[HISTORY: Adopted by the Board of Trustees of the Village
of Altamont 6-7-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Village of Altamont through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
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 MS4s, Permit No. GP-02-02, or as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, activities and discharges to the
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, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the 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:
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 education 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.
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 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 § 301-6 of this chapter.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
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, or storm drains):
The Village of Altamont.
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 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 the standards.
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 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.
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.
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 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.
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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Superintendent of Public Works ("Superintendent") is
the Stormwater Management Officer under this chapter. In connection
with his or her enforcement of the provisions of this chapter, the
Superintendent may be assisted by consulting engineers and other consultants
retained by the Village.
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.
Water that is not stormwater, is contaminated with pollutants,
and/or will be discarded.
This chapter shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Superintendent shall administer, implement, and enforce
the provisions of this chapter. Such powers granted or duties imposed
upon the Superintendent may be delegated in writing by the Superintendent
as may be authorized by the Village Board.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 301-6A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter, unless the Superintendent 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, dechlorinated swimming pool discharges, residential street
wash water, water from firefighting 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 Superintendent 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 Superintendent 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 local laws is
an allowable discharge, but requires a verbal notification to the
Superintendent 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 municipality's
MS4, or allows such a connection to continue.
A.
Activities that are subject to the requirements of this chapter are
the types of activities that:
B.
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 municipality's MS4 SPDES
permit authorization.
A.
Best management practices. Where the Superintendent has identified illicit discharges as defined in § 301-2 or activities contaminating stormwater as defined in § 301-7, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
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 MS4 through
the use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 301-2 or any activity contaminating stormwater as defined in § 304-7, 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.
(3)
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 Superintendent without prior notice may 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
the persons, or to the MS4. The Superintendent 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 Superintendent
may take such steps as deemed necessary to present 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 municipality's MS4 in violation of this chapter
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Superintendent will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the Superintendent for a reconsideration
and hearing. MS4 access may be granted by the Superintendent if he
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the
Superintendent 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 approval of the Superintendent.
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 municipality prior to the allowing of
discharges to the MS4.
A.
Applicability. This section applies to all property that the Superintendent
has the right to 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 which constitutes a violation of this chapter.
B.
Access to facilities.
(1)
The Superintendent shall be permitted to enter and inspect any premises
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 which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the Superintendent.
(2)
An inspection by the Superintendent shall include the right to enter
and/or inspect the premises for the following reasons:
(a)
To read a meter, to determine discharge flow meter accuracy
or, if necessary, to calibrate or replace the meter;
(b)
To check cross connections;
(c)
To check sump pump connections into the sanitary sewer;
(d)
To shut off wastewater discharge lines and to excavate and repair
discharge lines as needed;
(e)
To determine whether the sewer cleanouts are fitted with the
appropriate caps.
(3)
Premises owners shall allow the Superintendent 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.
(4)
The Village shall have the right to set up on any premises subject
to this chapter such devices as are necessary in the opinion of the
Superintendent to conduct monitoring and/or sampling of the property's
stormwater discharge.
(5)
The Village has the right to require the premises subject to this
chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter. The 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.
(6)
Unreasonable delays in allowing the Village access to a premises
subject to this chapter is a violation of this chapter. A person who
is the owner of a premises subject to this chapter commits an offense
if the person denies the Village reasonable access to the property
for the purpose of conducting any activity authorized or required
by this chapter.
(7)
If the Superintendent has been refused access to any part of the
premises from which stormwater is discharged, and he/she 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
Superintendent may seek issuance of a search warrant from any court
of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any premises
owner has actual or constructive notice of any release of materials
which are resulting or may result in illegal discharges or pollutants
discharging into the MS4, said owner 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 owner
shall immediately notify emergency response agencies of the occurrence
by emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the municipality 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 municipality 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.
Notice of violation. When the Superintendent finds that a person
has violated a prohibition or failed to meet a requirement of this
chapter, he/she may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected premises;
(4)
The performance of monitoring, analyses, and reporting; and
(5)
The implementation of source control or treatment BMPs. 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.
Penalties.
(1)
In addition to any penalty provided in this chapter, any person who
violates the provisions of this chapter shall be guilty of an unclassified
misdemeanor punishable by a maximum fine of $350 or up to 15 days'
imprisonment, or both.
(2)
For conviction of a second offense committed within five years of
a first offense, a person shall be subject to a minimum fine of $350
not to exceed $700, a period of imprisonment of up to 30 days, or
both.
(3)
For a conviction of a third offense committed within five years of
two previous offenses, a person shall be subject to a minimum fine
of $700 not to exceed $1,000, a period of imprisonment of up to 90
days, or both.
(4)
Each week's continued violation shall constitute a separate
and distinct violation.
Any person issued a notice of violation by the Superintendent
may appeal the notice of violation to the Village Board by filing
a notice of appeal with the Village Clerk within 15 days of the date
the notice of violation was received. The Village Board shall hear
the appeal within 30 days after the filing of the appeal. If the Village
Board grants the appeal the notice of violation shall be deemed null
and void. Within five days of making its decision, the determination
of the Village Board shall be filed with the Village Clerk and a copy
mailed by certified mail, return receipt requested, to the address
of the person(s) receiving the notice of violation at the address
listed in the records of the tax assessor. While an appeal under this
section is pending, no criminal proceedings shall be commenced.
A.
If the violation that is the basis for the notice of violation has
not been corrected within five business days of the receipt by the
property owner of the notice of violation or within five business
days of the determination of the Village Board on an appeal, the Superintendent
shall request the property owner's permission for access to the
property to take measures reasonably necessary to abate the violation.
B.
If a property owner refuses the Superintendent access to the property
after the Superintendent has determined there is probable cause to
believe that a violation of this chapter exists on the property, the
Superintendent is authorized to seek an administrative search warrant
from the local village court to enter upon the property to determine
the nature and extent of the violation.
The remedies set forth in this chapter are not exclusive. The
Village of Altamont may seek injunctive relief in connection with
violations of this chapter in a court of appropriate jurisdiction.
The Village may recover its reasonable attorney's fees incurred
from the defendant(s) in connection with any action or proceeding
seeking injunctive relief.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.
