[Adopted 1-7-2008 by L.L. No. 3-2008]
The purpose and intent of this article is to
ensure the health, safety and general welfare of citizens, and protect
and enhance the water quality of watercourses and water bodies in
a manner pursuant to and consistent with the Federal Clean Water Act
(33 U.S.C. § 1251 et seq.) by:
A. Reducing pollutants in stormwater discharges to the
maximum extent practicable;
B. Prohibiting nonstormwater discharges to the storm
drain system; and
C. Prohibiting stormwater discharges to sanitary sewers.
As used in this article, the following terms
shall have the meanings indicated:
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 subject to SPDES Construction Permits. Currently
these 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.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
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.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
156-7 of this article, and any stormwater discharges to the sanitary sewer except as permitted by the Town of Gates.
ILLICIT CONNECTION
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm
drain system, 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 connection
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 a government agency; or
B.
Any drain or conveyance connected from a commercial
or industrial land use to the storm drain system which has not been
documented in plans, maps or equivalent records and approved by the
Town of Gates.
C.
Any stormwater discharge to a sanitary sewer
unless approved by the Town of Gates.
INDUSTRIAL ACTIVITY
Activities subject to SPDES Industrial Permits, as defined
in 40 CFR 122.26(b)(14).
INDUSTRIAL WASTE
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired by-product waste resulting from any process
of industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordinance 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.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRIVATE SEWAGE DISPOSAL 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.
SANITARY SEWER
A sewer which transports sewage and to which stormwater,
surface water and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage with industrial wastes, as defined
above, or other wastes also shall be considered sewage within the
meaning of this definition.
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 municipal
separate storm sewer (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 Town of Gates 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 Town
of Gates' MS4 permit that applies where the Town of Gates 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 Town of Gates' 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 Town of Gates
discharges. If the discharge from the Town of Gates did not meet the
TMDL stormwater allocation prior to September 10, 2003, the Town of
Gates was required to modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
D.
The condition in the Town of Gates' MS4 permit
that applies if a TMDL is approved in the future by EPA for any water
body or watershed into which the Town of Gates discharges: under this
condition the Town of Gates must review the applicable TMDL to see
if it includes requirements for control of stormwater discharges.
If the Town of Gates is not meeting the TMDL stormwater allocations,
the Town of Gates 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.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person 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 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 (TMDL)
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
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
Waters of the United States as defined at 40 CFR 122.2.
WATERS OF THE UNITED STATES
Surface watercourse and water bodies, as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town of Gates. The article
also applies to stormwater entering the sanitary sewers.
The Town of Gates shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Town of Gates may be delegated, in writing,
by the Director of the Town of Gates to persons or entities acting
in the beneficial interest of or in the employ of the agency.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend or imply that compliance by any person will ensure
that there will not be contamination, pollution nor unauthorized discharge
of pollutants.
Any Town of Gates 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 Town of Gates prior
to discharge or as a condition of a subdivision map, site plan, building
permit, or development or improvement plan; upon inspection of the
facility; during any enforcement proceeding or action; or for any
other reasonable cause.
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 the illegal discharge of pollutants into stormwater,
the public or private storm drain system or waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment and cleanup of any such release. In the event a release
of hazardous materials occurs, said person shall immediately notify
the NYSDEC Region 8 Spill Response Team and/or call the NYS Spill
Hotline within the time frame established by law as well as notify
the Town of Gates of the occurrence. In the event of a release of
nonhazardous materials, said person shall notify the Town of Gates
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 Town of Gates, post-marked within
three business days of the date of the in-person or 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
for at least five years.
In addition to or as an alternative to any penalty
provided herein or by law any violation of this article is punishable
by a fine not to $350 or imprisonment for a period not to exceed 15
days, or both, for conviction of a first offense; a second violation
of this article, committed within a period of five years, is punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 30 days, or both; and a third or subsequent
violation of this article, within a period of five years, is punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 30 days, or both. Each day's continued
violation shall constitute a separate additional violation.
Any person receiving a notice of violation may
appeal the determination of the Town of Gates. The notice of appeal
must be received within 10 calendar days from the date of the notice
of violation. Hearing on the appeal before the appropriate authority
or his or her designee shall take place within 15 calendar days from
the date of receipt of the notice of appeal. The decision of the municipal
authority or their designee shall be made within 15 calendar days
and 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 five calendar days of the decision of the
municipal authority upholding the decision of the Town of Gates, its
representatives and/or employees may enter upon the subject private
property with the consent of the owner or with a valid search and/or
seizure warrant, and are authorized to take any and all measures necessary
to abate the violation and/or restore the property.
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
protection claim objecting to the amount of the assessment within
10 days. If the amount due is not paid within a timely manner, as
determined by the decision of the municipal authority, 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. Any person violating
any of the provision of this article shall become liable to the Town
of Gates by reason of such violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the Town of Gates 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 article, the Town of Gates may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
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 article 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.
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law and, upon conviction, shall be guilty of a violation and subject to a penalty as set forth in §
156-15 of this article. The Town of Gates may recover all attorneys' fees, court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the Town of
Gates to seek cumulative remedies.