[HISTORY: Adopted by the Board of Trustees of the Village
of Woodsburgh 2-24-2014 by L.L. No. 1-2014. Amendments noted where
applicable.]
A.
Intent. The purpose of this chapter is to provide for the health,
safety, and general welfare of the citizens of the Village of Woodsburgh
through the regulation of nonstormwater discharges of the municipal
separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and state law and to prohibit illicit discharges,
activities, and connections to the Village MS4 that will satisfy the
relevant part of the Phase II stormwater management requirements of
the National Pollutant Discharge Elimination System regulations, administered
by New York State through the State Pollutant Discharge Elimination
System (SPDES) regulations. This chapter establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
the SPDES General Permit for MS4s.
B.
Objectives. The objectives of this chapter are:
(1)
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, as such permit is amended
or revised;
(2)
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
(3)
To prohibit illicit connections, activities and discharges to the
MS4;
(4)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
(5)
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.
For purposes of this chapter, words in the singular include
the plural, and words in the plural include the singular. When used
in this chapter, unless a different meaning is stated in a definition
applicable to only a portion of this chapter, the following terms
shall have the meanings indicated:
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, Permit 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.
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 illicit discharge to enter the 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 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
Any 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.
Any direct or indirect nonstormwater discharge to the MS4,
except as exempted in this chapter.
An activity requiring the SPDES Permit for Discharges From
Industrial Activities Except Construction, Permit No. GP-98-03, as
amended or revised.
The Incorporated Village of Woodsburgh.
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, 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 applicable standards promulgated by
any governmental entity or municipality having legal jurisdiction
to impose such standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A Department SPDES permit issued to developers of construction
activities to regulate disturbance of one or more acres of land.
A Department SPDES permit issued to municipalities to regulate
discharges from MS4s for compliance with the United States Environmental
Protection Agency established water quality standards and/or to specify
stormwater control standards.
Discharge compliance with water quality standards: a condition
that applies when the Village 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 Village
shall take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
303(d) listed waters; a condition the Village'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) strategy: a condition in the
Village'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 Village was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL, is achieved.
A condition in the Village's MS4 permit that applies if a TMDL,
is approved in the future by the United States Environmental Protection
Agency (EPA) for any water body or watershed into which an MS4 discharges.
Under this condition, the Village 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 Village
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.
The State of New York.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the Village Engineer or other Village official(s)
designated by the Village to enforce this chapter.
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 two
years.
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 that pollutant.
Water that is not stormwater, is contaminated with pollutants,
and is, or will be, discarded.
This chapter shall apply to all water entering the MS4 generated
on any developed or undeveloped lands, unless explicitly exempted
by an authorized enforcement agency.
The SMO shall administer, implement and enforce this chapter.
A.
No person shall discharge or cause to be discharged into the MS4
any materials other than stormwater. The commencement, conduct or
continuance of any illicit discharge to the MS4 is prohibited, except
as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter, unless the Department or the Village has determined
them 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, dechlorinated 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.
(2)
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.
(3)
Dye testing in compliance with applicable state and Village laws
is an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
(4)
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 Department, 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 MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
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)
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the Village's MS4, or allows
such a connection to continue.
The following activities are prohibited:
B.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Village'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's MS4 permit authorization.
Where the SMO has identified illicit discharges or activities
contaminating stormwater as defined in this chapter, the Village may
require implementation of best management practices to control those
illicit discharges and activities.
A.
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 MS4 through the use of structural and nonstructural BMPs.
B.
Any person responsible for a property or premises, which is, or may
be, the source of an illicit discharge or an activity contaminating
stormwater, as defined in this chapter, 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 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.
A.
The SMO 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
MS4. The SMO 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 SMO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the Village's 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 SMO shall notify a violator in
writing of the proposed termination of its MS4 access and of the reasons
therefor. The violator may petition the SMO for reconsideration and
hearing. Access may be granted by the SMO if the SMO finds that the
illicit discharge has ceased and the discharger has taken steps to
prevent its recurrence. Access may be denied if the SMO determines
in writing 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 written approval of the SMO.
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 prior to the allowance of discharges
to the MS4.
A.
Applicability. This section applies to all facilities that the SMO
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
that constitutes a violation of this chapter.
B.
Access to facilities. Subject to any other law applicable to lawful access to premises and to the provisions of Subsection B(6) herein:
(1)
The SMO 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 that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements
to permit access to the SMO in accordance with this chapter and any
other law applicable to lawful access to premises.
(2)
Facility operators shall allow the SMO 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 chapter.
(3)
The Village shall have the right to set up on any facility subject
to this chapter such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Village has the right to require the 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.
(5)
Unreasonable delays in allowing the Village access to a facility
subject to this chapter is a violation of this chapter. A person who
is the operator of a facility subject to this chapter commits an offense
if the person denies the Village such reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this chapter.
(6)
If the SMO has been refused access to any part of the premises from
which stormwater is discharged, and the SMO is able to demonstrate
probable cause to believe that there may be a violation of this chapter,
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 chapter or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
A.
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 illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release.
B.
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.
C.
In the event of a release of nonhazardous materials, said person
shall notify the Village in person, telephone, electronic mail or
facsimile no later than the next business day.
D.
Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Village within three business days
of the in-person or telephone notice.
E.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, in addition to compliance with the provisions
above, 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 and shall be made available to the SMO.
A.
Notice of violation.
(1)
When the SMO determines that a person has violated a prohibition
or failed to meet a requirement of this chapter, the SMO, or the SMO's
designee, may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall cease
and desist;
(c)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and/or reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment BMPs.
(g)
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.
(2)
If the violation has not been corrected as required by the notice
of violation, then the SMO may request the owner's permission for
access to the premises to take any and all measures reasonably necessary
to abate the violation and/or restore the premises. If access to the
premises is refused, the SMO may seek a warrant in a court of competent
jurisdiction to be authorized to enter upon the premises to determine
whether a violation has occurred. Upon determination that a violation
has occurred, the SMO may seek a court order to take any and all measures
reasonably necessary to abate the violation and/or restore the premises.
The cost of implementing and maintaining such measures shall be the
sole responsibility of the discharger and/or owner.
B.
Violations. It shall be unlawful for any person to violate any provision,
or fail to comply with any of the requirements, of this chapter.
C.
Penalties. In addition, 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 as prescribed by § 1-15 of the Code.
[Amended 7-24-2023 by L.L. No. 3-2023]
D.
Injunctive relief. If a person has violated or continues to violate
the provisions of this chapter, the SMO and/or the Village may petition
a court of competent jurisdiction for a preliminary and/or permanent
injunction restraining the person from activities that would create
further violations or compelling the person to perform abatement or
remediation of the violation.
E.
Alternative remedies. Alternative remedies may consist of attendance
at compliance workshops, storm drain stenciling or storm drain marking,
and/or water, river, stream or creek cleanup activities. When a person
has violated a provision of this chapter, the person may be eligible
for alternative remedies in lieu of a civil or criminal penalty, upon
recommendation of the Village Attorney and concurrence of the Village
Building Inspector, where:
In addition to the enforcement, penalties and remedies provided
in this chapter, 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 abated summarily 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.