[HISTORY: Adopted by the Town Board of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
Article I Illicit Discharges and Connections to Municipal Separate Storm Sewer System
§ 285A-10 Prevention, control, and reduction of stormwater pollutants by use of best management practices.
[Adopted 1-11-2011 by L.L. No. 1-2011]
This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law and the New York State Constitution to provide for the health, safety and general welfare of the residents of, and the general public within, the Town of Southampton through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law.
The objectives of this chapter are as follows:
To meet the requirements of the New York SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), Permit No. GP-0-10-002, or as amended or revised;
To regulate the contribution of pollutants to the MS4, since such systems are not designed to accept, process, or discharge nonstormwater wastes;
To prohibit illicit connections, activities, and discharges to the MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and
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.
The requirements under this chapter shall be applicable to all water entering the Town MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
The terms used in this chapter shall have the meanings as set forth in this section.
- 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 ACTIVITIES
- Activities requiring authorization under the New York SPDES General Permit for Stormwater Discharges from Construction Activity, Permit No. GP-0-10-001, or 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.
- HAZARDOUS MATERIAL
- 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 surface or subsurface drain or conveyance that allows an illegal discharge to enter the MS4, including but not limited to:
- A. Conveyances that allow 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 agency; or
- B. A 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 discharge that is not entirely composed of stormwater. Illicit discharges shall include but are not limited to those sources as identified by § 122.26(b)(2) of the Code of Federal Regulations, sanitary wastewater, effluent from septic tanks, commercial car wash wastewater, petroleum products, antifreeze and radiator flush liquid, laundry wastewater, spills from roadway accidents, and household and motor vehicle chemicals, but does not include liquids discharged from fire-fighting activities.
- INDUSTRIAL ACTIVITIES
- Activities requiring authorization under the New York SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity, Permit No. GP-0-06-002, or as amended or revised.
- MUNICIPAL SEPARATE STORM SEWER 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) that is owned or operated by the Town and designed or used for collecting or conveying stormwater; the MS4 is not a combined sewer or part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
- The New York State Department of Environmental Conservation.
- NONSTORMWATER DISCHARGE
- Any discharge to the MS4 that is not composed entirely of stormwater.
- 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.
- A substance that may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards, including but not limited to dredged spoils, 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.
- Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
- A permit issued by the NYSDEC to regulate discharges from municipal separate storm sewer systems for compliance with EPA-established water quality standards and/or to specify stormwater control standards under Permit No. GP-0-10-002, or as amended or revised.
- SPECIAL CONDITIONS
- Any of the following:
- 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 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. 303(d)-listed waters: 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 in the discharge of the listed pollutant of concern to the 303(d)-listed water.
- C. Total maximum daily load (TMDL) strategy: the condition in the municipality's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by the 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. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by the EPA for any waterbody 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 (6) 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.
- Rainwater, surface runoff, snowmelt, and drainage.
- STORMWATER MANAGEMENT OFFICER (SMO)
- An employee or officer designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
- 303(d) LIST OF IMPAIRED WATERS
- The NYSDEC published list, and any amendments thereto, of all surface waters in the state for which beneficial uses of the water (i.e., drinking, recreation, aquatic habitat, and industrial) are impaired by pollutants, as required by Section 303(d) of the Federal Clean Water Act. 303(d)-listed waters include 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 allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of the pollution.
- The Town of Southampton.
- Water that is not stormwater, which is contaminated with pollutants and is, or will be, discarded.
The Stormwater Management Officer (SMO) shall administer and implement the provisions of this chapter.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the Town MS4 any materials other than stormwater, except as provided herein. The commencement, conduct or continuance of any illegal discharge to the Town MS4 is prohibited except as described herein.
Exemptions to discharge prohibitions. The following discharges are exempt from discharge prohibitions established by this chapter, unless the discharges are determined to be substantial contributors of pollutants:
Waterline 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, unchlorinated 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.
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.
Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a written notification to the SMO prior to the time of the test.
Discharge authorized pursuant to a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, 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 approval has been granted for any discharge to the Town MS4.
The construction, use, maintenance or continued existence of illicit connections to the Town MS4 is prohibited.
This prohibition expressly includes, without limitation, prior illicit connections, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
A person shall be in violation of this chapter if the person connects a line conveying sewage to the Town MS4 or allows such a connection to continue.
No persons shall operate a failing individual sewage treatment system in areas tributary to the Town MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
The backup of sewage into a structure.
Discharges of treated or untreated sewage onto the ground surface.
A connection or connections to the Town MS4.
Liquid level in the septic tank above the outlet invert.
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.
Contamination of off-site groundwater.
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town's MS4 SPDES permit, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES permit.
§ 285A-10 Prevention, control, and reduction of stormwater pollutants by use of best management practices.
Where the SMO has identified illicit discharges under this chapter, or activities contaminating stormwater, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Town MS4 through the use of structural and nonstructural BMPs.
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 Town MS4.
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.
The Town 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 Town MS4. The Town shall notify the person, in writing, of such suspension, within a reasonable time thereafter, and of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the Town may take such steps as deemed necessary to prevent or minimize damage to the Town MS4 or to minimize hazardous conditions which may adversely affect the health, safety, welfare, and property of Town residents or the general public.
Any person discharging to the Town MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The Town will notify a violator in writing of the proposed termination of its MS4 access and the reasons for the termination. The violator may petition the Town for reconsideration and a hearing. The Town may grant access if it is found that the illicit discharge has ceased and that the violator has taken steps to prevent its recurrence. Access may be denied if the Town determines 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 section without the prior approval of the Town.
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 prior to allowing discharges to the Town MS4.
This section applies to all facilities that the Town 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. The Town is authorized to make or cause to be made inspections to determine compliance with the provisions of this chapter and to determine the cause of an illicit discharge, in order to safeguard the health, safety, and welfare of the residents of the Town. The Town is authorized to enter, upon consent of the owner or facility operator, any premises at any reasonable time or, in the event of an emergency, at such other time as may be necessary, without the consent of the owner or facility operator, for the purpose of determining compliance with this chapter.
The Town 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, the owner or operator of the facility shall take all steps necessary and make arrangement for the Town and any other person(s) deemed necessary to have free and complete access to the facility to make the required inspections.
The Town shall be allowed ready access to all parts of the premises for the purposes of inspection, sampling, and examination of the facility, as well as be provided access to and be permitted to copy any and all documents deemed necessary to implement the provisions of this chapter.
The Town shall have the right to set up, on any facility subject to this chapter, such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Town has the right to require facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. 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.
If the Town has been refused access to any part of the premises from which stormwater is discharged, or there has been a refusal to allow sampling as part of any routine inspection or sampling program, and the Town has reasonable cause to believe that a violation of this chapter has occurred, then the Town may seek the issuance of a search warrant from any court of competent jurisdiction. The refusal to allow access to any part of the premises, or to allow for a sample to be taken, shall be deemed presumptive evidence that a violation exists.
Unreasonable delays in allowing the Town access to a facility subject to this chapter is a violation of this chapter and shall expose the owner of the facility, as well as the operator or any other person responsible for preventing access to the facility, to prosecution under the provisions provided for in this chapter.
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 results or may result in illegal discharges or pollutants discharging into the Town 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 the Town of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the Town, in person, by telephone or by 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 within three business days of the nonwritten notification. 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 also be retained for at least three years.
In the event of a violation of this chapter, the Town may order compliance and issue a written notice of violation, to be served personally or by certified mail to the violator and the property owner as shown on the last preceding assessment roll of the Town.
The notice of violation shall contain the following:
The location of the violation;
A statement specifying the nature of the violation;
A description of the corrective measures necessary to remediate or abate the illicit discharge, which may include restoration of the property, and a time schedule for the completion of such remedial action;
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of the notice of violation.
The notice of violation may further order compliance, including but not limited to the following:
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property. 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 government agency or contractor and the expense shall be assessed against the property;
The performance of monitoring, analyses, and reporting;
The payment of a fine; and
The implementation of source control or treatment BMPs.
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 $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $2,500 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 $2,500 nor more than $5,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed unclassified misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. 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 in writing within 15 days of its issuance. The appeal notice shall be directed to the Town. A hearing officer, as designated by the Town Board, shall hear the appeal within 30 days after filing the appeal and, within five days of the completion of the hearing, issue a written decision by certified mail or personal service to the property owner and/or the violator. If the original notice of violation is sustained, the Town shall issue an order, to be served by certified mail or personal service, which shall state the corrective actions to be taken and the required date for completion of all corrective measures. The filing of an appeal shall not stay or prevent the Town from taking all necessary emergency corrective measures.
Corrective measures after appeal.
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 business days of the hearing officer's decision upholding the decision of the Town, then the Town shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property, and the cost thereof shall be a charged assessment against the property and lands, to be collected in the same manner as real property taxes.
If refused access to the subject private property, the Town 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. Upon determination that a violation has occurred, the Town 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 and/or property owner and shall be a charge assessed against the property and lands, to be collected in the same manner as real property taxes.
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 Attorney may, upon receipt of a permissive resolution from the Town Board, 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.
Where a person has violated a provision of this chapter, he or she may be eligible for alternative remedies in lieu of a civil penalty, upon the approval of the SMO and the concurrence of the Town Attorney, upon a determination that:
The violation was unintentional.
The violator has no history of previous violations of this chapter.
The environmental damage was minimal.
The violator has expeditiously acted to remedy the violation and the premises is now in full compliance with the provisions of this chapter.
The violator has 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 that is a threat to public health, safety, and welfare is declared and deemed to be a public nuisance; a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken with the permission of the Town Board.
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 Town to seek cumulative remedies.