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:
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, 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.
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 CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the 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 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 MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4,
except as exempted in this chapter.
INDUSTRIAL ACTIVITY
An activity requiring the SPDES Permit for Discharges From
Industrial Activities Except Construction, Permit No. GP-98-03, 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):
A.
Owned or operated by the Village, Town of North Hempstead or
County of Nassau;
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, 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.
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: 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.
B.
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.
C.
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.
D.
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.
STATE
The State of New York.
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 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.
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 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 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.
The following activities are prohibited:
A. Activities that cause or contribute to:
(1) A violation of the Village's MS4 SPDES permit; and/or
(2) The Village being subject to special conditions, as defined in this
chapter.
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.
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.
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.