New York State Department of Environmental Conservation has a program for the control of storm water discharges entering to the ground waters and surface waters of the United States; this program is known as the State Pollutant Discharge Elimination System or SPDES.
The Town of North Hempstead is required to comply with the Phase II SPDES General Permit for discharges from small municipal seperate storm sewer systems, which is known as the MS4 Storm Water Discharge permit. To operate the storm water drainage system in the most efficient and responsible manner the Town works to reduce and control the amount and type of pollutants that end up discharging into the waterways.
Stormwater runoff is the excess rain or melted snow that cannot be absorbed by the soil and flows off of roofs, across properties, parking lots, and streets. It becomes non-point source pollution when it picks up contaminants along the way such as litter, fertilizer, and car oils, and enters a storm drain system where it is transported to a waterbody. Stormwater runoff has been identified by the Environmental Protection Agency (EPA) as a major contributor of pollution to our watercourses, waterbodies and wetlands, and is also a concern for flooding.
Storm drains are the grate openings you see along curbs, streets and parking lots. Their purpose is to collect stormwater runoff and direct it through a conveyance system to a discharge point such as a stream or creek. A sanitary sewer, on the other hand, takes household waste water from toilets, sinks and showers and transports it to a wastewater treatment facility where the water is treated thoroughly before it is released.
The Town has developed a Storm Water Management Plan (SWMP) which includes both local laws contained in the Town code as well as other steps to reduce pollutants in daily operations. The ordinance aims to reduce the amount of pollutants which enter into storm drains and ultimately the creeks, streams and coastal waterways.
Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney.
The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
The Town Board shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement." The Town Board, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.