[HISTORY: Adopted by the Board of Trustees of the Village of Mill
Neck 12-5-2006 by L.L. No. 2-2006. Amendments
noted where applicable.]
A.
It is the intent of this chapter to prohibit illicit
discharges, activities, and connections to the Village of Mill Neck separate
storm sewer system that will satisfy the relevant part of the Phase II stormwater
management requirements of the National Pollutant Discharge Elimination System
regulations, administered by New York State through the State Pollutant Discharge
Elimination System regulations, and to provide for the health, safety, and
general welfare of the citizens of the Village through the regulation
of nonstormwater discharges to the 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 MS4s.
B.
The objectives of this chapter are:
(1)
To meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02 or as amended or
revised;
(2)
To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process, or discharge nonstormwater
wastes;
(3)
To prohibit illicit connections, activities, and discharges
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance, and monitoring procedures necessary to ensure compliance with
this chapter; and
(5)
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.
A.
For the purposes of this chapter, certain terms and words
are hereby defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include the singular;
the word "shall" is mandatory.
B.
BEST MANAGEMENT PRACTICES
BMP
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
DEC
DESIGN PROFESSIONAL
EPA
HAZARDOUS MATERIALS
ILLICIT CONNECTIONS
(1)
(2)
ILLICIT DISCHARGE
INDUSTRIAL ACTIVITY
MS4
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NONSTORMWATER DISCHARGE
NYCRR
PERSON
POLLUTANT
PREMISES
SMO
SPECIAL CONDITION
(1)
(2)
(3)
(4)
SPDES
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE
STORM WATER SEWER SYSTEMS GP-02-02
SPDES STORMWATER DISCHARGE PERMIT
STATE
STORMWATER
STORMWATER MANAGEMENT OFFICER
303(d) LIST
TMDL
TOTAL MAXIMUM DAILY LOAD
WASTEWATER
As used in this chapter, the following terms shall have
the meanings indicated:
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.
Best Management Practice (see definition of "best management practices").
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
An activity 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 acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
A professional engineer or architect licensed by the state.
The United States Environmental Protection Agency.
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.
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 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
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.
Any direct or indirect nonstormwater discharge to the MS4, except
as exempted in this chapter.
An activity requiring a SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
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):
Any discharge to the MS4 that is not composed entirely of stormwater.
New York Code, Rules, and Regulations.
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.
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 pertinent standards promulgated
by the federal government, the state, the Village, or any other municipality
or department thereof, having legal jurisdiction to impose such standards.
Any building, lot, parcel of land, or portion of land whether improved
or unimproved, including adjacent sidewalks and parking strips.
The Stormwater Management Officer (see definition of "stormwater
management officer").
Discharge compliance with water quality standards. A condition that
applies when 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.
303(d) listed waters. A condition in the Village's MS4 permit that
applies when 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.
Total maximum daily load strategy. A condition in the Village's
MS4 permit where a TMDL including requirements for control of stormwater discharges
has been approved by the EPA for a water body or watershed into which the
MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater
allocations prior to September 10, 2003, the Village was required to modify
its stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
A 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 such 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 specified
in the TMDL is achieved.
State pollutant discharge elimination system.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA-established water
quality standards and/or to specify stormwater control standards.
A permit issued by the DEC that authorizes the discharge of pollutants
to waters of the state.
The State of New York.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, or his designee, as the designated officer
of the Village to enforce this chapter.
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 DEC 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 (see definition of "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.
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 SMO shall administer, implement, and enforce the provisions of this
chapter.
A.
Prohibition of illicit discharges. No person shall discharge
or cause to be discharged into the MS4 any materials other than stormwater.
The commencement, conduct, or continuance of any illegal discharge to the
MS4 is prohibited, except as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless the DEC 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 groundwater, 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. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMO 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 SMO 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 Village
laws is an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under a SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of DEC, 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 DEC 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 Village's MS4,
or allows such a connection to continue.
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.
B.
Upon notification to a person that such person is engaged
in activities that cause or contribute to violations of the Village's
MS4 SPDES permit authorization, such person shall immediately commence and
continue thereafter with all due diligence to take all reasonable actions
to correct such activities such that such person no longer causes or contributes
to violations of the Village's MS4 SPDES permit authorization.
A.
Best management practices.
(1)
Where the SMO has identified illicit discharges or activities
contaminating stormwater, the Village may require implementation of BMPs to
control those illicit discharges and activities.
(2)
The owner or operator of a commercial or industrial establishment
shall provide, at its own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the MS4 through the use of structural
and nonstructural BMPs.
(3)
Any person responsible for a property or premises, which
is, or may be, the source of an illicit discharge or an activity contaminating
stormwater, 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.
(4)
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 section.
B.
Individual sewage treatment systems.
(1)
Response to special conditions requiring no increase
of pollutants or requiring a reduction of pollutants.
(a)
Where individual sewage treatment systems are contributing
to the Village's being subject to special conditions, the owner or operator
of such individual sewage treatment systems shall be required to:
[1]
Maintain and operate individual sewage treatment systems
as follows:
[a]
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee.
[b]
Avoid the use of septic tank additives.
[c]
Avoid the disposal of excessive quantities of detergents,
kitchen wastes, laundry wastes, and household chemicals; and
[d]
Avoid the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash, and other such items.
[e]
Most tanks should be pumped out every two years to three
years. However, pumping may be more or less frequent depending on use. Inspection
of the tank for cracks, leaks and blockages should be done by the septage
hauler at the time of pumping of the tank contents.
[2]
Repair or replace individual sewage treatment systems
as follows:
[a]
In accordance with 10 NYCRR Appendix 75A, as the same
may be amended or superseded from time to time, to the maximum extent practicable.
[b]
A design professional shall prepare design plans for
any type of absorption field that involves:
[c]
A written certification of compliance with the regulations
shall be submitted by the design professional to the Village at the completion
of construction of the repair or replacement system.
A.
Suspension of access to MS4. The SMO 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 SMO 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 SMO 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 its MS4 access terminated if such termination would abate or reduce
an illicit discharge. The SMO will notify a violator in writing of the proposed
termination of its MS4 access and the reasons therefor. The violator may petition
the SMO for a reconsideration and hearing. Access may be granted by the SMO
if the SMO finds that the illicit discharge has ceased and the discharger
has taken steps to prevent its recurrence. Access may be denied if the SMO
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 subsection, without the prior approval
of the SMO.
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 SMO
prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO 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 SMO 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
SMO.
(2)
Facility operators shall allow the SMO 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
SMO, 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.
(5)
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.
(6)
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.
(7)
If the SMO has been refused access to any part of the
premises from which stormwater is discharged, and the SMO 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 SMO may seek issuance of a search warrant
from the Village Court or, at its option, any other court of competent jurisdiction.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
Notice of violation. When the SMO, his designee, or other
designee of the Board of Trustees determines that a person has violated a
prohibition or failed to meet a requirement of this chapter, the SMO or such
designee may order compliance by written notice of violation to the responsible
person.
(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.
(2)
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. Said notice shall further advise
that, should the violator fail to remediate or restore within the established
deadline, the Village may perform the remediation or restoration and the cost
thereof shall become a lien upon the land until paid and, if not paid, at
the option of the Mayor, may be added to the current tax bill for the subject
premises and collected in the same manner and with the annual Village real
estate taxes.
B.
Violations. Any activity that is commenced or is conducted
contrary to this chapter may be restrained by injunction or otherwise abated
in a manner provided by law.
C.
Penalties. 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. For the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall be considered
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.
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.
If the provisions of any article, section, subsection, paragraph, subdivision,
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate the remainder
of any article, section, subsection, paragraph, subdivision, or clause of
this chapter.
