reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Terms used in this Subpart shall have the meaning as defined
						in Commission regulations at 6 NYCRR Parts 645 and 646, 10 NYCRR Part 75, Appendix A
						(NYS DOH 75-A), and the Department of Environmental Conservation's Design Standards
						for Wastewater Treatment Systems in the Lake George Basin, as applicable, except the
						following terms as used in this Subpart shall mean the following:
(a) DEC Design Standards means the Design
					 Standards for Wastewater Treatment Works in the Lake George Basin published in March
					 2015 by the Department of Environmental Conservation (Department) and available on
					 the Department's website.
(b) DOH 75-A
					 means the Wastewater Treatment Standards-Residen-tial Onsite Systems adopted by the
					 New York State Department of Health at 10 NYCRR Appendix 75-A.
(c) Failing Wastewater Treatment System shall mean
					 a wastewater treatment system that is characterized by any of the following:
(1) Discharge of untreated or partially treated
					 wastewater directly or indirectly to surface waters or the ground surface including
					 overflow outlets, broken system elements, surface breakouts, ponding or saturated
					 soil areas;
(2) The presence of a metal
					 septic tank;
(3) Lack of a pre-treatment
					 vessel (e.g. septic tank) prior to effluent discharge to any subsurface treatment
					 area (e.g. soil absorption field), such as with a cesspool;
(4) Lack of a subsurface treatment area in
					 instances where holding tanks are not used;
(5) A backup of sewage into the dwelling,
					 building, septic tank, or distribution box, including effluent flowing back into the
					 septic tank from a soil treatment area during pump out;
(6) A septic tank that requires pumping more than
					 four times per year; or
(7) A septic
					 tank that has less than 50% of the required capacity per DOH 75-A and DEC Design
					 Standards, as applicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.4 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall own,
					 operate, or maintain a Wastewater Treatment System that is Failing.
(b) No person shall own, operate, or maintain a
					 Wastewater Treatment System that is Substandard except as authorized by the
					 Commission within the terms of this Subpart.
(c) No person shall inhibit or prohibit a
					 Wastewater Inspection as directed by the Commission in accordance with this
					 Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.5 - Systems Exempt from the Wastewater Treatment System Inspection Program and Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 properties and wastewater treatment systems are exempt from the Wastewater Treatment
					 System Inspection Program and fees in this Subpart:
(1) Any property located inside the Wastewater
					 Inspection Program Area, but which is serviced by a tank and any absorption area
					 located entirely outside the Wastewater Inspection Program Area.
(2) A Wastewater Treatment System located inside
					 the Wastewater Inspection Program Area that is managed and maintained by a RME that
					 conducts the following activities:
(i) a regular
					 pump out at intervals no greater than every five years,
(ii) an inspection consistent with the standards
					 of this Subpart by a Qualified Wastewater Inspector, and
(iii) compliance with the maintenance and
					 reporting standards in section 646-3.9   of this Subpart.
(3) Any Wastewater Treatment System located inside
					 the Wastewater Inspection Program Area that has received a Wastewater Inspection
					 that is consistent with the standards of this Subpart and which is undertaken in
					 accordance with laws or regulations of an applicable Review Authority, such as a
					 required inspection upon property transfer, shall be exempt from the inspection and
					 fee requirements of this Subpart for the subsequent five years following that
					 inspection, provided sufficient and timely documentation is submitted to the
					 Commission in accordance with the maintenance and reporting standards in section
					 646-3.9   of this Subpart.
(4) Persons
					 claiming exemption under this section shall bear the burden of demonstrating that
					 all the requirements for an exemption are met.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.7 - Annual Program Fees for the Wastewater Treatment Inspection Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each property served by a Wastewater Treatment
					 System for which the tank, absorption area, or other treatment component is located
					 in whole or in part within the Wastewater Inspection Program Area shall be subject
					 to annual fees to be paid by the landowner in accordance with the following
					 schedule:
(1) Residential Wastewater Treatment
					 System: $50
(2) Commercial Wastewater
					 Treatment System: $100.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.8 - Wastewater Treatment System Design in the Lake George Basin

Current through Register Vol. 46, No. 28, July 10, 2024
All new and replacement Wastewater Treatment Systems
						constructed in the Lake George basin shall comply with the standards of DOH 75-A or
						the DEC Design Standards, as applicable, with additional standards noted
						herein:
(a) The reduction in absorption
					 area and trench length allowed by DOH 75-A or the DEC Design Standards for Enhanced
					 Treatment Units (10 NYCRR Appendix 75A.6(b)(6)(ii)(d)) as well as Open-Bottom
					 Gravelless Chambers (10 NYCRR Appendix 75-A.8(c)(3)(i)) shall not apply to
					 Wastewater Treatment Systems in the Lake George basin;
(b) The soil absorption area for Wastewater
					 Treatment Systems constructed in the Lake George basin shall be located a minimum of
					 36 inches above seasonal high groundwater and bedrock;
(c) The soil absorption area for Wastewater
					 Treatment Systems constructed in the Lake George basin shall be located a minimum of
					 100 feet from any stream, lake, or wetland;
(d) Redevelopment projects shall not utilize
					 existing Wastewater Treatment Systems that are noncompliant with the design
					 standards at the time of construction. Upon redevelopment, the Wastewater Treatment
					 System servicing that structure shall be brought into compliance with the applicable
					 design standards;
(e) A variance or
					 waiver, as applicable, shall be required from the Review Authority when standards
					 for wastewater treatment system design at subdivisions (a), (b), or (c) of this
					 section cannot be met. Waivers and variances shall be processed in accordance with
					 the administrative standards of the Review Authority.
(f) Any Wastewater Treatment System that requires
					 a variance, waiver, or deviation from the design standards at subdivisions (a), (b),
					 or (c) of this section, or from DOH 75-A or DEC Design Standards for the sizing of
					 an absorption area or septic tank shall employ additional methods, measures, and/or
					 practices determined to be the most practical and effective for reducing the
					 introduction of phosphorus to the environment. Such measures shall be appropriate
					 for the site and commensurate with the variance, waiver, or deviation requested, and
					 may include but shall not be limited to enhanced treatment units, absorption area
					 dosing, phosphorus filters, filtration media, enhanced absorption area
					 characteristics (e.g. soil depth), and holding tanks. Any such measure must be
					 consistent with generally accepted engineering practices, and shall be supported by
					 certified third party testing and/or research published in professional, peer
					 reviewed journals.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.9 - Wastewater Treatment System Maintenance and Reporting Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following shall apply to all Wastewater Treatment Systems
						in the Lake George basin:
(a) All
					 Wastewater Treatment Systems in the Lake George basin shall be pumped out by a
					 department-registered septic hauler in accordance with Department and Department of
					 Health guidance, as applicable, but no less than once every ten years, or once every
					 five years for systems subject to the Wastewater Treatment System Inspection
					 Program.
(b) Records of all Wastewater
					 Treatment System pump outs, inspections, repairs, and related construction permits
					 and design plans shall be retained by the landowner for the life of the system and
					 made available to the Commission upon request and in such format as may be directed
					 (e.g. electronic pdf).
(c) All enhanced
					 treatment units shall have an Operation and Maintenance agreement with the
					 manufacturer, the manufacturer's representative, or an equivalent alternative
					 authorized by the Commission. Inspection and maintenance records shall be retained
					 by the landowner for the life of the system and made available to the Commission
					 upon request.
(d) Within the Wastewater
					 Inspection Program Area, when a Wastewater Inspection is conducted by a Qualified
					 Inspector other than Commission staff, such as an inspector associated with a RME,
					 maintenance and inspection records for the Wastewater Treatment System shall be
					 provided to the Commission at least once every five years on such forms containing
					 the information required by subdivision (g) of section 646-3.6   of this Subpart, or
					 in such manner as provided by the Commission to demonstrate compliance with the
					 standards of this subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.10 - Administration of Regulatory Programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 Commission shall administer and enforce the Wastewater Inspection Program. The
					 Commission may enter into agreements with Review Authorities for cooperative
					 administration of the provisions of this Subpart, or may delegate administrative
					 authority to Review Authorities, provided that any such agreement and administration
					 is consistent with the intent, purpose and standards of this Subpart. Such
					 agreements shall not limit the Commission from taking enforcement action if it
					 determines that a violation of this Subpart endangers the health, safety and welfare
					 of the public or results in damage to the natural resources of the Park.
(b) When a Wastewater Inspection results in the
					 finding of a Failing or Substandard system, the Commission shall, as necessary,
					 recommend the owner retain a NYS licensed professional engineer experienced in
					 subsurface treatment systems and refer the landowner to the appropriate Review
					 Authority for Wastewater Treatment System design and construction review and
					 approval.
(c) To avoid duplicative
					 jurisdiction and administration of Wastewater Treatment System permit programs, the
					 terms of this Subpart do not convey permit jurisdiction to the Commission. Permit
					 jurisdiction associated with the design and construction of Wastewater Treatment
					 Systems, and all powers associated therewith, shall remain with the Review
					 Authorities for Wastewater Treatment Systems in the Lake George basin. At the time
					 of promulgation, the Review Authorities include the Town of Queensbury, Village of
					 Lake George, Town of Lake George, Town of Bolton, Town of Hague, Town of
					 Ticonderoga, Washington County, the Department, and the Department of
					 Health.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.2 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to protect and safeguard
						the general health, safety, and welfare of the public residing in or visiting
						the park by preserving and protecting the quality of the ground and surface
						waters of the park. This Subpart has the following objectives: prevent any
						increase in stormwater runoff from any development in order to reduce flooding,
						siltation and streambank erosion; prevent any increase in pollution caused by
						stormwater runoff from development which would otherwise degrade the quality of
						water in Lake George and its tributaries and render it unfit for human
						consumption, interfere with water based recreation or adversely affect aquatic
						life; and ensure that the total annual volume of surface water runoff which
						flows from any specific site during and following development shall not exceed
						that which prevailed prior to development.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
					 applicability. This Subpart shall apply to any municipality lying wholly or
					 partially within the park, the commission and all development within said
					 municipalities except development which is expressly exempt pursuant to section
					 646-4. 6 of this Subpart. Stormwater management plans and stormwater regulatory
					 programs shall apply to all land within the park. Their application to other
					 areas within a municipality is encouraged in order to protect other water
					 resources, but is not required by this Subpart.
(b) Applicability under municipal
					 jurisdiction. A stormwater Regulatory Program is applicable to all development
					 projects within the municipality and within the Lake George Park except for
					 projects specifically exempted by the program. In any municipality where there
					 is a program in effect approved pursuant to this Subpart, the rules for the
					 applicability of the program to projects for which applications have previously
					 been filed, or which have received other required permits, shall be set forth
					 in the program.
(c) Applicability
					 under commission jurisdiction. In any municipality where the commission has
					 assumed jurisdiction over stormwater management pursuant to Environmental
					 Conservation Law, section 43-0112(3) and sections
					 646-4.5  and 646-4.
					 14 of this Subpart, a permit from the commission shall be required in
					 accordance with sections
					 646-4.5, 646-4. 7
					 and 646-4. 8 of this Subpart. The design standards for stormwater controls
					 contained in this Subpart shall be applicable in the review of permit
					 applications. Permit applications shall be processed in accordance with the
					 provisions of Subpart 645-5 except that the project classifications contained
					 herein shall govern.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.5 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wherever the
					 commission has assumed jurisdiction for stormwater management within the Lake
					 George Park pursuant to section 43-0112 (3)  of the
					 Environmental Conservation Law and unless otherwise exempted herein, no person
					 shall cause or create any new impervious surface such as pavement, blacktop,
					 macadam, packed earth and crushed stone without first receiving a permit issued
					 by the commission pursuant to this Subpart.
(b) No person or owner of real property
					 located within the Lake George Park shall create or maintain a condition, which
					 due to a human disturbance of land, vegetative cover, or soil, may result in
					 the erosion of soil from the site or into any water body. The commission shall
					 notify a property owner of such condition on his property and shall afford a
					 reasonable time period to correct any such condition before a violation shall
					 be deemed to exist.
(c) Except for
					 the activities exempted pursuant to section
					 646-4.6 
					 of this Subpart, no person shall cause or create a land disturbance without
					 first receiving a permit from the commission pursuant to this
					 Subpart.
(d) No person shall fail
					 to comply with conditions and plans of a stormwater management permit
					 authorized by the commission pursuant to this Subpart.
(e) No person shall cause or create a
					 condition of flooding, erosion, siltation or ponding resulting from failure to
					 maintain previously approved stormwater control measures where such condition
					 is injurious to the health, welfare or safety of individuals residing in the
					 park or injurious to any land within the park. The commission shall notify a
					 property owner of such condition on his property and prescribe measures
					 necessary to reestablish effective performance of the approved stormwater
					 control measures. The commission shall afford such property owner a reasonable
					 time period in which to correct any such condition, before a violation is
					 deemed to exist.
(f) No person
					 shall build, alter or modify a stormwater control measure without first
					 receiving a permit from the commission.
(g) No person shall apply or authorize the
					 application of lawn fertilizers within fifty (50) feet of any water body,
					 except for newly established lawns during their first growing season or
					 situations in which a reliable soil test indicates a need for the addition of
					 fertilizer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.6 - Permit Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following activities are exempt from the permit requirements of section
					 646-4.5
(1) emergency repairs and the ordinary
					 maintenance, cleaning, and/or repair to any stormwater control
					 measure;
(2) land disturbance and
					 land clearing of less than 5,000 square feet on a site;
(3) creation of new impervious areas of less
					 than 1,000 square feet on a site;
(4) maintenance of landscaped areas
(5) agricultural activity which is consistent
					 with a soil conservation plan developed in accordance with the New York State
					 Soil and Water Conservation Committee's "Agricultural Best Management Practice
					 Systems Catalogue", which plan has been provided to the Commission not less
					 than 15 calendar days in advance of any related land disturbance;
(6) silvicultural activity which is
					 consistent with a soil conservation plan developed in accordance with the NYS
					 Forestry Best Management Practices for Water Quality and which plan is provided
					 to the commission not less than 15 calendar days in advance of any related land
					 disturbance
(7) residential
					 firewood harvesting that is compliant with Stream Corridor Regulations at 646-5
					 and NYS Forestry Best Management Practices
(8) any building, construction or land
					 clearing occurring outside the drainage basin of Lake George from which all
					 stormwater discharged from the development site is discharged outside of the
					 basin;
(9) activities of an
					 individual engaging in home gardening by growing flowers, vegetables and other
					 plants primarily for use by that person and his or her family; and
(10) construction of an approved wastewater
					 treatment system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.7 - Project classification in stormwater regulatory programs for the purpose of review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Minor projects. The following development activities shall be considered to be
					 minor projects:
(1) Any building, land
					 clearing or development activity affecting less than 15,000 square
					 feet.
(2) Creation of a two-lot,
					 three-lot or four-lot subdivision which may result in the construction of no
					 more than one single-family residential structure and related accessory
					 structures per lot, and will require land clearing or alteration activities of
					 less than 15,000 square feet per lot and less than 15,000 square feet total for
					 any subdivision road.
(3) Any
					 building, alteration or modification of a stormwater control measure, excluding
					 maintenance, cleaning or repair of such stormwater control
					 measure.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.8 - Permit application procedures in stormwater regulatory programs

Current through Register Vol. 46, No. 28, July 10, 2024
Stormwater permit applications shall be processed in
						accordance with Subpart 645-5 of this Title
(a) General application requirements. The
					 following shall be required to be part of any application for a stormwater
					 management permit:
(1) A complete application
					 on such form as may be prescribed.
(2) The appropriate application
					 fee.
(3) When a project requires a
					 permit from any other agency, a list of all such permits which are required, a
					 statement of the status of each such permit application, and a statement of the
					 SEQR status of the action.
(4)
					 Copies of applications for all required wastewater management permits,
					 subdivision approvals, site plan review or special use permits and Adirondack
					 Park Agency permits.
(5) The real
					 property tax map section, block and lot number of each lot included in the
					 proposed project.
(6) The names and
					 legal mailing addresses of all landowners adjacent to the project site. For
					 major projects, the names and legal mailing addresses of all landowners within
					 500 feet of the project site.
(7) A
					 detailed plot plan which shows the site topography, the location and dimensions
					 of all existing and proposed structures and impervious surfaces, water bodies,
					 septic systems, wells, and stormwater control devices on the site and within
					 100 feet of the site.
(8) A general
					 location map suitable to direct officials reviewing the application to the
					 project site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.9 - Design requirements and performance standards for stormwater regulation

Current through Register Vol. 46, No. 28, July 10, 2024
Each municipality's stormwater regulatory program shall
						include design requirements and performance standards which shall be not less
						protective than the following:
(a)
					 Minor projects. The following requirements shall apply to minor projects:
(1) Stormwater shall be managed on-site using
					 stormwater control measures designed to afford optimum protection of ground and
					 surface waters. Stormwater control measures shall be selected by giving
					 preference to the best management practices for pollutant removal and flow
					 attenuation. Stormwater may be calculated in accordance with the methodology in
					 paragraph (b)(1) and subparagraph (b)(3)(i) of this section or, in the
					 alternative, at a flat rate of 1.5 gallons of stormwater for every square foot
					 of net increase in impervious area. Net increase is the difference between
					 predevelopment and post-development conditions. All water from newly created
					 impervious areas which would otherwise runoff the parcel shall be directed to
					 an infiltration device. Location of the infiltration device shall be determined
					 based upon soil test results.
(2)
					 Stormwater control measures may include, but shall not be limited to, drywells
					 of precast concrete, pits of crushed rock lined with geotextile fabric, and
					 infiltration trenches. Such measures may also include natural and human made
					 landscape features such as depressions, blind ditches, retention ponds, swales
					 and others. Inlets to infiltration devices shall be protected from sediment at
					 all times in order to maintain their capacity.
(3) Infiltration devices shall not be
					 installed up gradient within 20 feet of the subsurface treatment system of a
					 wastewater treatment system.
(4)
					 Infiltration devices and buildings shall be located to maintain maximum
					 attainable horizontal distance separation from wells, wetlands and waterbodies.
					 Pumping stormwater shall not be permitted.
(5) The bottom of any infiltration device
					 shall be a minimum of two feet above seasonal high ground water mark and two
					 feet above bedrock.
(6) Temporary
					 erosion controls shall be required to prevent siltation of waterbodies during
					 construction.
(7) Stormwater
					 control measures proposed to be installed at locations with slope > 15
					 percent before grading, soil percolation rate slower than 60 minutes per inch
					 or which require placement of fill to meet vertical distance separations
					 specified in this Subpart shall be designed by a qualified stormwater
					 professional.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.10 - Vegetative cutting and clearing restrictions in stormwater regulatory programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 vegetation shall be felled into any lake, pond, river, stream or intermittent
					 stream and if inadvertently felled into one of these water bodies, shall be
					 removed immediately from the waterbody. The removal of dead, or dying, diseased
					 trees or trees presenting a health or safety hazard shall not be exempt from
					 this requirement.
(b) Within 500
					 feet of the mean high water mark of any lake, pond, river, stream, or wetland,
					 no land area, including areas stockpiled with earthen materials, which has been
					 cleared may be made or left devoid of growing vegetation for more than 24 hours
					 without a protective covering securely placed over the entire area and/or
					 erosion control devices properly installed to prevent sediments from entering
					 the water body. Acceptable protective coverings include natural mulch of a
					 depth of two inches, rock rip-rap, non-degradable materials such as plastic or
					 canvas coverings, and impervious structures.
(c) Any area of land from which the natural
					 vegetative cover has been either partially or wholly cleared or removed by
					 development activities shall be revegetated within 10 days from the substantial
					 completion of such clearing and construction. Acceptable revegetation shall
					 consist of the following:
(1) Reseeding with
					 an annual or perennial cover crop accompanied by placement of straw mulch or
					 its equivalent of sufficient coverage, but not less than 50 percent of the
					 total disturbed area, to control erosion until such time as the cover crop is
					 established over 90 percent of the seeded area.
(2) Replanting with native woody and
					 herbaceous vegetation accompanied by placement of straw mulch or its equivalent
					 of sufficient coverage to control erosion until the plantings are established
					 and are capable of controlling erosion.
(3) Any other recognized method which has
					 been reviewed and approved as satisfying the intent of this
					 requirement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.11 - Maintenance of stormwater control facilities under stormwater regulatory programs

Current through Register Vol. 46, No. 28, July 10, 2024
Stormwater control measures shall include, at a minimum,
						provisions for the future maintenance of the site, consistent with the
						following:
(a) Applicability. Where it
					 is deemed necessary by the commission, prior to issuance of a permit for any
					 project, a stormwater management maintenance agreement may be
					 required.
(b) Purpose. The
					 stormwater management maintenance agreement shall ensure that stormwater
					 control facilities are maintained in working condition throughout the life of
					 the project.
(c) Requirements. The
					 stormwater management maintenance agreement shall satisfy the following
					 requirements:
(1) be in writing and be
					 executed by each owner of the project and the municipality, and shall bind the
					 owner(s), their successors and assigns to future maintenance of stormwater
					 control facilities serving the project;
(2) be binding on all owners of lands within
					 the project and all parties to the agreement, their successors and assigns for
					 the life of the project;
(3)
					 include provisions to raise, maintain and expend funds for necessary
					 maintenance and repair functions over the life of the project;
(4) provide that if maintenance and repair
					 activities are not performed in compliance with its terms, the municipality
					 shall be entitled to perform or contract for the necessary services and charge
					 the then current project owners for the cost thereof, including any related
					 legal fees and disbursements; and
(5) provide for timely and routine
					 inspections to be performed on all stormwater control facilities at intervals
					 of no less than five years, and that written reports of these inspections shall
					 be filed with the municipality and with the commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.12 - Criteria for issuance of permits in stormwater regulatory programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
					 may be approved, denied, or approved with modifications or conditions,
					 including modifications to nonstormwater aspects of the development necessary
					 to achieve the required level of stormwater management.
(b) No stormwater management permit shall be
					 issued unless the following findings are made and are supported by substantial
					 evidence. The facts supporting such findings shall be set forth in the decision
					 document or permit. The issued permits shall set forth all required conditions
					 and incorporate all necessary documents and maps.
(1) That the project meets the design
					 requirements and performance standards set forth in Environmental Conservation
					 Law, section 43-0112, this Subpart and the municipality's stormwater regulatory
					 program, if applicable.
(2) That
					 the project will not have an undue adverse impact on the health, safety and
					 welfare of the public or on the resources of the Lake George park and will not
					 lead to a diminution of water quality, an increase in erosion, or an increase
					 in stormwater runoff from the site either during or following
					 construction.
(3) That the
					 stormwater control measures proposed for the proposed project will function as
					 designed and that such measures represent the best possible methods and
					 procedures for controlling stormwater runoff that is feasible and practicable
					 at the particular project site.
(4)
					 That adequate and sufficient measures have been taken to ensure accountability
					 and responsibility over the life of the project should the stormwater control
					 measures not function as intended, fail, or suffer from inadequate maintenance
					 to ensure its proper functioning.
(5) That the proposed project will not
					 contribute to flooding, siltation or streambank erosion and will not result in
					 any increase, directly or indirectly, in pollution to Lake George or its
					 tributaries from stormwater runoff.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.17 - Stormwater management plan requirements in areas where development is occurring

Current through Register Vol. 46, No. 28, July 10, 2024
Each stormwater management plan shall, at a minimum,
						include the following elements for those areas where new land use and
						development, including redevelopment, is occurring or where, under applicable
						zoning or other land use controls, new land use and development may occur in
						the future:
(a) Maps of individual
					 parcels and general land areas where development is occurring or may occur in
					 the future delineating the location and capacity of the existing stormwater
					 infrastructure serving those parcels or areas, including community storm-sewers
					 and human-made retention and detention control structures as well as natural
					 stormwater control features. Such maps shall also depict major roads, streams,
					 watersheds, ponds, wetlands, land use zones, soil types and areas with slopes
					 generally greater than 15 percent and delineate, within each watershed, lands
					 having potential for use as dedicated stormwater recharge areas. The commission
					 shall establish standardized map formats and uniform scales to be used by the
					 municipalities to promote the goal of a consistent planning reference for the
					 park.
(b) A method for evaluating
					 potential stormwater recharge areas on the basis of existing land use, soil
					 profile, slope and bedrock characteristics, and similar factors related to the
					 protection of public health and safety and the maintenance of water
					 quality.
(c) Measures that the
					 community intends to adopt to protect potential stormwater management areas so
					 as to preserve such areas for treating and infiltrating stormwater runoff.
					 These areas may be preserved and protected by fee acquisition, gifts,
					 easements, use and density restrictions such as zoning, or other appropriate
					 methods.
(d) A means of entering
					 into agreements with other municipalities to use common areas within a
					 watershed for stormwater infiltration purposes, subject to review by the
					 commission.
(e) An evaluation of
					 the long-term capability to control stormwater and a description of steps,
					 including acquisition, easement or regulatory control, proposed to be
					 undertaken to protect natural stormwater control features such as streams,
					 ponds and wetlands.
(f) Proposed
					 amendments to existing land use planning controls, if necessary, to ensure that
					 permitted development is consistent with stormwater management standards set
					 forth in this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.19 - General requirements for stormwater regulatory programs

Current through Register Vol. 46, No. 28, July 10, 2024
Each municipality shall adopt a stormwater regulatory
						program which shall include permit requirements, standards, compliance
						mechanisms and enforcement provisions governing the design, construction,
						operation and maintenance of stormwater management facilities.
(a) Each municipality's stormwater regulatory
					 program shall be designed to do the following:
(1) prevent any increase in stormwater runoff
					 from any development in order to reduce flooding, siltation, and streambank
					 erosion;
(2) prevent any increase
					 in pollution caused by stormwater runoff from development which would otherwise
					 degrade the quality of water in Lake George and its tributaries and render it
					 unfit for human consumption, interfere with water based recreation or adversely
					 affect aquatic life; and
(3) ensure
					 that the total annual volume of surface water runoff which flows from any
					 specific site during and following development shall not exceed that which
					 prevailed prior to development.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.1 - Purpose and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish permit
						requirements and standards for the protection of stream corridors within the
						Lake George Park; to preserve the water quality of Lake George and its
						tributaries; to protect the riparian and aquatic ecosystems of streams within
						the Lake George Park; and to provide for the environmentally sound use of the
						Lake George Park's land resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Terms used in
					 this Article shall have the meaning set forth in 6 NYCRR 645-2 and 6 NYCRR
					 646-4.4 except the following terms, as used in this Subpart, shall mean:
(1) Designated stream corridor means the
					 stream bed and the area extending thirty-five (35) feet from the high water
					 mark on each side of a stream.
(2)
					 Existing development means buildings, structures, impervious areas, landscaped
					 areas, utilities, and accessory structures present on the effective date of
					 this Subpart.
(3) High Water Mark
					 (HWM) of a stream means a line along the banks of a stream that is the
					 approximate seasonal peak water level as indicated by the cut of the bank and
					 the demarcation between terrestrial and aquatic vegetation. For the purpose of
					 determining the high water mark, ponds of one acre or less within the stream
					 shall be included.
(4) Landscaped
					 area means an area of vegetation which has been actively maintained as a lawn,
					 garden, hedge, or planting bed.
(5)
					 Stream means a AA-special perennial stream designated or mapped by the
					 Department.
(6) Stream bed means
					 the flow area of a stream at and below the high-water mark of a
					 stream.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
					 undertake development, land disturbance, or land clearing in a designated
					 stream corridor without first receiving a permit pursuant to this
					 Subpart.
(b) No person shall
					 disturb the stream bed of any stream without first receiving a permit pursuant
					 to this Subpart.
(c) No person
					 shall discharge, throw, or abandon any foul, noxious or deleterious substance
					 into a stream or designated stream corridor.
(d) No person shall fail to conform to any
					 permit issued pursuant to this Subpart.
(e) No person or owner of real property
					 located within the Lake George Park shall create or maintain a condition on
					 such property, which due to a human disturbance of land or vegetative cover, or
					 soil, results in the erosion of soil into any water body or designated stream
					 corridor. Such condition shall be a violation of this Article with an
					 additional violation for each day the condition continues.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.4 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permit
					 requirements in 6 NYCRR 646-5.3shall not apply to any of the following:
(1) Emergency actions necessary to protect
					 the public health, safety or welfare or to prevent damage to private property
					 for which notice is provided to the Commission within 72 hours after the
					 emergency action.
(2) Any project
					 that received required approvals prior to the effective date of this
					 Subpart.
(3) Projects located
					 entirely outside the Lake George watershed.
(4) Maintenance of structures, utility
					 rights-of-way, impervious areas and landscaped areas existing on the effective
					 date of this Subpart, which do not increase the footprint of existing
					 development, do not involve stream crossings, and do not require disturbance to
					 the stream bed.
(5) Removal of
					 storm damaged trees that are a hazard to people or buildings.
(6) Construction of a fence.
(7) Agricultural and silviculture activities
					 exempted by 6 NYCRR 646-4.6 and 6 NYCRR 646-5.5 of this Part, respectively.
					 Note, though permit requirements are waived, any activity in a stream corridor
					 must comply with all design standards of 6 NYCRR 646-5.7 and 6 NYCRR 646-5.8,
					 except as noted in 6 NYCRR 646-5.5 below.
(8) Any activities that conform with the
					 standards of 6 NYCRR 646-5.8 to the maximum extent practicable, and for which a
					 permit or authorization has been issued by the Department pursuant to the
					 processes, procedures, and standards set forth in 6 NYCRR 608 shall be exempt
					 from 6 NYCRR 646-5.3(b) above.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.5 - Provisions Relating to Silviculture Activity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permit requirements in 6 NYCRR
					 646-5.3 shall not apply to silviculture activity provided all of the following
					 are met:
(1) the project qualifies for
					 exemption from stormwater regulations at 6 NYCRR 646-4.6, and the property
					 owner, their agents or assigns, provides a completed notice of intent to
					 harvest timber checklist to the Commission a minimum of fifteen (15) days in
					 advance of starting land disturbance or vegetation removal, and posts a copy of
					 the notice of intent to harvest timber checklist in a conspicuous location at
					 the access to the property to be harvested,
(2) the project complies with the Standards
					 for the Protection of Designated Stream Corridors at 6 NYCRR 646-5.7(a) of this
					 Subpart,
(3) any stream crossings
					 are authorized by the Department's General Permit for Temporary
					 Bridges/Culverts for Logging Activities. The conditions of the Department's
					 General Permit for Temporary Bridges/Culverts for Logging Activities shall
					 control over standards for Stream Crossings and Stream Bed Disturbances at 6
					 NYCRR 646-5.5,
(4) except as
					 necessary for stream crossings, there shall be no wood roads, skid trails, or
					 log landings within designated stream corridors
(5) the number of crossings per site shall
					 not exceed one per 1,000 feet of stream
(6) the project is in accordance with the New
					 York State Forestry Voluntary Best Management Practices for Water Quality: BMP
					 Field Guide 2018 Edition (nysbmpguidelines.com).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-5 - Stream Corridor Management Regulations for the Lake George Park › Section 646-5.6 - Project Classification

Current through Register Vol. 46, No. 28, July 10, 2024
Minor and Major project classifications established in 6
						NYCRR 646-4.7 shall apply to any project that requires a permit pursuant to
						this Article.