§ 80-1. Purpose and
intent.
The purpose
of this chapter is to provide for the health, safety, and general welfare of
the citizens of the Village of New York Mills through the regulation of
non-stormwater discharges to the municipal separate storm sewer system (MS4) to
the maximum extent practicable as required by federal and state law. This
chapter establishes methods for controlling the introduction of pollutants into
the MS4 in order to comply with requirements of the SPDES General Permit for
Municipal Separate Storm Sewer Systems. The objectives of this chapter
are:
A. To
meet the requirements of the SPDES General Permit for Stormwater Discharges
from MS4s, Permit No. GP-02-02, or as amended or revised;
B. To
regulate the contribution of pollutants to the MS4, since such systems are not
designed to accept, process or discharge non-stormwater wastes;
C. To
prohibit illicit connections, activities and discharges to the MS4;
D. To
establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this chapter;
and
E. To
promote public awareness of the 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.
§ 80-2. Definitions.
Whenever
used in this chapter, unless a different meaning is stated in a definition
applicable to only a portion of this chapter, the following terms will have
meanings set forth below:
BEST
MANAGEMENT PRACTICES (BMPS) -- Schedules
of activities, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or
stormwater-conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
CLEAN WATER
ACT -- The Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION
ACTIVITY -- Activities requiring
authorization under the SPDES Permit for Stormwater Discharges From
Construction Activity GP-02-01 as amended or revised. These activities include
construction projects resulting in land disturbance of one or more acres. Such
activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
HAZARDOUS
MATERIALS -- Any material, including any
substance, waste, or combination thereof, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics, may cause,
or significantly contribute to, a substantial present or potential hazard to
human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLICIT
CONNECTIONS -- Any drain or conveyance,
whether on the surface or subsurface, which allows an illegal discharge to
enter the MS4, including but not limited to:
A. Any
conveyances which allow any non-stormwater discharge, including treated or
untreated sewage, process wastewater, and wash water to enter the MS4 and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or
B. Any
drain or conveyance connected from a commercial or industrial land use to the
MS4 which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
ILLICIT
DISCHARGE -- Any direct or indirect
non-stormwater discharge to the MS4, except as exempted in § 80-6 of this
chapter.
INDUSTRIAL
ACTIVITY -- Activities requiring the
SPDES Permit for Discharges From Industrial Activities Except Construction
GP-98-03 as amended or revised.
MS4 -- Municipal separate storm sewer
system.
MUNICIPAL
SEPARATE STORM SEWER SYSTEM -- A
conveyance or system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains):
A. Owned
or operated by the Village of New York Mills;
B. Designed
or used for collecting or conveying stormwater;
C. Which
is not a combined sewer; and
D. Which
is not part of a publicly owned treatment works (POTW) as defined at 40 CFR
122.2.
NON-STORMWATER
DISCHARGE -- Any discharge to the MS4
that is not composed entirely of stormwater.
PERSON -- Any individual, association, organization,
partnership, firm, corporation or other entity recognized by law and acting as
either the owner or as the owner's agent.
POLLUTANT -- Dredged spoil, filter backwash, solid
waste, incinerator residue, treated or untreated sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand and industrial,
municipal, agricultural waste and ballast discharged into water; which may
cause or might reasonably be expected to cause pollution of the waters of the
state in contravention of the standards.
PREMISES -- Any building, lot, parcel of land, or
portion of land whether improved or unimproved, including adjacent sidewalks
and parking strips.
SPECIAL
CONDITIONS
A. Discharge
compliance with water quality standards. The condition that applies where a
municipality has been notified that the discharge of stormwater authorized
under their MS4 permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water-quality standard. Under
this condition, the municipality must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water-quality
standards.
B. 303(d)
listed waters. The condition in the municipality's MS4 permit that applies
where the MS4 discharges to a 303(d) listed water. Under this condition, the
stormwater management program must ensure no increase of the listed pollutant
of concern to the 303(d) listed water.
STATE
POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT -- A permit issued by the New York State
Department of Environmental Conservation that authorizes the discharge of
pollutants to waters of the state.
STORMWATER -- Rainwater, surface runoff, snowmelt and
drainage.
303(D)
LIST -- A list of all surface waters in
the state for which beneficial uses of the water (drinking, recreation, aquatic
habitat, and industrial use) are impaired by pollutants, prepared periodically
by the Department of Environmental Conservation as required by Section 303(d)
of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not expected
to improve within the next two years.
TOTAL
MAXIMUM DAILY LOAD -- The maximum amount
of a pollutant to be allowed to be released into a water body so as not to
impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER -- Water that is not stormwater that is contaminated
with pollutants and is or will be discarded.
§ 80-3. Applicability.
This chapter
shall apply to all water entering the MS4 generated on any developed and
undeveloped lands unless explicitly exempted by an authorized enforcement
agency.
§ 80-4. Responsibility
for administration.
The Codes
Enforcement Officer (CEO) or his designee shall administer, implement, and
enforce the provisions of this chapter. Such powers granted or duties imposed
upon the authorized enforcement official may be delegated in writing by the CEO
as may be authorized by the Village.
§ 80-5. Severability.
The
provisions of this chapter are hereby declared to be severable. If any
provision, clause, sentence, or paragraph of this chapter or the application
thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this
chapter.
§ 80-6. Discharge
prohibitions.
A. Prohibition
of illegal discharges. No person shall discharge or cause to be discharged into
the MS4 any materials other than stormwater except as provided herein. The
commencement, conduct or continuance of any illegal discharge to the MS4 is
prohibited, except as described as follows:
(1) The
following discharges are exempt from discharge prohibitions established by this
chapter, unless the Department of Environmental Conservation or the Village has
determined them to be substantial contributors of pollutants: water line
flushing or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising ground water, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation or
footing drains, crawl space or basement sump pumps, air conditioning
condensate, irrigation water, springs, water from individual residential car
washing, natural riparian habitat or wetland flows, dechlorinated swimming pool
discharges, residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants.
(2) Discharges
approved in writing by the CEO to protect life or property from imminent harm
or damage, provided that such approval shall not be construed to constitute
compliance with other applicable laws and requirements, and further provided
that such discharges may be permitted for a specified time period and under
such conditions as the CEO may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this chapter.
(3) Dye
testing in compliance with applicable state and local laws is an allowable
discharge, but requires a verbal notification to the CEO prior to the time of
the test.
(4) The
prohibition shall not apply to any discharge permitted under an SPDES permit,
waiver, or waste discharge order issued to the discharger and administered
under the authority of the Department of Environmental Conservation, provided
that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the MS4.
B. Prohibition
of illicit connections.
(1) The
construction, use, maintenance or continued existence of illicit connections to
the MS4 is prohibited.
(2) This
prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
(3) A
person is considered to be in violation of this chapter if the person connects
a line conveying sewage to the municipality's MS4, or allows such a connection
to continue.
§ 80-7. Prohibition
against failing individual sewage treatment systems.
No persons
shall operate a failing individual sewage treatment system. A failing
individual sewage treatment system is one which has one or more of the
following conditions:
A. The
backup of sewage into a structure.
B. Discharges
of treated or untreated sewage onto the ground surface.
C. A
connection or connections to a separate stormwater sewer system.
D. Contamination
of off-site groundwater.
§ 80-8. Prohibition
against activities contaminating stormwater.
A. Activities
that are subject to the requirements of this chapter are those types of
activities that:
(1) Cause
or contribute to a violation of the Village's MS4 SPDES permit.
(2) Cause
or contribute to the municipality being subject to the Special Conditions as
defined in § 80-2, Definitions, of this chapter.
B. Such
activities include failing individual sewage treatment systems as defined in
§ 80-7, improper management of pet waste or any other activity that causes
or contributes to violations of the Village's MS4 SPDES permit
authorization.
C. Upon
notification to a person that he or she is engaged in activities that cause or
contribute to violations of the Village's MS4 SPDES permit authorization, that
person shall take all reasonable actions to correct such activities such that
he or she no longer causes or contributes to violations of the Village's MS4
SPDES permit authorization.
§ 80-9. Requirement to
prevent, control, and reduce stormwater pollutants by use of best management
practices.
A. Best
management practices. Where the CEO has identified illicit discharges as
defined in § 80-2 or activities contaminating stormwater as defined in
§ 80-8, the Village may require implementation of best management practices
(BMPs) to control those illicit discharges and activities.
(1) The
owner or operator of a commercial or industrial establishment shall provide, at
his or her own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the MS4 through the use of structural
and nonstructural BMPs.
(2) Any
person responsible for a property or premise, which is, or may be, the source
of an illicit discharge as defined in § 80-2 or an activity contaminating
stormwater as defined in § 80-8 may be required to implement, at said
person's expense, additional structural and nonstructural BMPs to reduce or
eliminate the source of pollutant(s) to the MS4.
(3) Compliance
with all terms and conditions of a valid SPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this chapter.
§ 80-10. Suspension of
access to MS4; illicit discharges in emergency situations.
A. The
CEO may, without prior notice, suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, to
the health or welfare of persons, or to the MS4. The CEO shall notify the
person of such suspension within a reasonable time thereafter in writing of the
reasons for the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the CEO may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. Suspension
due to the detection of illicit discharge. Any person discharging to the
Village's MS4 in violation of this chapter may have their MS4 access terminated
if such termination would abate or reduce an illicit discharge. The CEO will
notify a violator in writing of the proposed termination of its MS4 access and
the reasons therefor. The violator may petition the CEO for a reconsideration
and hearing. Access may be granted by the CEO if he/she finds that the illicit
discharge has ceased and the discharger has taken steps to prevent its
recurrence. Access may be denied if the CEO determines in writing that the
illicit discharge has not ceased or is likely to recur. A person commits an
offense if the person reinstates MS4 access to premises terminated pursuant to
this section without the prior approval of the CEO.
§ 80-11. Industrial or
construction activity discharges.
Any person
subject to an industrial or construction activity SPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the Village prior to
the allowing of discharges to the MS4.
§ 80-12. Access to
facilities; monitoring of discharges.
A. Applicability.
This section applies to all facilities that the CEO must inspect to enforce any
provision of this chapter, or whenever the authorized enforcement agency has
cause to believe that there exists, or potentially exists, in or upon any
premises any condition which constitutes a violation of this chapter.
B. Access
to facilities.
(1) The
CEO shall be permitted to enter and inspect facilities subject to regulation
under this chapter as often as may be necessary to determine compliance with
this chapter. If a discharger has security measures in force which require
proper identification and clearance before entry into its premises, the
discharger shall make the necessary arrangements to allow access to the
CEO.
(2) Facility
operators shall allow the CEO ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records as may be
required to implement this chapter.
(3) The
Village shall have the right to set up on any facility subject to this chapter
such devices as are necessary in the opinion of the CEO to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4) The
Village has the right to require the facilities subject to this chapter to
install monitoring equipment as is reasonably necessary to determine compliance
with this chapter. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the
discharger at its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
(5) Unreasonable
delays in allowing the Village access to a facility subject to this chapter is
a violation of this chapter. A person who is the operator of a facility subject
to this chapter commits an offense if the person denies the Village reasonable
access to the facility for the purpose of conducting any activity authorized or
required by this chapter.
(6) If
the CEO has been refused access to any part of the premises from which
stormwater is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this chapter, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this chapter or any order issued hereunder,
then the CEO may seek issuance of a search warrant from any court of competent
jurisdiction.
§ 80-13. Notification
of spills.
Notwithstanding
other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation
has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release of
hazardous materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of a
release of nonhazardous materials, said person shall notify the Village in
person or by telephone or facsimile no later than the next business day.
Notifications in person or by telephone shall be confirmed by written notice
addressed and mailed to the Village within three business days of the telephone
notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall
also retain an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least three
years.
§ 80-14. Enforcement.
A. Violation.
It shall be unlawful for any person to violate any provision or fail to comply
with any requirements of this chapter.
B. Notice
of violation. When the CEO finds that a person has violated a prohibition or
failed to meet a requirement of this chapter, he/she may order compliance by
written notice of violation to the responsible person or may issue an
appearance ticket charging that person with a violation of this chapter.
(1) Such
notice may require, without limitation:
(a) The
elimination of illicit connections or discharges;
(b) That
violating discharges, practices, or operations shall cease and desist;
(c) The
abatement or remediation of stormwater pollution or contamination hazards and
the restoration of any affected property;
(d) The
performance of monitoring, analyses, and reporting;
(e) Payment
of a fine; and
(f) The
implementation of source control or treatment BMPs. If abatement of a violation
and/or restoration of affected property is required, the notice shall set forth
a deadline within which such remediation or restoration must be completed.
(2) Said
notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be charged to
the violator.
C. Appeal
of notice violation. Any person receiving a notice of violation may appeal the
determination of the CEO to the Village of New York Mills Board of Trustees
within 15 days of its issuance, which shall hear the appeal within 30 days
after the filing of the appeal, and, within five days of making its decision,
file its decision in the office of the Village Clerk and mail a copy of its
decision by certified mail to the discharger.
D. Corrective
measures after appeal.
(1) If
the violation has not been corrected pursuant to the requirements set forth in
the notice of violation, or, in the event of an appeal, within five business
days of the decision of the municipal authority upholding the decision of the
CEO, then the CEO shall request the owner's permission for access to the
subject private property to take any and all measures reasonably necessary to
abate the violation and/or restore the property.
(2) If
refused access to the subject private property, the CEO may seek a warrant in a
court of competent jurisdiction to be authorized to enter upon the property to
determine whether a violation has occurred. Upon determination that a violation
has occurred, the CEO may seek a court order to take any and all measures
reasonably necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures shall be the sole
responsibility of the discharger.
§ 80-15. Penalties for
offenses; alternative remedies.
A. Penalties
for offenses. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter shall
be guilty of a violation punishable by a fine not exceeding $350 or
imprisonment for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700, or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed six
months, or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter shall be
deemed misdemeanors and for such purpose only all provisions of law relating to
misdemeanors shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation.
B. Alternative
remedies.
(1) Where
a person has violated a provision of this chapter, he/she may be eligible for
alternative remedies in lieu of a civil penalty, upon recommendation of the
Village Attorney and concurrence of the Municipal Code Enforcement Officer,
where:
(a) The
violation was unintentional.
(b) The
violator has no history of pervious violations of this chapter.
(c) Environmental
damage was minimal.
(d) Violator
acted quickly to remedy violation.
(e) Violator
cooperated in investigation and resolution.
(2) Alternative
remedies may consist of one or more of the following:
(a) Attendance
at compliance workshops.
(b) Storm
drain stenciling or storm drain marking.
(c) River,
stream or creek cleanup activities.
C. Violations
deemed a public nuisance. In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in violation of
any of the provisions of this chapter is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken.
D. Injunctive
relief. It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this chapter. If a person has violated
or continues to violate the provisions of this chapter, the CEO may petition
for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the person to
perform abatement or remediation of the violation.
E. Remedies
not exclusive. The remedies listed in this chapter are not exclusive of any other
remedies available under any application federal, state or local law, and it is
within the discretion of the authorized enforcement agency to seek cumulative
remedies.
