[HISTORY: Adopted by the Town Board of the Town of Goshen 1-12-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Goshen 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 Town of Goshen's MS4
in order to comply with requirements of the State Pollutant Discharge
Elimination System (SPDES) General Permit for Municipal Separate Storm
Sewer Systems and to meet Town objectives to protect the environment.
The objectives of this chapter are:
A.Â
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-0-15-003, or as amended or revised;
B.Â
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.Â
To prohibit illicit connections, activities and discharges to the
MS4;
D.Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
E.Â
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 the meanings set forth below:
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, GP-0-15-002,
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 § 66-6A(1) of this chapter.
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 groundwaters
of New York State, except where a permit for such facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities, except construction, GP-0-12-001, as amended
or revised.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
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 Town of Goshen, New York.
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.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, dredged spoil, filter backwash,
sold 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.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
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 Town'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
Town'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 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 Town's MS4 permit that applies if
a TMDL is approved in the future by the 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.
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, reservoirs, and other drainage structures.
Any rainwater, surface flow, surface runoff, snowmelt and
drainage consisting entirely of water from any form of natural precipitation,
and resulting from such precipitation.
An employee or officer designated by the Town of Goshen to
enforce this chapter. The SMO may also be designated by the Town of
Goshen to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
This chapter shall apply to all water entering the MS4 generated
on any developed and undeveloped lands, unless explicitly exempted
by the Stormwater Management Officer.
The Town shall designate a Stormwater Management Officer (SMO)
who shall administer, implement, and enforce the provisions of this
chapter. Such powers granted or duties imposed upon the authorized
enforcement official may be delegated, in writing, by the SMO as may
be authorized by the Town. The SMO may review plans, engage the services
of a registered professional engineer to review plans, specifications
and related documents with the cost paid through an escrow, or accept
the certification of a licensed professional that plans/remediation
conform to the requirements of this chapter.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter 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.
A.Â
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, except as provided in Subsection A(1) below.
(1)Â
The following discharges are exempt from discharge prohibitions established
by this chapter, unless the Town or Department 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 (not including active groundwater dewatering
systems), crawl space or basement sump pumps, air-conditioning condensation,
irrigation water, springs, noncommercial washing of vehicles, natural
riparian habitat or wetland flows, swimming pools (if dechlorinated),
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)Â
Discharges approved in writing by the Stormwater Management Officer
as being necessary 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)Â
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a verbal notification to the
Stormwater Management Officer prior to the time of the test.
(4)Â
The prohibition shall not apply to any nonstormwater discharge permitted
under an 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.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)Â
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)Â
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the Town's MS4 or
allows such a connection to continue.
B.Â
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Town'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 Town's MS4 SPDES permit authorization.
Best management practices. Where the SMO has identified illicit discharges as defined in § 66-2, or activities contaminating stormwater as defined in § 66-7, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A.Â
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 these structural and nonstructural BMPs.
B.Â
Any person responsible for a property or premises, which is, or may
be, the source of an illicit discharge or an activity contaminating
stormwater may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to prevent the further
discharge of pollutants to the MS4.
C.Â
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.
D.Â
These BMPs shall be part of a stormwater pollution prevention plan
(SWPPP) as necessary for compliance with requirements of the SPDES
permit.
A.Â
Suspension due to illicit discharges in emergency situations. The
Stormwater Management Officer 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, or to the health
or welfare of persons, or to the MS4. 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.Â
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this chapter may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The SMO will notify a violator, in writing, of
the proposed termination of its MS4 access and the reasons therefor.
The violator may petition the SMO for a reconsideration and hearing.
Access may be granted by the SMO if he or she 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.
C.Â
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior 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 Town and/or SMO prior to the allowing
of discharges to the MS4.
A.Â
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
which constitutes a violation of this chapter.
B.Â
Access to facilities.
(1)Â
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 which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements
to allow access to the SMO and/or representatives of the authorized
enforcement agency.
(2)Â
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
or that must be kept under the conditions of an SPDES permit to discharge
stormwater, and the performance of any additional duties as defined
by state and federal law.
(3)Â
The Town shall have the right to set up on any permitted facility
subject to this chapter such devices as are necessary in the opinion
of the authorized enforcement agency and/or SMO to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)Â
The Town has the right to require 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)Â
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the SMO and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(6)Â
Unreasonable delays in allowing the Town and/or SMO 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 Town reasonable access to the facility for
the purpose of conducting any activity authorized or required by this
chapter.
(7)Â
If the SMO 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, or to protect the overall
public health, safety, and welfare of the community, then the SMO
and/or authorized enforcement agency may seek issuance of a search
warrant from any court of competent jurisdiction.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing, privately owned
structures within or adjacent to a watercourse so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
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. 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. In the
event of a release of nonhazardous materials, said person shall notify
the SMO, 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 SMO within three business
days of the 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 three years.
A.Â
Notice of violation.
(1)Â
Whenever the SMO finds that a person has violated a prohibition or
failed to meet a requirement of this chapter, he or she shall order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(a)Â
The performance of monitoring, analyses, and reporting;
(b)Â
The elimination of illicit connections or discharges;
(c)Â
That violating discharges, practices, or operations shall cease
and desist;
(d)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)Â
Payment of a fine; and
(f)Â
The implementation of source control or treatment BMPs.
(2)Â
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.
B.Â
Penalties. In addition to 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 not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for a conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. 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. Each
week's continued violation shall constitute a separate, additional
violation.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board within 15 days of its issuance, which
shall hear the appeal within 30 days after the filing of the appeal;
and within five days of making its decision, the Town Board shall
file its decision in the office of the Town Clerk and mail a copy
of its decision by certified mail to the discharger.
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 15 days of the decision of the Town Board upholding the decision
of the SMO, then representatives of the Town shall be permitted to
enter upon the subject private property and are authorized to take
any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the Town or
its designated contractor to enter upon the premises for the purposes
set forth above.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid within 30 days,
or within a timely manner as determined by the decision of the Town
Board, the charges shall become a special assessment against the property
and shall constitute a lien on the property for the amount of the
assessment.
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 SMO 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 chapter, upon the recommendation of the Town Attorney and
concurrence of the SMO, the Town may impose upon a violator alternative
remedies in such cases where the violation was unintentional, the
violator has no history of previous violations, the environmental
damage was minimal, the violator acted quickly to remedy the violation
or the violator cooperated in the investigation and resolution of
the violation. Such alternative remedies may consist of one or more
of the following (this list is not meant to be all-inclusive): storm
drain stenciling or storm drain marking, attendance at compliance
workshops, or river, stream or creek cleanup activities.
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.
