The purpose of this chapter is to provide for
the health, safety, and general welfare of the citizens of the Village
of Manlius (Village) through the regulation of nonstormwater discharges
to the storm drainage system to the maximum extent practicable as
required by federal and state law. This chapter establishes methods
for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process and the State Pollutant Discharge Elimination System (SPDES).
The objectives of this chapter are:
A. To meet the requirements of the SPDES General Permit
for Stormwater Discharges from the MS4, issued by the NYS Department
of Environmental Conservation (the "Department").
B. To regulate the contribution of pollutants to the
MS4 by discharges of pollutants that the system is not designed to
accept or process; or discharge nonstormwater wastes, by any user.
C. To prohibit illicit connections and discharges to
the MS4.
D. To establish legal authority to carry out required
inspection, surveillance and monitoring procedures necessary to ensure
compliance with this chapter.
E. To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
wastes, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous wastes, sediment and other pollutants into
the MS4.
For the purposes of this chapter, the following
shall mean:
AUTHORIZED ENFORCEMENT AGENCY/AGENTS
The Code Services Administrator, the Superintendent of the
Department of Public Works, and other employees or designees of the
Mayor of the Village of Manlius (Mayor).
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. § 621
et seq.), and any subsequent amendments thereto.
CODE SERVICES ADMINISTRATOR
The person or persons designated by the Village to provide
Zoning Code administration, enforcement and related services.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity issued by the
Department, as amended or revised. These activities include construction
projects resulting in land disturbance of one or more acres or cumulatively
resulting in one acre or more. Such activities include but are not
limited to clearing and grubbing, grading, excavating, and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIAL
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 CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to any conveyances which allow any nonstormwater discharge,
including sewage, process wastewater, and wash water, to enter the
storm drain system and any connections to the MS4 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 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.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
INDUSTRIAL ACTIVITY
Activities subject to the SPDES permit for the Discharges
from Industrial Activities Except Construction, GP-98-03, as amended
or revised.
MUNICIPAL SEPARATE STORMWATER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Village and designed or used for collecting or conveying stormwater,
and not used for collecting or conveying sewage.
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
Anything which causes or contributes to pollution, including
but not limited to dredged spoil; filter backwash; solid waste; incinerator
residue; treated or untreated sewage, garbage, sewage sludge; munitions;
chemical wastes; biological materials; radioactive materials; paints,
varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building or structure; and noxious or offensive
matter of any kind; discarded equipment or objects, 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
Conditions which meet any of the following requirements:
A.
Discharge compliance with water quality standards.
The condition that applies where a municipality has been notified
that the discharge of stormwater authorized under its MS4 permit may
have caused or has the reasonable potential to cause or contribute
to the violation of any 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 Village's
MS4 permit that applies where the MS4 discharges into a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase in the listed pollutant of concern to the 303(d)
listed water(s).
C.
Total maximum daily load (TMDL) strategy. The
condition in the Village's MS4 permit where a TMDL, including requirements
for control of stormwater discharges, has been approved by EPA for
a water body or watershed into which the MS4 discharges.
D.
The condition in the Village's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which an MS4 discharges. Under this condition,
the Village must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the Village must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern in the
TDML is achieved.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, including rainwater,
surface runoff, snowmelt and drainage.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
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 (TMDL)
The maximum amount of 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
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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.
The Code Services Administrator shall administer,
implement, and enforce the provisions of this chapter. Any powers
granted or duties imposed upon the Code Services Administrator may
be delegated in writing by the Mayor to persons or entities acting
in the beneficial interest of or in the employ of the Village.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the Village's MS4. 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. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F. Contamination of off-site groundwater.
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 Code Services Administrator prior to the
allowing of discharges to the MS4.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
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
stormwater, the MS4, or state waters, 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 authorized enforcement agency
in person or by phone or facsimile no later than the next business
day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Code Services Administrator within
three business days of the phone 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 as required by the state
record retention schedule.
In the event the alleged violator fails to take
the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within 10 days, or
such greater period as the Code Services Administrator shall deem
appropriate, the Code Services Administrator may impose a penalty
not to exceed $350 per violation for each day the violation remains
unremediated after receipt of the notice of violation.
Any person receiving a notice of violation may
appeal the determination of the Code Services Administrator. The notice
of appeal must be received by the Village Clerk within five days from
the date of the notice of violation. Hearing on the appeal before
the Village Board shall take place within 30 days from the date of
receipt of the notice of appeal. The decision of the Village Board
shall be final.
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 10 days of the decision of the Village
Board upholding the decision of the Code Services Administrator, then
representatives of the Code Services Administrator shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within five days.
If the amount due is not paid within a timely manner as determined
by the decision of the Village Attorney or by the expiration of the
time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
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 Code Services Administrator 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.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this chapter, the Code Services Administrator,
upon recommendation of the Village Attorney, may impose upon the violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc. This would
be available where the violation was unintentional, the violator has
no previous violations of this chapter, environmental damage was minimal,
the violator acted quickly to remedy the violation and the violator
cooperated in the investigation and resolution.
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.
Any person that has violated or continues to
violate this chapter shall be liable to criminal prosecution to the
fullest extent of the law, and shall be subject to a criminal penalty
of $350 per violation per day and/or imprisonment for a period of
time not to exceed 60 days. The Code Services Administrator may recover
all attorneys' fees, court costs and other expenses associated with
enforcement of this chapter, including sampling and monitoring expenses.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or other law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
The Village has the right to require any developer,
home owner, business owner, property owner or responsible party ("property
owner") to post a bond, letter of credit or cash in an amount to be
determined by the Code Services Administrator and the Village Engineer
to be held in escrow in the event that the Village has to undertake
remediation work for any illicit/illegal discharge by said property
owner or pay the cost of fines assessed to the Village for any illicit/illegal
discharges by said property owner.