[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-28-1968 by Ord. No. 1-1968 as Ch. 82 of the 1968
Code]
[Amended 4-20-2010 by L.L. No. 3-2010]
No person, corporation or association shall
throw, place, deposit or discharge into any waters, streams or waterways
in the Village of Lindenhurst any sewage, garbage, offal, waste, refuse,
ashes, discharged pool water, discharged car wash water, vehicle fluids
of any kind, laundry wastewater, spills or leaks from motor vehicle
accidents and/or any other destructive material and/or matter unless
proper written authority has first been obtained to do so.
[Amended 9-8-1987 by L.L. No. 13-1987; 6-16-1992 by L.L. No. 2-1992]
Any person violating the provision of this article
or any part thereof shall be liable to a penalty not less than $50
nor more than $250 for a first offense and not less than $250 nor
more than $1,000 for a second offense.
[Adopted 12-7-2010 by L.L. No. 8-2010]
The purpose of this article is to provide for the health, safety,
and general welfare of the residents and general public of the Village
of Lindenhurst through the regulation of nonstormwater discharges
to the Village of Lindenhurst municipal separate stormwater drainage
system (MS4) to the maximum extent practicable as required by Section
402 of the Clean Water Act and New York State Department of Environmental
Conservation SPDES General Permit for Stormwater Discharges from Municipal
Separate Storm Sewer Systems (MS4s) Permit Number NYR20A270, issued
pursuant to Article 17, Titles 7 and 8, and Article 70 of the Environmental
Conservation Law, or as amended or revised. This article establishes
methods for controlling the introduction of pollutants into the Village
of Lindenhurst MS4 system in order to comply with requirements of
the SPDES General Permit for Municipal Separate Storm Sewer Systems.
The objectives of this article are:
A.Â
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from the Village of Lindenhurst MS4, Permit No. NYR20A270,
or as amended or revised;
B.Â
To regulate the contribution of pollutants to the Village of Lindenhurst
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.Â
To prohibit illicit connections, activities and discharges to the
Village of Lindenhurst MS4;
D.Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.Â
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 Village of
Lindenhurst MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
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.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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 Village of Lindenhurst
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 Village of Lindenhurst 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 the Village of Lindenhurst; or
Any drain or conveyance connected from a commercial or industrial
land use to the Village of Lindenhurst MS4 which has not been documented
in plans, maps, or equivalent records and approved by the Village
of Lindenhurst.
Any direct or indirect nonstormwater discharge to the Village of Lindenhurst MS4, except as exempted in § 189-7, Discharge prohibitions, of this article.
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.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system, including the Village
of Lindenhurst separate stormwater drainage system.
The Village of Lindenhurst.
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.
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, animal waste, chemicals,
sediment, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
discharged pool water, commercially discharged car wash water, vehicle
fluids of any kind, laundry wastewater, 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 Village of Lindenhurst.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe 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.
LISTED WATERSTERS — The condition in the Village of Lindenhurst'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.
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 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 municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
Employees and/or code enforcement officers of the Village
of Lindenhurst or other public official(s) designated by the Mayor
and Board of Trustees to enforce this article. The SMO may also be
designated by the Mayor and Board of Trustees to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
municipal board and inspect stormwater management practices.
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 article 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 article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMO as may be authorized by the
Mayor and Board of Trustees.
A.Â
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the Village of Lindenhurst MS4 any materials other than stormwater except as provided in Subsection A(1) of this section. The commencement, conduct or continuance of any illegal discharge to the Village of Lindenhurst MS4 is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the Village of Lindenhurst
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, 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)Â
Temporary discharges approved in writing by the designated 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 article. The SMO may authorize in writing temporary permission
for the discharge of uncontaminated groundwater for dewatering purposes
during construction activity to the Village of Lindenhurst MS4 system
if the following conditions are met: high groundwater conditions exist
in the area of the proposed construction; there is no reasonable alternative
but to discharge to the Village of Lindenhurst MS4 system; the proposed
discharge will not damage the Village of Lindenhurst MS4 system; the
Village of Lindenhurst MS4 system can handle the proposed discharge
volume; the discharge will not contain any significant levels of contaminants
that are in violation of any local, New York State or federal regulations;
and an adequate sediment control plan is prepared and approved by
the Village of Lindenhurst. It is also the applicant's responsibility
to obtain any and all required New York State Department of Environmental
Conservation permits for the temporary discharge as necessary.
(3)Â
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a written notification to the
Village of Lindenhurst prior to the time of the test.
(4)Â
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 the Village of Lindenhurst,
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 Village of Lindenhurst MS4.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the Village of Lindenhurst MS4 is prohibited.
(2)Â
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)Â
A person is considered to be in violation of this article if the
person connects a line conveying drainage water and/or sewage to the
Village of Lindenhurst's MS4, or allows such a connection to continue.
No persons shall operate a failing individual cesspool or sewage
treatment system in areas tributary to the Village of Lindenhurst's
MS4. A failing individual sewage treatment system is one which has
one or more of the following conditions:
A.Â
The backup of sewage into a structure.
B.Â
Discharges of treated or untreated sewage onto the ground surface.
C.Â
A connection or connections to a separate stormwater sewer system.
D.Â
Liquid level in the septic tank above the outlet invert.
E.Â
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.Â
Contamination of off-site groundwater.
A.Â
Activities that are subject to the requirements of this section are
those types of activities that:
B.Â
Such activities include failing individual cesspools or sewage treatment systems as defined in § 189-8, improper management of animal waste or any other activity that causes or contributes to violations of the Village of Lindenhurst's MS4 SPDES permit authorization.
C.Â
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's MS4 SPDES
permit authorization, 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 Village of Lindenhurst's MS4 SPDES
permit authorization.
Where the Village of Lindenhurst has identified illicit discharges as defined in § 189-4 or activities contaminating stormwater as defined in § 189-9, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A.Â
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the Village
of Lindenhurst's MS4 through the use of structural and nonstructural
BMPs.
B.Â
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in § 189-4 or an activity contaminating stormwater as defined in § 189-9 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 Village of Lindenhurst's MS4.
C.Â
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.
A.Â
The Village of Lindenhurst/SMO(s) may, without prior notice, suspend
Village of Lindenhurst 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, welfare, or safety of the public at large,
or to the MS4. The Village of Lindenhurst/SMO(s) 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 Village of Lindenhurst
SMO(s) may take such steps as deemed necessary to prevent or minimize
damage to the Village of Lindenhurst MS4 or to minimize danger to
persons.
B.Â
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have their Village of Lindenhurst MS4 access terminated if such
termination would abate or reduce an illicit discharge. The Village
of Lindenhurst/SMO(s) will notify a violator in writing of the proposed
termination of its MS4 access and the reasons therefor. The violator
may petition the Village of Lindenhurst/SMO(s) for a reconsideration
and hearing. Access may be granted by the SMO if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the Village of
Lindenhurst/SMO(s) determine in writing that the illicit discharge
has not ceased or is likely to recur. A person commits an offense
if the person reinstates Village of Lindenhurst MS4 access to premises
terminated pursuant to this section, without the prior approval of
the Village of Lindenhurst/SMO(s).
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 will be required
in a form acceptable to the Village of Lindenhurst prior to the allowing
of discharges to the Village of Lindenhurst MS4.
A.Â
Applicability. This section applies to all facilities that the Village
of Lindenhurst/SMO(s) must inspect to enforce any provision of this
article, 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 article.
B.Â
Access to facilities.
(1)Â
The Village of Lindenhurst/SMO(s) shall be permitted to enter and inspect facilities subject to regulation under this article and/or Chapter 193 of the Code of the Village of Lindenhurst as often as may be necessary to determine compliance with this article. 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 Village of Lindenhurst/SMO(s).
(2)Â
Facility operators shall allow the of Village Lindenhurst SMO(s)
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 article.
(3)Â
The Village of Lindenhurst shall have the right to set up on any
facility subject to this article such devices as are necessary in
the opinion of the Village of Lindenhurst/SMO(s) to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)Â
The Village of Lindenhurst has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. 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.
(5)Â
Unreasonable delay in allowing the Village of Lindenhurst access
to a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the Village of Lindenhurst/SMO(s)
reasonable access to the facility for the purpose of conducting any
activity authorized or required by this article.
(6)Â
If the Village of Lindenhurst/SMO(s) has been refused access to any
part of the premises from which stormwater is discharged, and the
Village of Lindenhurst SMO(s) is able to demonstrate probable cause
to believe that there may be a violation of this article, 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 article
or any order issued hereunder, then the Village of Lindenhurst/SMO(s)
may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of this article, 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 Village of Lindenhurst 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 Village of Lindenhurst Administrator, Village of Lindenhurst
Building Inspector and Fire Marshal, 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
Materials. In the event of a release of nonhazardous materials, said
person shall notify the Village of Lindenhurst SMO(s) 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 of Lindenhurst 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.
A.Â
Notice of violation. When the Village of Lindenhurst SMO(s) finds
that a person has violated a prohibition or failed to meet a requirement
of this article, the Village of Lindenhurst/SMO(s) may order compliance
by written notice of violation to the responsible person. Such notice
may require without limitation:
(1)Â
The elimination of illicit connections or discharges;
(2)Â
That violating discharges, practices, or operations shall cease and
desist;
(3)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)Â
The performance of monitoring, analyses, and reporting;
(5)Â
Payment of a fine; and
(6)Â
The implementation of source control or treatment BMP(s). If abatement
of a violation and/or restoration of affected property are 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.
B.Â
Penalties. Any person who shall violate any of the provisions of
this article shall be guilty of a violation and, upon conviction thereof,
a fine not exceeding $350 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 one year, shall be guilty of a violation
and, upon conviction, a fine not less than $750 nor more than $1,000
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, a fine not less than $1,000 nor more than $2,000 must
be imposed and a term of imprisonment for a period not to exceed six
months may be imposed, or both. However, 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. Each week's continued violation shall constitute
a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the SMO(s) to the Lindenhurst Village Attorney within 15 days of
its issuance, who shall hear the appeal within 60 days after the filing
of the appeal and, within five days of making his or her decision,
file his or her decision in the office of the Lindenhurst Administrator
Clerk and mail a copy of his or her decision by certified mail to
the discharger.
A.Â
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 decision of the municipal authority
upholding the decision of the Village of Lindenhurst/SMO(s), then
the SMO(s) 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.
B.Â
If refused access to the subject private property, the Village of
Lindenhurst SMO(s) 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 SMO(s) 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.
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 Village of Lindenhurst/SMO(s) 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.
A.Â
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Municipal Attorney and concurrence of the Village
of Lindenhurst/SMO(s), where:
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.
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 authorized enforcement
agency to seek cumulative remedies.
