The purpose of this chapter is to provide for the health, safety,
and general welfare of the residents and general public of the Village
of Babylon through the regulation of nonstormwater discharges to the
Village of Babylon municipal separate stormwater drainage system (MS4)
to the maximum extent practicable as required by § 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 Village
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 Village 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 Village 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
Village 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 Village
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 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
305 of the Code of the Village 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 Village 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 Village 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 Village of Babylon MS4 which has not been documented
in plans, maps, or equivalent records and approved by the Village
of Babylon.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the Village of Babylon MS4, except as exempted in §
306-6 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 Village
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 Village 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 which the comfortable enjoyment of life and property throughout
such areas of the Village 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 Standards. The 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.
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 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.
Future TMDL Designation. The condition in the municipality's
MS4 permit that applies if a TMDL is approved in the future by 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 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 § 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 waterbody 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 Village of
Babylon MS4 that has been generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
The Mayor's Office, Building Department, Department of
Public Works, Village Attorney and/or his/her designee(s) are authorized
to administer and implement and enforce the provisions of this chapter.
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 Village 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.
Best management practices. Where the Village of Babylon has identified illicit discharges as defined in §
306-2 or activities contaminating stormwater as defined in §
306-8, the Village of Babylon may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A. 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 Babylon MS4 through the use of structural and nonstructural BMPs.
B. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in §
306-2 or an activity contaminating stormwater as defined in §
306-8 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 Babylon MS4.
C. 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.
Illicit discharges in emergency situations.
A. The Village of Babylon may, without prior notice, suspend Village
of Babylon 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 MS4. The Village of
Babylon 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 Babylon may take such steps as deemed necessary to
prevent or minimize damage to the Village of Babylon MS4 or to minimize
danger to persons.
B. Suspension due to the detection of illicit discharge. Any person
discharging to the Village of Babylon MS4 in violation of this chapter
may have their Village of Babylon MS4 access terminated if such termination
would abate or reduce an illicit discharge. The Village of Babylon
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 Babylon for a reconsideration and hearing. Access may be
granted by the Village 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 Babylon determines 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 Babylon
MS4 access to premises terminated pursuant to this section, without
the prior approval of the Village of Babylon.
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 Village of Babylon prior to the allowing
of discharges to the Village 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 Village 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 Village of Babylon Mayor's Office and his/her designee,
the Village of Babylon Division of Fire Prevention, the Village 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 Village of Babylon Commissioner
of Public Works and his/her designee and the Village of Babylon Mayor's
Office and 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 Village 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.
Notice of violation. When the Village of Babylon finds that
a person has violated a prohibition or failed to meet a requirement(s)
of this chapter, the Village of Babylon may order compliance by writing
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;
F. 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.
Any person who shall violate any of the provisions of this chapter
shall be guilty of a violation and, upon conviction thereof, a fine
of not less than $350 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, 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 violation, and upon conviction a fine 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 violation
and a fine 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 violation. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations.
Upon application to the Village Attorney or his or her designee
violation of this chapter may be reduced to an "attempted violation"
as established by the New York State Penal Law § 110.00.
Penalties for the reduced charge of attempt shall be:
A. Any person who shall attempt to violate any of the provisions of
this chapter shall be guilty of a violation 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 6 months, 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
not less than $500 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 $2,500 must be imposed and a term of
imprisonment for a period not to exceed six months may be imposed,
or both. Each day's continued violation shall constitute a separate
additional violation.
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 Village of Babylon Village 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.
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.
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.
This chapter shall be in full force and effect after its final
passage and adoption and upon filing with the Secretary of State.
All prior laws and parts of law in conflict with this law are hereby
repealed.