The purpose of this chapter is to provide for the health, safety,
and general welfare of the residents and general public of the Town
of Babylon through the regulation of nonstormwater discharges to the
Town of Babylon municipal separate stormwater drainage system (MS4)
to the maximum extent practicable as required by Section 402 of the
Clean Water Act and the New York State Department of Environmental Conservation
SPDES General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer Systems (MS4s), Permit GP-0-10-002 issued pursuant to
Article 17, Titles 7 and 8 and Article 70 of the Environmental Conservation
Law or as amended or revised. This chapter establishes methods for
controlling the introduction of pollutants into the Town of Babylon
MS4 system in order to comply with the 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 the Town of Babylon MS4, in accordance with New York
State Department of Environmental Conservation Permit No. GP-0-10-002,
or as amended or revised;
B. To regulate the contribution of pollutants to the Town of Babylon's
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C. To prohibit illicit connections, activities and discharges to the
Town of Babylon's 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 and oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and any other pollutants into the Town of
Babylon's MS4.
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:
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-0-10-001, as amended or revised and/or a land development activity as defined in Chapter
189 of the Code of the Town of Babylon. These activities include construction projects resulting in a land disturbance. 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 Town of Babylon 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 Town of Babylon 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 Town of Babylon MS4 which has not been documented
in plans, maps, or equivalent records and approved by the Town of
Babylon.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the Town of Babylon MS4, except as exempted in §
190-6 of this chapter.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES Permit For Discharges From
Industrial Activities Except Construction, GP-0-06-002, as amended
or revised.
MS4
Municipal separate storm sewer system, including the Town
of Babylon separate stormwater drainage 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, french drains or storm drains):
A.
Owned or operated by the Town of Babylon;
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, animal waste, chemicals, sediment,
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.
Contaminants in quantities or characteristics which are or may be
injurious to human, plant or animal life or to property or which unreasonably
interfere with the comfortable enjoyment of life and property throughout
such areas of the Town of Babylon.
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 STANDARDSThe 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.
LISTED WATERSTERS — 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.
C.
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the Environmental Protection Agency (EPA) for a waterbody 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 municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D.
FUTURE TMDL DESIGNATIONThe condition in the municipality'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. Under this condition the municipality 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 municipality 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.
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
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.
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.
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 that
has been generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this law 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.
No persons shall operate a failing individual cesspool or sewage
treatment system in areas tributary to the Town of Babylon 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 Town of Babylon prior to the allowing
of discharges to the Town of Babylon MS4.
Notwithstanding other requirements of this chapter, 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 Town of Babylon 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. At minimum, the notification shall
include the Town of Babylon Commissioner of Environmental Control
and/or his/her designee, the Town of Babylon Division of Fire Prevention,
the Town of Babylon Commissioner of the Department of Public Works
and/or his/her designee, the Suffolk County Department of Health Services
Office of Pollution Control, New York State Department of Environmental
Conservation Oil Spill Division and Division of Hazardous Waste Remediation
and the United States Coast Guard. In the event of a release of nonhazardous
materials, said person shall notify the Town of Babylon Commissioner
of Public Works and/or his/her designee and the Town of Babylon Commissioner
of Environmental Control and/or his/her designee 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 Town of Babylon 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
When the Town of Babylon or the Town of Babylon SMO(s) finds
that a person has violated a prohibition or failed to meet a requirement(s)
of this chapter, the Town of Babylon may order compliance by written
notice of violation to the responsible person. 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. 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. 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property
unless said violation is remedied immediately, the Town Board may,
by resolution, authorize the remediation of the violation without
prior notice to the owner of the property. There shall be notice to
the owner as soon thereafter as possible to inform the owner of said
actions. The expenses of such remediation shall be a charge against
the land on which it is located and shall be assessed, levied and
collected as provided in Article 15 of the Town Law for the collection
and removal as a special ad valorem levy.
[Amended 12-21-2016 by L.L. No. 20-2016; 4-27-2022 by L.L. No. 10-2022]
A. Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense and, upon conviction thereof, a fine
of not less than $500 nor more than $1,500 must be imposed and a term
of imprisonment for a period not to exceed 15 days may be imposed,
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,
shall be guilty of a misdemeanor, and upon conviction a fine of not
less than $1,000 nor more than $2,500 must be imposed and a term of
imprisonment for a period not to exceed six months may be imposed,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, shall be guilty
of a misdemeanor and a fine of not less than $2,500 nor more than
$5,000 must be imposed and a term of imprisonment for a period not
to exceed six months, or both. Each day's continued violation shall
constitute a separate additional offense.
[Amended 12-20-2023 by L.L. No. 25-2023]
B. Upon application to the Town Attorney or his or her designee, an
offense based on a violation of this chapter may be reduced to an
attempted offense as established by the New York State Penal Law § 110.
Penalties for the reduced charge of attempt shall be:
(1) Any person who shall attempt to violate any of the provisions of
this chapter shall be guilty of an offense and, upon conviction thereof,
a fine of not less than $100 nor more than $500 must be imposed and
a term of imprisonment for a period not to exceed 15 days, 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, a fine
of not less than $500 nor more than $1,000 must be imposed and a term
of imprisonment for a period not to exceed 15 days may be imposed,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, a fine of not
less than $1,000 nor more than $2,500 must be imposed and a term of
imprisonment for a period not to exceed 15 days may be imposed, or
both. Each day's continued violation shall constitute a separate additional
offense.
C. Any person
found by the Bureau of Administrative Adjudication to have violated
any of the provisions of this chapter shall be subject to a monetary
penalty of not less than $500 nor more than $1,500 for a first violation,
not less than $1,000 nor more than $2,500 for a second violation committed
within five years of the first violation, and not less than $2,500
nor more than $5,000 for a third or subsequent violation, all of which
were committed within a period of five years.
[Amended 12-21-2016 by L.L. No. 20-2016]
A. 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 Town of Babylon Town Attorney or his/her designee 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. Additionally,
the Town of Babylon Town Attorney or his/her designee 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.
B. If access is refused to the subject private property, the Town of
Babylon/SMOs 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand notwithstanding
the invalidity of any part.