[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-18-2007 by L.L. No. 11-2007[1]]
[1]
Editor's Note: This local law was originally
specified to be added as Chapter 7 but was renumbered to maintain
the organization of the Code.
The purpose of this article is to provide for
the health, safety and general welfare of the residents of the Village
of New Hyde Park through the regulation of connections to the Village's
municipal separate storm sewer system (MS4) and the regulation of
nonstormwater discharges to the (MS4) to the maximum extent practicable
as required by federal and state law. This article establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the New York State Department of Environmental
Conservation's (NYSDEC) SPDES General Permit (GP-02-02) for Municipal
Separate Storm Sewer Systems. The objectives of this article 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 unauthorized and 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 article; 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 article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have 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.
Code of the Village of New Hyde Park, New York.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
An authorization for connection as well as a discharge permitted under § 163-13 of this article, as well as a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Superintendent of the Department of Public Works. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
Activities requiring authorization under a NYSDEC SPDES Permit
for Stormwater Discharges From Construction Activity, GP-02-01, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the Village. These activities include construction projects resulting
in land disturbance equal to or greater than the area stipulated in
statutes or regulations of the state, county or the Village, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
The County of Nassau.
New York State licensed professional engineer or licensed
architect.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 163-6A(1) of this article), from properties occupied by private dwellings.
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 action or condition, active or passive, that results
in nonstormwater entering the Village's MS4.
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 building or structure floor drain or trench
drain; and
Any unauthorized connection as defined elsewhere
in this section.
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 163-6 of this article.
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 a 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-98-03, as amended or
revised.
Municipal separate storm sewer system owned by the Village
or another municipal entity.
Of or pertaining to a county, town, city, village or other
unit of government.
A conveyance or system of conveyances and retention and infiltration
facilities; (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, drywells
or any other component of a stormwater system) that is:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Office of the Superintendent of the Department of Public
Works of the Village of New Hyde Park.
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,
solid waste, incinerator residue, treated or untreated sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, hazardous 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. Also, paints, varnishes, and solvents; oil and other
automotive fluids; hazardous or nonhazardous liquid and solid wastes,
yard wastes including branches, grass clippings and leaves; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations so that same may cause or contribute to pollution;
and discharges of soaps, detergents, or floatables; pesticides, herbicides,
and fertilizers; sewage, fecal coliforms and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building, structure or site improvements; cement,
gravel, sand, silt, mud, other soils, and noxious or offensive matter
of any kind.
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 an MS4 has been notified that the
discharge of stormwater authorized under their MS4 SPDES 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 MS4 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 an MS4
SPDES permit that applies where the MS4 discharges to a NYSDEC 303(d)
listed water. Under this condition, the MS4's 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 an MS4 SPDES 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 MS4 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 an MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges: Under this condition, the MS4 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 MS4 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.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 163-6A(1) of this article), from all properties occupied by other than private dwellings.
State of New York.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, subsurface drainage and snowmelt.
The Superintendent of the Department of Public Works of the
Village of New Hyde Park (or the person serving in the capacity of
the Superintendent) or his/her authorized deputies, agents or representatives,
including employees of other Village Departments, as appropriate.
The SMO is to enforce this article, review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
The Superintendent of the Department of Public Works of the
Village of New Hyde Park.
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 NYSDEC
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.
Total maximum daily load.
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.
A permanent or temporary unapproved direct or indirect conveyance
to the Village's MS4. Any connection, pipe, hose, or other conveyance
that is not documented on plans, maps, or equivalent records signed
by the Superintendent or that is not approved by a permit issued by
the Superintendent, is considered unauthorized regardless of whether
the discharge is otherwise allowed by this article.
Means "free of pollutants" (see definition of "pollutant)."
The Village of New Hyde Park, New York.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to discharged connections
to the Village's MS4. This includes activities that result in discharge,
seepage or deposition into the Village's MS4, and all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency and allowed by a discharge
or connection permit or other document approved by the Superintendent.
This article shall also apply to discharges and connections entering
another MS4 that is tributary to the Village's MS4.
The Superintendent of the Department of Public
Works of the Village of New Hyde Park, as the Stormwater Management
Officer (SMO) for the Village, or duly authorized deputies, agents
or representatives, including employees of other Village Departments,
as appropriate, shall administer, implement, and enforce the provisions
of this article.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article 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 article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the Village's MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illicit (illegal) discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless they are subsequently
determined to be substantial contributors of pollutants: water line
flushing or other potable water sources, uncontaminated landscape
irrigation or lawn watering, existing diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains, uncontaminated
crawl space or basement sump pump discharges, air-conditioning condensate,
uncontaminated 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 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, codes 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 article.
(3)
Dye testing in compliance with applicable state and
local laws or codes 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 NYSDEC, provided
that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws, codes and
regulations, and provided that written approval has been granted for
any discharge to the MS4 by the Superintendent.
A.
Connections to the Village's MS4 without a permit
are prohibited.
(1)
Any connection to the Village's MS4 is considered
to be an unauthorized connection unless it has been approved by a
permit issued by the Superintendent or documented on a plan or map
that has been approved by the Superintendent. This constraint applies
to all connections, permanent or temporary, regardless of whether
the discharge is otherwise permitted by this article.
(2)
The construction, use, maintenance or continued existence
of unauthorized connections to the Village's MS4 is prohibited.
(3)
This prohibition expressly includes, without limitation,
connections made in the past, regardless of whether the connection
was permissible under law, code or practices applicable or prevailing
at the time of connection.
(4)
A person is considered to be in violation of this
article if the person connects a line conveying sewage or other pollutants
to the Village's MS4 or allows such a connection to continue.
(5)
The connection of interior floor drains and trench
drains at the entrances to buildings or other structures is prohibited.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the Village's 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 components 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.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
(1)
Cause or contribute to a violation of the Village's
MS4 SPDES permit.
(2)
Cause or contribute to the Village being subject to the special conditions as defined in § 163-2 of this article.
(3)
Cause or contribute to the Village's MS4 receiving pollutants as defined in § 163-2 of this article.
(4)
Cause or contribute to the Village's MS4 receiving
discharges from an undocumented or unauthorized connection (whether
permanent or temporary).
B.
Such activities include failing individual sewage treatment systems as defined in § 163-8 of this article, improper management of pet waste or any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
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 or cause or contributes to pollutants
being discharged to the Village's MS4, 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
SPDES permit authorization, or causes or contributes to pollutants
to be discharged or deposited into the Village's MS4.
A.
Best management practices. Where the Superintendent has identified illicit discharges as defined in § 163-2 of this article or activities contaminating stormwater as defined in § 163-7 of this article, the Superintendent 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 his or her own expense, reasonable
protection from accidental discharge of prohibited materials, pollutants
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 § 163-2 of this article or an activity contaminating stormwater as defined in § 163-9 of this article, 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 in
compliance with the provisions of this section.
B.
Individual sewage treatment systems: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the Village's MS4 being subject to the special conditions as defined in § 163-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee.
(b)
Avoid the use of septic tank additives.
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes, laundry wastes and household chemicals;
and
(d)
Avoid the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR, Appendix 75-A or,
if applicable, the County Department of Health's Manual of On-Site
Sewage Disposal, to the maximum extent practicable.
(b)
A design professional licensed to practice in
New York State shall prepare design plans for any type of absorption
field that involves:
(c)
A written certificate of compliance shall be
submitted by the design professional to the Village at the completion
of construction of the repair or replacement system.
A.
The Superintendent 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 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 prevent or minimize damage
to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge
or unauthorized connection. Any person discharging to the Village's
MS4 in violation of this article may have his or her MS4 access terminated
if such termination would abate or reduce an illicit discharge or
result in the remedy of an unauthorized connection. 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. Access may be granted
by the Superintendent if he/she finds that the illicit discharge has
ceased and the discharger has taken steps to prevent its recurrence,
or that the discharger has obtained proper permission for the connection.
Access may be denied if the Superintendent determines in writing that
the illicit discharge has not ceased or is likely to recur or the
unauthorized connection has not been remedied. 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 Superintendent prior to the allowing of
discharges to the MS4.
A.
General. Any connection to the Village's MS4 requires
a permit issued by the Superintendent. Applications for permits shall
be made on forms provided by the Office of the Superintendent. Permit
applications shall be supplemented by any plans, specifications, analyses,
calculations or other information considered pertinent by the Superintendent.
The Village considers connection to its MS4 as a last resort to solve
flooding problems. Before approving a connection, the Village will
require that applicants use on-site best management practices to handle
stormwater and other authorized nonstormwater discharges to the maximum
extent practicable. The Office of the Superintendent will assess the
adequacy of the applicant's on-site stormwater disposal management
practices.
B.
Permit types.
(1)
General permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 163-6A(1) of this article), from properties occupied by private dwellings.
(2)
Connection permit. An authorization for connection as well as discharge authorized under § 163-13 of this article, as well as for a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Superintendent. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
D.
Inspection. All connections to the Village's MS4 shall
be subject to approval and inspection by the Village. The applicant
must notify the Office of the Superintendent at least 48 hours prior
to commencing work and at least 48 hours prior to final restoration.
E.
Indemnification. The property owner shall indemnify
and save the Village harmless from any loss, damage or expense, claims
or suits arising out of and in connection with the installation and
connection to the Village's MS4. In addition, the Village makes no
guarantee that its MS4 will not become surcharged or otherwise overburdened
and that water from the MS4 will not back up through the connection
onto the owner's property. By making a connection, the applicant/owner
assumes all of the risk and liability that may arise from it.
F.
Permit transfers. General permits may be transferred
with the sale of a residential property, provided the use does not
change. The new property owner shall comply with the terms and conditions
of the transferred permit. Special permits are not transferable without
approval of the Superintendent.
G.
Work within Village roads. Any connection made within
or involving work within a Village road will also comply and be subject
to any and all applicable codes and regulations pertaining to permits
for work on and within Village streets and roads. A permit under this
article does not relieve the applicant from the permits under the
foregoing codes and regulations.
H.
Other permits required. A connection permit issued
pursuant to this article does not relieve the applicant from any and
all other permits, permissions, or compliance with rules and regulations
that may be required by federal, state, county, town, and village
government agencies or other public or private parties. This permit
does not supersede any of the above.
I.
Permit rules and regulations. The Superintendent may
promulgate rules and regulations for the permitting process within
the constraints of this article.
A.
Applicability. This section applies to all facilities
that the Superintendent must inspect to enforce any provision of this
article, 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 article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
public and private subject to regulation under this article as often
as may be necessary to determine compliance with this article. 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 allow access to the SMO.
(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 article.
(3)
The Village shall have the right to set up on any
facility subject to this article such devices as are necessary in
the opinion of the Superintendent to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Superintendent has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at his
or her 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 article are a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the Village reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
(6)
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 article, 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 article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
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 Superintendent 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 Superintendent 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.
(1)
When the Superintendent finds that a person has violated
a prohibition or failed to meet a requirement of this article or a
permit issued pursuant to this article, he/she may order compliance
by written notice of violation to the responsible person. Such notice
may require, without limitation, any or all of the actions listed
below:
(a)
The elimination of illicit or unauthorized connections
or discharges;
(b)
That violating discharges, practices, operations,
activities, or connections 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;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment
BMPs.
(2)
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.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed two 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, punishable by a fine not less than $1,000
nor more than $2,000 or imprisonment for a period not to exceed two
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 $2,000 nor more than $5,000 or imprisonment
for a period not to exceed two months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this article 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 within 15 calendar days of its issuance. The Superintendent
shall hear the appeal within 30 days after the filing of the appeal,
and within five days of making his/her decision, issue a decision
by certified mail to the discharger. The Superintendent may conduct
the hearing and take evidence or may designate any officer or employee
of the Office of the Superintendent to do so.
A.
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 five business days of the decision of the
Superintendent, then the Superintendent shall request the owner's
permission for access to the subject private property to take any
and all measures reasonably necessary to abate the violation and/or
restore the property.
B.
If refused access to the subject private property,
the Superintendent may seek a warrant in a court of competent jurisdiction
to be authorized to enter upon the property to determine whether a
violation has occurred. Upon determination that a violation has occurred,
the Superintendent may seek a court order to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
The cost of implementing and maintaining such measures shall be the
sole responsibility of the discharger.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the Superintendent 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.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the Village Attorney and concurrence
of the Superintendent, where:
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 article 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 article and regulations
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 article shall be in full force and effect
upon filing with the Secretary of State.
