The purpose of this Part 2 is to provide for
the health, safety and general welfare of the citizens of the incorporated
municipality of the Village of Brewster, New York (hereinafter "Village"),
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 Part 2 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 Part 2 are:
A. To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02 — SPDES
Permit No. NYR20A256, 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 Part 2; 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 Part 2, unless a different
meaning is stated in a definition applicable to only a portion of
this Part 2, the following terms will have meanings set forth below:
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 the
next two years.
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, 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.
DEPARTMENT
The New York State Department of Environmental Conservation.
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 CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal 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 §
209-18 of this Part
2.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
MS4
Municipal separate storm sewer system.
MUNICIPALITY
The incorporated municipality of the Village of Brewster,
New York.
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):
A.
Owned or operated by the Village;
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 personal or business 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 the 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.
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.
B.
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 Village's 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. The
condition in the municipality's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by the 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.
D.
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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Municipal Engineer or other public official(s)
designated by the Village to enforce this Part 2. The SMO may also
be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
TMDL
Total maximum daily load.
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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This Part 2 shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement and enforce the provisions of this Part
2. 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 municipality.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the municipality'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 component 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.
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 allowing of discharges
to the MS4.
Notwithstanding other requirements of Part 2,
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 is
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 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.
Any person receiving a notice of violation may
appeal the determination of the SMO to the Village of Brewster Board
of Trustees 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, file its decision in the office of the Village
Clerk and mail a copy of its decision by certified mail to the discharger.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
Part 2. If a person has violated or continues to violate the provisions
of this Part 2, 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 addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this Part 2 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 Part 2 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.