2007-094�CQPY
2007-94
Resolution Introducing Local Law No. of the Year 2007, Creating Chapter 213 of the
Town Code, `Municipal Stormwater Management"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 14,
2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, federal regulations for small Municipal Separate Storm Sewer Systems
(MS4) promulgated by the United States Environmental Protection Agency pursuant to the Clean
Water Act (33 U.S.C. § 1251 et seq.) require the Town of Wappinger to adopt legislation to
control discharge of pollutants into the waters of the United States; and
WHEREAS, New York State Department of Environmental Conservation SPDES
General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
Permit No. GP -02-02 requires the Town of Wappinger to adopt minimum control measures for
stormwater discharges into the waters of the United States and the State of New York; and
WHEREAS, the New York State Department of Environmental Conservation requires
that the Town ensure that land development activities will conform to the requirements of the
State Pollutant Discharge Elimination System (SPDES) General Permit for Construction
Activities GP -02-01; and
WHEREAS, minimizing the flow of stormwater runoff from land development activities
will reduce flooding, reduce siltation, reduce stream bank erosion and maintain the integrity of
stream channels; and
WHEREAS, illicit discharges and illicit connections to the MS4 system harm the
residents of the Town by polluting its waters and it is necessary to authorize the Town to inspect
and monitor for such illicit discharges and connections; and
WHEREAS, the Town Board intends to establish penalties and enforcement mechanisms
in order to protect the MS4 system and reduce water pollution; and
WHEREAS, the Town Board recognizes that public awareness of the adverse
environmental impacts and hazards involved in the improper discharge of trash, yard waste, lawn
chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint
products, hazardous waste, sediment and other pollutants into the MS4 should be promoted; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens,
the property, the waters and the environment of the Town of Wappinger to adopt a Local Law to
address the above referenced issues of concern; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
action pursuant to Article 8 of the Environmental Conservation Law, and Part 617 of the
NYCRR (commonly known as "SEQRA") and Local Law No. 6 of 1992 (the Town's
Environmental Quality Review Law which establishes locally designated actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and that the Town Board is therefore the Lead
Agency for purposes of SEQRA review.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby introduces for adoption Local
Law No.of the Year 2007 in the form annexed hereto.
3_ The Town Board hereby determines that the enactment of the aforesaid Local
Law is an Unlisted Action pursuant to the provisions of New York State Environmental Quality
Review Act (SEQRA), 6 NYCRR Part 617 and Local Law No.6 of 1992 (WEQR). The Town
Board defers its decision to make a determination of significance pursuant to SEQRA until after
the conclusion of the Public Hearing.
4. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. of the Year 2007 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 11th day of June, 2007, at 7:30 P.M. and that the Town Clerk be directed
to post and publish the Notice of Public Hearing in the form annexed hereto.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
5/14/2007
The Resolution is hereby duly declared adopted.
60 C /UAPZ��l
Z�PHN C. UASTERSON, TOWN CLERK