) Silvicultural activity means the removal of selected trees within a specified boundary designated by the owner of the property so that adequate numbers of trees are left to provide seed and partial shade for the development of new tree seedlings, and when such activity is in accordance with Federal, State and local laws.
(113) Small quantity generator has the meaning set forth in 6 NYCRR § 370.2(b)(154).
(114) Solid waste means all putrescible and non-putrescible materials or substances that are discarded, abandoned, or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, except where exempt from compliance with 6 NYCRR Part 360 as described in 6 NYCRR § 360.2(a)(3).
(115) Solid waste management facility means any facility employed beyond the initial solid waste collection process and managing solid waste, as defined in 6 NYCRR § 360.2.
(116) Source water reservoir means Ashokan, Cross River, Croton Falls, Kensico, New Croton, Rondout, and West Branch Reservoirs.
(117) SPDES flow parameter violation means two or more violations of a permitted State Pollutant Discharge Elimination System (SPDES) flow parameter limit during a consecutive six month period. A facility that operates less than 6 months per year will be deemed to have a SPDES flow parameter violation if the permitted SPDES flow parameter limit is violated one or more times during any consecutive four month period.
(118) State Pollutant Discharge Elimination System (SPDES) permit means a permit issued pursuant to Titles 7 and 8 of Article 17 of the Environmental Conservation Law.
(119) Stormwater means that portion of precipitation that is in excess of the evaporative or infiltrative capacity of soils, or the retentive capacity of surface features, that flows off the land by surface runoff or by subsurface interflow to watercourses, wetlands, reservoirs, reservoir stems and controlled lakes, i.e., that portion of the water supplied to surface drainage that is not groundwater or base flow.
(120) Stormwater bioretention practice means a stormwater management practice that uses landscaping and soils to treat stormwater runoff by collecting it in shallow depressions, before filtering through a fabricated planting soil media.
(121) Stormwater conveyance measure means a swale, drainage ditch, pipe, spillway, or other structure located outside a stormwater management practice that is used solely to transport water between stormwater management practices or to a watercourse or wetland. A stormwater conveyance measure constructed to convey stormwater, on a temporary basis, during active construction, which will not be used as a stormwater conveyance measure after construction is complete, is not considered a watercourse under this Chapter. A stormwater conveyance measure that contains water only during and immediately after a rainstorm or a snowmelt is not considered a watercourse.
(122) Stormwater infiltration practice means a stormwater management practice designed to collect and temporarily store runoff and to distribute that runoff to the underlying soil for treatment.
(123) Stormwater management practice means a stormwater pond, stormwater wetland (also known as a constructed wetland), infiltration system, filter practice, or open channel used primarily for managing and/or treating stormwater, including a Department approved alternative stormwater management practice.
(124) Stormwater Project Review Committee ("Committee") means a Committee formed in each Town or Village in the watershed to assist the Department in implementing 15 RCNY § 18-39(b) and (c), and consisting of the following four Committee members: a representative of the Department, who shall act as chairperson; a representative of the New York State Department of Environmental Conservation from the region in which the activity requiring a stormwater pollution prevention plan is proposed to be located; a representative of the Town or Village in which the activity requiring a stormwater pollution prevention plan is proposed to be located or if no one is designated by the Town, or if the activity is proposed for a village, the Village, a representative of the appropriate County Planning Department, provided, however, that a Town, or if the activity is proposed for a village, the Village, may at any time designate a representative to replace the one designated by the County Planning Department; and a representative of the County Department of Health from the County in which the activity requiring a stormwater pollution prevention plan is proposed to be located, or in a County without a County Department of Health, a representative of the County Soil and Water Conservation Service.
(125) Stormwater retrofit means any construction of a structural stormwater management practice in a previously developed area, the modification of a structural stormwater management practice, or the implementation of a nonstructural practice to improve stormwater management and/or stormwater treatment over current conditions.
(126) Stratification means the physical condition caused primarily by temperature-created differences in water density, which results in the formation of a warm, surface layer (epilimnion), a zone of transition (metalimnion), and a cooler, deep layer of water (hypolimnion).
(127) Subdivision means any tract of land which is divided into five or more parcels of five acres or less, along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots. A tract of land shall constitute a subdivision upon the sale, rental or offer for sale or lease of the fifth residential lot therefrom within any consecutive three year period.
(128) Subsurface discharge means discharge to an absorption area, i.e., a process designed to allow filtered, treated sewage effluent to be discharged into the ground as a means of ultimate disposal.
(129) Subsurface sewage treatment system means any underground system used for collecting, treating, and disposing of sewage into the ground including, but not limited to, individual and intermediate sized sewage treatment systems, as defined in these rules and regulations.
(130) Superintendent, where used in connection with a municipality with a qualifying municipal sewer use law, means "superintendent" as defined in that law.
(131) Ten-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a ten percent chance of occurring in any given year, as set forth in the "New York State Stormwater Design Manual," New York State Department of Environmental Conservation (2015).
(132) Terminal reservoir means Kensico, West Branch, New Croton, Ashokan and Rondout Reservoirs.
(133) Two-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a fifty percent chance of occurring in any given year, as set forth in the "New York State Stormwater Design Manual," New York State Department of Environmental Conservation (2015).
(134) Ulster County Fill System means a subsurface sewage treatment system used in Ulster County which has been approved by the New York State Department of Health for use in Ulster County and which is built upon two (2) feet of in situ soil that has a percolation rate between 3 to 60 minutes/inch, and which uses at least four (4) feet of fill material, including at least three (3) feet between the bottom of the trench and the in situ soil, that has a percolation rate between 3 and 10 minutes/inch. Ulster County Fill Systems may be used on individual lots or in subdivisions in Ulster County and may also be used in a county other than Ulster if the New York State Department of Health has approved the system for use in such other county.
(135) Village means a territory which has been incorporated as a village pursuant to Article 2 of the New York State Village Law.
(136) Village extension means an area immediately adjoining a main road extending outside an existing village which has been designated as a village extension by a Town Board in the West of Hudson watershed and described in a Water Supply Permit duly issued by the New York State Department of Environmental Conservation or in any written agreement among the affected parties to the 1997 New York City Watershed Memorandum of Agreement, including the New York State Department of Environmental Conservation.
(137) Wastewater treatment plant means any facility which treats sewage or discharges treated effluent not intended to receive further treatment in the watershed, and which requires a permit under Titles 7 or 8 of Article 17 of the Environmental Conservation Law. A wastewater treatment plant is installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage by removal of contaminants accomplished by unit operations or processes or by a combination of such operations and processes as may be applicable to a given design for a wastewater treatment plant. Wastewater treatment plants shall not include intermediate sized sewage treatment systems as defined in these rules and regulations.
(138) Water Quality Volume (WQv) means the storage needed to capture and treat 90% of the average annual stormwater runoff volume. WQv is calculated as follows:
WQv = (P)(Rv)(A)
12
12
where:
WQv = water quality volume (in acre-feet)
P = 90% Rain Event Number as set forth in the "New York State Stormwater Design Manual," New York State Department of Environmental Conservation (2015).
Rv = 0.05 + 0.009(I), where I is percent impervious cover
A = site area in acres
(139) Water supply means the New York City public water supply system, and includes all watercourses, wetlands, reservoirs, reservoir stems and controlled lakes tributary thereto.
(140) Watercourse means a visible path through which surface water travels on a regular basis, including an intermittent stream, which is tributary to the water supply. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snowmelt shall not be considered to be a watercourse.
(141) Watershed means the land area contributing surface water to the New York City water supply.
(142) Watershed Agricultural Council means the Watershed Agricultural Council for the New York City Watershed, Inc., a not-for-profit organization with its principal place of business at 33195 State Highway 10, Walton, New York 13856.
(143) West of Hudson watershed means the Ashokan, Cannonsville, Pepacton, Neversink, Rondout, and Schoharie Reservoirs and their drainage basins.
(144) Wetland means an area in the watershed that was mapped by the New York State Department of Environmental Conservation as a regulated wetland on or before December 31, 2024.
(145) Winter highway maintenance materials means the solid compounds or the solutions that are commonly used for traction on, or for the abatement of, winter road ice, including, but not limited to, chloride compounds, and mixtures of sand and chloride compounds.
(Amended City Record 10/30/2019, eff. 11/29/2019; Amended City Record 1/29/2025, eff. 2/28/2025)
The following laws, guidance documents, regulations or technical material have been incorporated by reference in this 15 RCNY Chapter 18. These references are available online at the web pages listed below and for physical inspection and copying at the Department of Environmental Protection, Bureau of Water Supply, Division of Water Quality, 465 Columbus Avenue, Valhalla, New York, 10595, and at the New York State Department of Health, Office of Regulatory Affairs, Tower Building, Room 2415, Empire State Plaza, Albany, NY 12237, or can be directly obtained from the sources listed for the given reference.
(1) Federal Categorical Pretreatment Standards, 40 C.F.R. Part 403, 1992, Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, available at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-N/part-403.
(2) USDA Soil Conservation Service Soil Type Boundaries, USDA SCS, Room 771, Federal Building, 100 South Clinton Street, P.O. Box 7248, Syracuse, New York 13261-7248, available at https://websoilsurvey.nrcs.usda.gov/app/.
(3) National Engineering Handbook, Part 630, Chapter 7, Hydrologic Soil Groups, U.S. Department of Agriculture, National Resources Conservation Service, 2009, U.S. Department of Agriculture 1400 Independence Ave., Washington, D.C. 20250, available at https://efotg.sc.egov.usda.gov/references/public/FL/FL7-3a-b.pdf.
(4) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233, available at https://extapps.dec.ny.gov/docs/water_pdf/togs111.pdf.
(5) 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, Revised February 1998), including Amendments A through E (July 8, 1996), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(6) 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), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233, available at https://extapps.dec.ny.gov/docs/water_pdf/togsb96.pdf.
(7) New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity, Permit No. GP-0-15-002, Effective January 29, 2015, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233, available at https://www.nyc.gov/site/dep/environment/regulations.page.
(8) New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, 2014, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233, available at https://extapps.dec.ny.gov/docs/water_pdf/2014designstd.pdf.
(9) New York State Stormwater Design Manual, 2015, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233, available at https://extapps.dec.ny.gov/fs/docs/pdf/stormwaterdesignmanual2015.pdf.
(10) Model Sewer Use Law, 1994, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233, available at available at https://extapps.dec.ny.gov/docs/water_pdf/modelseweruselaw.pdf.
(11) Recommended Standards for Wastewater Facilities, Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, 2014, Health Education Services, Health Education Services Division, P.O. Box 7126, Albany, New York 12224, available at https://extapps.dec.ny.gov/fs/projects/spdes/TenStateStrdsWastewater.pdf.
(12) Maps delineating New York State Department of Environmental Conservation regulated wetlands in the watershed on or before December 31, 2024, available at https://www.nyc.gov/site/dep/environment/regulations.page.
(Amended City Record 10/30/2019, eff. 11/29/2019; Amended City Record 1/29/2025, eff. 2/28/2025)
Subchapter B: Standards and Procedures for Regulated Activities and Noncomplying Regulated Activities
(a) The following general standards apply to all regulated activities unless specifically noted otherwise, whether or not the regulated activity also requires the review and approval of the Department. In addition, certain regulated activities must meet additional standards or procedures where specifically set forth in this subchapter or in other subchapters:
(1) All regulated activities shall be planned, designed, scheduled and conducted in such manner as to not constitute a source of contamination to or degradation of the water supply.
(2) The Department shall base its review and approval of any regulated activity on compliance with these rules and regulations, including the water quality standards set forth in Subchapter D, and shall additionally take into consideration the system specific water quality characteristics set forth in Appendix 18-B.
(3) The burden of demonstrating compliance with the requirements of these rules and regulations shall be on the person proposing to engage in a regulated activity. In the event that any person finds that compliance with any standard set forth in these rules and regulations is not possible, then she or he may apply for a variance in accordance with the provisions of Subchapter F of these rules and regulations. Variances may be granted provided that the Department makes the findings required by Subchapter F of these rules and regulations.
(4) Failure to comply with the conditions of any approval issued by the Department under these rules and regulations shall be a violation of these rules and regulations.
(5) The Department may order that a regulated activity cease, and/or a facility where such regulated activity is taking place be closed or removed, if such regulated activity is causing contamination to or degradation of the water supply, such that the activity is a threat to the life, health, or safety of water supply users that requires immediate corrective action. Any person who receives such an order may request a hearing on such order in the manner provided in 15 RCNY § 18-29.
Where any notification, application or reporting to the Department required by these rules and regulations is to be made in writing, it shall be sent by certified mail to both the local Department representative in the portion of the watershed in which the regulated activity takes place and to the Engineering Section. Addresses are listed in 15 RCNY § 18-15.
(a) These procedures shall apply to the following:
(1) Applications for review and approval of regulated activities, including renewals of approvals of regulated activities. An application for renewal of an approval of a regulated activity shall be submitted to the Department no less than 180 days prior to the expiration of the approval. This deadline shall apply unless stated otherwise in a special condition of the approval.
(2) Applications for review and approval of a substantial alteration or modification of any regulated activity;
(3) Applications for review and approval of any substantial alteration or modification of a noncomplying regulated activity; and
(4) Applications for variances pursuant to Subchapter F of these rules and regulations.
(b) The applicant shall meet the following requirements:
(2) Any person proposing to undertake any activity listed in 15 RCNY § 18-14 which requires the review and approval of the Department, shall submit to the Department, at the address of the Department representative for the area where the regulated activity is to be undertaken set forth in 15 RCNY § 18-15, an application for review and approval which includes a plan of the activity which meets the requirements of this subchapter and any additional requirements for the specific activity set forth in these rules and regulations. Failure by the applicant to submit information to the Department or to follow the Department procedures set forth in these rules and regulations is sufficient grounds to deny the approval.
(3) Any person seeking approval of an activity may be subject to such terms and conditions as the Department may require, including time limitations and limitations on transfer of the approval given by the Department.
(4) (i) An applicant shall affirmatively state in the application whether any enforcement action has been commenced during the five (5) years preceding the application against the applicant, or any principal or affiliate of the applicant, for alleged violations of law related to the specific regulated activity for which the approval is sought, or related to the facility or site at which the activity is located. The applicant shall supply the following information with respect to each enforcement action: the agency or entity commencing the action, the date of commencement, the facility location and address where the alleged violation occurred, and disposition of the action.
(ii) Failure to fully and accurately disclose any material information required to be disclosed pursuant to subparagraph 4(i) shall be a basis for the Department to deny a permit application.
(iii) Failure to cure any adjudicated violation of this Chapter or any law, rule or regulation enforced by the Department shall be a basis to deny a permit application.
(iv) If the Department or the City has commenced an enforcement action against the applicant for violations of law related to the facility or site at which the activity for which the approval is sought is located, the Department may suspend processing of the application until such alleged violations are cured.
(5) Any property owner may request that the Department perform a site visit and evaluation to determine and flag the presence of a watercourse, reservoir, reservoir stem or controlled lake on the owner's property. If the property owner supplies the Department with a surveyor's map of the property which includes a representation of the flagged watercourses, reservoirs, reservoir stems or controlled lakes identified by the Department, the Department shall confirm or annotate the findings upon the surveyor's map as soon as is practicable. A confirmed survey map shall be binding upon the Department for five years following the date of the confirmation.
(6) If an applicant for Department review and approval of a regulated activity requests that the Department conduct a site visit and evaluation to determine and flag the presence of a watercourse, reservoir, reservoir stem or controlled lake on the applicant's property the Department shall do so as soon as is practicable. If the applicant supplies the Department with a surveyor's map of the property which includes a representation of the flagged watercourses, reservoirs, reservoir stems or controlled lakes identified by the Department, the Department shall confirm or annotate the findings upon the surveyor's map within 20 business days of receipt thereof. A confirmed survey map shall be binding upon the Department for five years following the date of the confirmation. The absence of a Department confirmed surveyor's map will not cause an application to be considered incomplete.
(c) An application shall contain the following information:
(1) An application for the review and approval of any activity listed in 15 RCNY § 18-14 shall provide a description of the activity, the location and topography of the area of the activity, identification of any existing structures at the location, and any engineering, construction or other plans which detail the methods to be used in undertaking the activity such that it shall meet the requirements of this subchapter and any additional requirements for the specific activity set forth in these rules and regulations.
(2) An application for review and approval of any activity listed in 15 RCNY § 18-14 shall include a copy of any Environmental Assessment Form (EAF), and either a Draft Environmental Impact Statement (DEIS) or a determination of nonsignificance by the lead agency, where such documents are prepared pursuant to Article 8 of the Environmental Conservation Law and the rules and regulations promulgated thereunder.
(3) When a regulated activity requires a related approval from any other agency or more than one approval from the Department, the application for review and approval shall include a list of such approvals which the applicant knows to be required, and a statement of the status of any required approval at the time of filing of the application with the Department.
(4) An application for review and approval of any regulated activity shall include the name, address, telephone number, email address, and fax number of the applicant or the applicant's authorized representative, and of the design professional(s), if any, involved in preparing the application.
(d) Review and Approval Procedures.
(1) The applicant proposing to engage in any activity listed in 15 RCNY § 18-14 which requires the review and approval of the Department shall certify in writing that she or he believes that the application is complete and in compliance with the requirements of this subchapter and any additional requirements for the specific activity set forth in these rules and regulations.
(2) An application is complete when it is determined by the Department to contain sufficient information for the purpose of commencing review of the application. The Department retains the right to seek additional information in order to enable the Department to make a determination pursuant to these rules and regulations. Within ten (10) days of receiving an application for review and approval of a conventional individual sewage treatment system to be installed on an individual lot which is not within a subdivision, or within twenty (20) days of receiving any other type of application for review or approval, the Department shall either:
(i) Notify the applicant in writing that the application is complete and that the Department shall commence its review; or
(ii) Notify the applicant in writing that the application is incomplete and specifically request all additional information from the applicant as the Department deems necessary. If additional information is requested or comments are issued by the Department that need to be addressed by the applicant, the twenty (20) day period described in paragraph (d)(4) of this subdivision or the forty-five (45) day period described in paragraph (d)(5) of this subdivision shall not commence to run. The Department shall notify the applicant in writing within ten (10) days of receiving the additional information that has been requested either that the application is complete and that the Department has commenced its review or that further information is required.
(iii) Except in cases where the applicant has submitted false or misleading information or where a change in relevant law has occurred or changes have been proposed for the project, the Department may require further information based only upon the additional information submitted by the applicant or new issues raised by such information. In addition, the Department may also require further information based on a change in ownership of the property, the identity of the applicant, or the identity of the applicant's owners, principals, shareholders, directors, or officers.
(3) If the Department fails to notify an applicant in writing of its determination as to the completeness or incompleteness of the application within the time periods set forth in paragraph (d)(2) of this subdivision, the applicant may notify the Department of its failure by means of certified mail, return receipt requested, to the local Department representative identified in 15 RCNY § 18-15 who is responsible for processing the application and a copy to the Engineering Section. If the Department fails to notify the applicant of its determination as to the completeness or incompleteness of the application within ten (10) business days of receiving the notice, the application shall be deemed complete as of the eleventh day.
(4) The Department shall notify the applicant in writing of its determination within twenty (20) days of determining that an application for review and approval of a conventional individual sewage treatment system to be installed on an individual lot which is not within a subdivision is complete pursuant to the procedures set forth in paragraph (d)(2) of this subdivision unless the Department and the applicant mutually agree in writing upon an extension of the twenty (20) day review period. If, during the twenty (20) day review period, the Department requests revisions to the application, the review period shall be suspended from the date such request is made until the date on which the Department receives such revisions, provided that the Department shall have no fewer than ten (10) days from the date of receipt to issue a determination.
(5) For all applications for review and approval, other than for a conventional individual sewage treatment system to be installed on an individual lot which is not within a subdivision, the Department shall notify an applicant in writing of its determination within forty-five (45) days of notifying the applicant that the application is complete pursuant to the procedures set forth in paragraph (d)(2) of this subdivision unless the Department and the applicant mutually agree in writing upon an extension of the forty-five (45) day review period. If, during the forty-five (45) day review period, the Department requests revisions to the application, the review period shall be suspended from the date such request is made until the date on which the Department receives such revisions, provided that the Department shall have no fewer than ten (10) days from the date of receipt to issue a determination.
(6) If the Department fails to notify an applicant in writing of its determination within the twenty (20) day time period as set forth in paragraph (d)(4) of this subdivision or the forty-five (45) day time period as set forth in paragraph (d)(5) of this subdivision, the applicant may notify the Department of its failure by means of certified mail, return receipt requested to the local Department representative identified in 15 RCNY § 18-15 who is responsible for processing the application and a copy to Regulatory and Engineering Programs. The notice shall contain the applicant's name, location of the proposed project, the office in which the application was filed, and a statement that a decision is sought in accordance with this subdivision. Any notice failing to provide this information will not invoke this provision.
(i) If the Department fails to notify the applicant of its decision within ten (10) business days of the receipt of such notice, the application shall be deemed approved subject to the standard terms and conditions applicable to such an approval.
(7) Notwithstanding the time period for notifying an applicant of the Department's determination specified in paragraphs (d)(4), (d)(5) and (d)(6) of this section, if a lead agency has determined that a project may have a significant effect on the environment for purposes of the State Environmental Quality Review Act (SEQRA), such time periods shall be suspended pending receipt from the lead agency of either a Final Environmental Impact Statement (FEIS) or a determination of nonsignificance. Upon receipt of either document, the time periods shall resume, provided, however, that the Department shall have at least twenty (20) days to notify an applicant of its determination.
(8) Notwithstanding the time periods for decisions specified in this subdivision, the Department may condition an approval on the applicant providing satisfactory proof of any bonds required by the Department within thirty days of the applicant receiving the conditional approval from the Department.
(9) Any notice required or permitted to be given by the Department under this subchapter shall be given in such manner designed to reach the applicant, as the Department deems appropriate, and may include, but is not limited to, regular mail, certified mail return receipt requested, or telecopier.
(Amended City Record 10/30/2019, eff. 11/29/2019)
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