1. (1) All stormwater pollution prevention plans shall provide the following information and erosion and sediment controls:

   1. (i) background information about the scope of the project, including location, type and size of project;
   2. (ii) site map/construction drawing(s) for the project, including a general location map. At a minimum, the site may should show the total site area: all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s). Site map should be at a scale no smaller than 1″=100′ (e.g., 1″=500″ is smaller than 1″=100″);
   3. (iii) description of the soil(s) present at the site;
   4. (iv) construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
   5. (v) description of the pollution prevention measures that will be used to control liter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
   6. (vi) description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill-prevention and response;
   7. (vii) temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project form initial land clearing and grubbing to project close-out;
   8. (viii) a site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
   9. (ix) dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
   10. (x) temporary practices that will be converted to permanent control measures;
   11. (xi) implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
   12. (xii) maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
   13. (xiii) name(s) of the receiving water(s);
   14. (xiv) delineation of SWPPP implementation responsibilities for each part of the site;
   15. (xv) description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
   16. (xvi) any existing data that describes the stormwater runoff at the site.

2. (2) Land development activities and meeting condition "A", "B" or "C" below shall also include water quantity and water quality controls (and post-construction stormwater runoff controls) below as applicable:

   Condition A - Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the N.Y.S.D.E.C.'s 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

   Condition B - Stormwater runoff from land development activities disturbing five or more acres.

   Condition C - Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

3. (3) SWPPP requirements for condition A, B and C shall include:

   1. (i) all information in section 10075.5(q)(1) of this Part;
   2. (ii) description of each post-construction stormwater management practice;
   3. (iii) site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
   4. (iv) hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; and
   5. (v) comparison of post-development stormwater runoff conditions with pre-development conditions.

4. (4) Technical standards. For the purpose of these regulations, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by these regulations:

   1. (i) The new York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the design manual).
   2. (ii) New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual).
   3. (iii) Equivalence to technical standards. Where stormwater management practices as not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in article 2, section 3.1 and the SWPPP shall be prepared by a licensed professional.

5. (5) Contractor certification.

   1. (i) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
   2. (ii) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
   3. (iii) The certification statement(s) shall become part of the SWPPP for the land development activity.
6. (6) A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

(a) Permits.

No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City of Buffalo, Division of Engineering, with the approval of B.S.A. endorsed thereon, for such connection and, if required, pay either a permit fee or connection charge.

(b) Permit charges.

A permit and inspection fee for residential or commercial building sewer permits and for industrial building sewer permits shall be paid to the B.S.A. at the time the application for the permit is filed. These charges are intended to cover the administrative costs of processing the application. These charges and fees are outlined in the latest edition of B.S.A.'s Schedule of Sewer Rents and Other Charges (see Appendix 52 of this Title).

(c) Notification of completion.

The applicant for the building sewer permit shall notify the B.S.A. principal engineer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Buffalo Sewer Authority.

(d) Joints.

Every joint in the connection to a sanitary sewer or storm sewer shall conform to the N.Y.S.D.E.C. requirements and be made water tight so that no leakage into or out of such connections shall occur.

(e) Inspection.

No sewer facility, other than building service sewers, shall be constructed in the City of Buffalo except by the Buffalo Sewer Authority, or by others in accordance with plans and specifications approved by the Buffalo Sewer Authority, and subject to inspection during construction by engineers and employees of the Buffalo Sewer Authority. No sanitary or storm sewer shall be considered to be a part of the public sewer system of the Buffalo Sewer Authority or City of Buffalo unless the board of the Buffalo Sewer Authority duly adopts a resolution of completion and acceptance thereof.

(f) Expiration of plans.

An approval of plans for construction of sewer facilities shall expire one year after the date of approval unless construction has been initiated and completed within a reasonable time thereafter.

(g) Special drains.

Drains receiving acid waste shall be constructed of acid-resisting material. Such drains located outside of a building shall be constructed of vitrified clay or earthware pipe or other approved acid-resisting material. Joints shall be constructed by caulking with asbestos rope wicking and by pouring a heated sulphur and carbon compound or a heated bituminous compound in such a manner as to secure tight joints.

(h) Classes of connection permits.

There shall be two classes of connection permits: (1) for service to domestic users; and (2) for service to commercial and industrial users. In either case, the owner or his agent shall make application on a special form furnished by the Buffalo Sewer Authority. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the general manager.

(i) Connection costs.

All costs and expenses incident to the installation and connection of the building service sewer shall be borne by the owner. The owner shall indemnify and hold harmless the City of Buffalo and the Buffalo Sewer Authority from any loss or damage that may directly or indirectly be occasioned by the installation of the building service sewer or any connection to the public sewer.

(j) Separate connections.

A separate and independent building service sewer shall be provided for every building in residential and commercial areas, except that where one building stands at the rear of another on an interior lot, and no private sewer is available, or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building service sewer from the front building may be extended to the rear building and the whole considered as one building service sewer.

(k) Use of existing sewers.

Old or existing building service sewers may be used in connection with new buildings only when they are found, on examination by the B.S.A. to meet all requirements of these regulations and the Code of the City of Buffalo for property located in the City of Buffalo.

(l) Specifications.

The size, slope, alignment, materials of construction of a building service sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Buffalo. In the absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 (Design and Construction of Sanitary and Storm Sewers) or other comparable manual or organization designated by the general manager shall apply.

(m) Elevation of sewers.

Whenever possible, the building service sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which below floor building drains are too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drains shall be lifted by means established in standard engineering practice to a suitable level and then discharged to the building service sewer, or the building drain may be hung on the cellar wall and shall not be less than four inches in diameter.

(n) Connection of roof and foundation drains.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other sources of surface runoff or groundwater to a building service sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(o) Public safety.

All excavations for building service sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored by the permittee in a manner satisfactory to the City of Buffalo.

(p) Prohibition of illicit connections.

The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the part, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this regulation if the person connects a line conveying sewage to the municipality's MS4, or allows a connection to continue.

(q) Stormwater pollution prevention plans.

Except with the approval of the general manager, or as otherwise provided in these regulations, no application for a BPDES permit, or for connection to the public sewer system shall be reviewed or approved by the B.S.A., until the B.S.A. has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this regulation.