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 the meanings set forth below:
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 as required
by Section 303(d) of the Clean Water Act. Estuaries, lakes and streams that
fall short of state surface water quality standards and are not expected to
improve within the next two years are 303(d) listed waters.
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. Best management practices 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.
DEPARTMENT
The New York State Department of Environmental Conservation.
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 nonstormwater 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 nonstormwater discharge to the MS4, except as exempted in §
172-5 of this chapter.
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 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 Hudson Falls;
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.
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 the Village 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 an applicable water quality standard.
Under this condition, the Village 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 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.
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, if any, in the Village's MS4 permit that applies if a
TMDL is approved in the future by EPA for any water body or watershed into
which an MS4 discharges.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Municipal Engineer or other public official(s) designated
by the Village of Hudson Falls to enforce this chapter. The SMO may also be
designated by the Village to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect stormwater
management practices. Unless otherwise designated by resolution of the Village
Board of the Village of Hudson Falls, the SMO for the Village of Hudson Falls
shall be the same individual serving as the Code Enforcement Officer of the
Village of Hudson Falls.
TMDL
Total maximum daily load.
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.
VILLAGE
The Village of Hudson Falls.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
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 Stormwater Management Officer(s) [SMO(s)] shall administer, implement
and enforce the provisions of this chapter.
No person 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 Village
prior to the allowing of discharges to the MS4.
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.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Board of Trustees of the Village of Hudson Falls 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 Municipal Clerk and mail a copy of its decision
by certified mail to the discharger.
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 SMO 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 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.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state or local law, and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.
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.
This chapter shall take effect immediately upon filing in the office
of the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.