[Adopted 12-19-2007 by L.L. No. 5-2007]
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 non-stormwater 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 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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in §
194-7 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Town of Penfield.
ILLICIT CONNECTIONS
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 non-stormwater
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.
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 Penfield.
C.
Any stormwater discharge to a sanitary sewer unless approved
by the Town of Penfield.
INDUSTRIAL ACTIVITY
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
INDUSTRIAL WASTES
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, articles 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 groundwater
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 its 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 Penfield 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 Penfield's
MS4 permit that applies where the Town of Penfield 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 Penfield'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 Town of Penfield discharges.
If the discharge from the Town of Penfield did not meet the TMDL stormwater
allocation prior to September 10, 2003, the Town of Penfield 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 Penfield's 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 Penfield discharges. Under this
condition, the Town of Penfield must review the applicable TMDL to
see if it includes requirements for control of stormwater discharges.
If the Town of Penfield is not meeting the TMDL stormwater allocations,
the Town of Penfield 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 water 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 watercourses 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 Penfield. This article also applies to stormwater
entering the sanitary sewers.
The Town of Penfield shall administer, implement and enforce
the provisions of this article. Any powers granted or duties imposed
upon the Town of Penfield may be delegated in writing by the Supervisor
of the Town of Penfield to persons or entities acting in the beneficial
interest of or in the employ of the Town.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
not be contamination, pollution nor unauthorized discharge of pollutants.
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 Penfield 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 Penfield
of the occurrence. In the event of a release of nonhazardous materials,
said person shall notify the Town of Penfield 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 Penfield, 3100 Atlantic Avenue, Penfield,
NY 14526, postmarked 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.
[Amended 12-16-2015 by L.L. No. 3-2015]
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 exceed $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 of not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both; and a third or subsequent
violation of this article within a period of five years is punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 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 Penfield. The notice of appeal must be received within
10 days from the date of the notice of violation. Hearing on the appeal
before the appropriate authority or his/her designee shall take place
within 15 days from the date of receipt of the notice of appeal. The
decision of the municipal authority or his/her designee shall be made
within 15 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 days of the decision of the municipal authority upholding
the decision of the Town of Penfield, Town 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 provisions of this article shall become liable to the Town
of Penfield 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 Penfield 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 Penfield 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.
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 Penfield to seek
cumulative remedies.