[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-1983 by L.L. No. 2-1983 as Ch. 152 of the 1983 Code]
Definitions. As used in this article, the following terms shall have the meanings indicated:
- BOD (denoting "biochemical oxygen demand")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- INDUSTRIAL WASTES
- The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
- SANITARY SEWER
- A sewer which carries domestic, commercial and industrial sewage with consideration given to possible infiltration of groundwater.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
- A pipe or conduit for carrying sewage or stormwater run off.
- STORM SEWER
- A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
- A channel in which a flow of water occurs, either continuously or intermittently.
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town/Village of East Rochester, or in any area under the jurisdiction of said Town/Village, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Town/Village of East Rochester, or in any area under the jurisdiction of said Town/Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town/Village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Town/Village, is hereby required, at his expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so.
A separate and independent building sewer shall be provided for every building.
Old building sewers may be used in connection with new buildings only when they are found, examined and accepted by the Superintendent of Public Works to meet all requirements of this article.
The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavation, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and shall be discharged to the building sewer.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Village. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent of Public Works and/or the Engineer.
The applicant for the building sewer permit shall notify the Building Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent of Public Works or his representative.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
In the event that a street cut is necessary to install said connection, the street shall be restored to the condition it was in before said cut. In the event of failure to so restore within 15 days after written notice by the Highway Superintendent, the Highway Superintendent may so restore, and the cost thereof shall be charged against the premises for which connection was sought and shall constitute a lien thereupon.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent of Public Works and/or the Village Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent of Public Works and/or the Village Engineer to a storm sewer or a natural outlet.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the regional sewage treatment plant.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Superintendent of Public Works and/or the Village Engineer that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent of Public Works and/or the Village Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent factors. The substances prohibited are:
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F.
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower) or greater shall be subject to the review and approval of the Building Inspector.
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement.
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent of Public Works and/or the Village Engineer, as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Building Inspector in compliance with applicable state or federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as but not limited to fuller's earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).
Excessive discoloration (such as but not limited to dye wastes and vegetable-tanning solutions).
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 152-4D above, and which in the judgment of the Superintendent of Public Works and/or the Village Engineer may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent of Public Works and/or the Village Engineer may:
If the Superintendent of Public Works and/or the Village Engineer permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent of Public Works and/or the Village Engineer, and subject to the requirements of all applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent of Public Works and/or the Village Engineer, they are necessary for the proper handling of liquid or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent of Public Works and/or the Village Engineer and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Building Inspector, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Building Inspector. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four hour composites of all outfalls, whereas pH's are determined from periodic grab samples.)
No statement contained in §§ 152-4 through 152-9 shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor by the industrial concern.
The Superintendent of Public Works or other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Superintendent of Public Works or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
While performing the necessary work on private properties referred to in this section, the Superintendent of Public Works or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 152-8.
The Superintendent of Public Works and other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
Any person found to be violating any provision of this article shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation.
[Adopted 10-14-2008 by L.L. No. 5-2008]
The purpose and intent of this article is to ensure the health, safety and general welfare of citizens and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum extent practicable, prohibiting nonstormwater discharges to the storm drain system, and prohibiting stormwater discharges to sanitary sewers.
For the purpose of this article, the following shall mean:
- AUTHORIZED ENFORCEMENT AGENCY
- Employees or designees of the Village of East Rochester.
- 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 subject to SPDES construction permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
- Any individual, association, organization, partnership, firm, corporation or other entity discharging stormwater to the municipal storm sewer.
- 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.
- ILLEGAL DISCHARGE
- Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 152-19 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Village.
- ILLICIT CONNECTIONS
- An illicit connection is defined as either of the following:
- A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater and wash water to enter the storm drain system and any connection 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 a government agency; or
- B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the Village.
- C. Any stormwater discharge to a sanitary sewer unless approved by the Village.
- INDUSTRIAL ACTIVITY
- Activities subject to SPDES industrial permits as defined in 40 CFR 122.26(b)(14).
- INDUSTRIAL WASTES
- Any liquid, gaseous or solid substance or a combination thereof which is an undesired by-product waste resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources, except garbage.
- NONSTORMWATER DISCHARGE
- Any discharge to the storm drain system 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, paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; 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.
- PRIVATE SEWAGE DISPOSAL SYSTEM
- 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.
- SANITARY SEWER
- A sewer which transports sewage and to which storm, surface and ground waters are not intentionally admitted.
- A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwater, surface water and stormwater as may be inadvertently present. The admixture of sewage with industrial wastes as defined above or other wastes also shall be considered "sewage" within the meaning of this definition.
- A. Discharge compliance with water quality standards: the condition that applies where a municipality has been notified that the discharge of stormwater authorized under its municipal separate storm sewer (MS4) permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the Village 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 Village's MS4 permit that applies where the Village discharges to a 303(d)-listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d)-listed water.
- C. Total maximum daily load (TMDL) strategy: the condition in the Village's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the Village discharges. If the discharge from the Village did not meet the TMDL stormwater allocation prior to September 10, 2003, the Village was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
- D. The condition in the Village's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which the Village discharges. Under this condition the Village must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If the Village is not meeting the TMDL stormwater allocations, the Village must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by NYSDEC [under authority delegated pursuant to 33 U.S.C. § 1342 (b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual or general area-wide basis.
- STORM DRAINAGE SYSTEM
- 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 (i.e., ditches), reservoirs and other drainage structures.
- Any surface flow, runoff or drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
- STORMWATER POLLUTION PREVENTION PLAN
- A document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable.
- 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 of Environmental Conservation as required by Section 303(d) of the Clean Water Act. Section 303(d)-listed water 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 (TMDL)
- The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
- The Town/Village of East Rochester.
- Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
- Waters of the United States as defined at 40 CFR 122.2.
- WATERS OF THE UNITED STATES
- Surface watercourse and water bodies as defined at 40 CFR 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
This article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Village. The Local Law shall also apply to stormwater entering the sanitary sewers.
The Village shall administer, implement and enforce the provisions of this article. Any powers granted or duties imposed upon the Village may be delegated in writing by the Village to persons or entities acting in the beneficial interest of or in the employ of the Village, by the Mayor, with the approval of the Village Board of Trustees.
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend or imply that compliance by any person will ensure that there will not be contamination, pollution nor unauthorized discharge of pollutants.
The Village, its employee(s) and/or designated representative(s) bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, records examination and copying, observation, measurements, sampling, and testing pertinent to discharge or potential to discharge and for repair and maintenance to the municipal separate storm sewer system.
Confidentiality of information.
Information and data on a nondomestic source obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the nondomestic source specifically requests and is able to demonstrate to the satisfaction of the Village that the release of such information would divulge information, processes or methods of production entitled to protection as confidential information according to the criteria set forth in 40 CFR 2.208 and 2.302, as may be amended from time to time.
When requested by the person furnishing a report, the portions of a report which might disclose confidential information shall not be made available for inspection by the public. Stormwater constituents and characteristics will not be recognized as confidential information.
Information accepted by the Village as confidential shall be made available upon request to any agency meeting the requirements of Section 308 of the Clean Water Act, including officers, employees or authorized representatives of the United States concerned with carrying out the Clean Water Act, bound by the confidentiality rules in 40 CFR Part 2, as may be amended from time to time.
While performing the necessary work on private properties referred to in § 152-18A, the Village shall observe all safety rules applicable to the premises established by the person, and the person shall be held harmless for injury or death to the authorized representative(s), and the Village shall indemnify the person against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the person by Village employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the person to maintain safe conditions.
Unreasonable delays in allowing the Village access to the premises or other interference with the activities of the Village shall be a violation of this article. Access to property and/or records of a nondomestic source may not be refused on the basis that the Village refuses to sign any waiver, access agreement, or similar document.
If the Village has been refused access to a building, structure or property or any part thereof, and if the Village has demonstrated probable cause to believe that there may be a violation of this article or that there is a need to inspect as part of a routine inspection program of the Village to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Village will make an application to a court of competent jurisdiction for a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant application shall specify what, if anything, may be searched and/or seized on the property described. If granted by the court, such warrant shall be served at reasonable hours by the Village in the company of a uniformed officer of the law enforcement agency with jurisdiction over the property. In the event of an emergency affecting public health and safety, inspections may be made without the issuance of a warrant.
Prohibition of illegal discharges.
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 152-14, improper management of animal waste or any other activity that causes or contributes to violations of the Village's separate storm sewer system (MS4) SPDES permit authorization.
Upon notification to a person that it is engaged in activities that cause or contribute to violations of the Village's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that it no longer causes or contributes to violations of the Village's MS4 SPDES permit authorization.
Prohibition exceptions. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
The following discharges are exempt from discharge prohibitions established by this article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated and non-sediment-laden pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air-conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically less than one ppm chlorine), fire-fighting activities and any other water source not containing pollutants. Regardless of exemption, best management practices should be implemented to reduce impacts from the above activities.
Discharges specified in writing by the Village as being necessary to protect public health and safety.
Dye testing is an allowable discharge but requires a verbal notification to the Village prior to the time of the test.
The prohibition shall not apply to any nonstormwater discharge permitted under SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the New York State Department of Environmental Conservation, 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 storm drain system by the Village.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
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.
A person is considered to be in violation of this article if the person connects a pipe or line conveying sewage to the municipal separate storm sewer system (MS4) or allows such a connection to continue.
Waste disposal prohibitions. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drainage system, or water of the United States, any refuse, rubbish, yard/lawn waste, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
Prohibition against failing private sewage disposal systems. No person shall construct or maintain any cesspool, sewage disposal system, pipe or drain so as to expose or discharge the sewage contents or other deleterious liquids or matter therefrom to the atmosphere or on the ground surface or into any storm sewer or drain or as to endanger any watercourse or body of water unless a permit for such discharge shall have been issued by the Monroe County Department of Public Health or by the State Department of Health or the State Department of Environmental Conservation and such discharge shall be made in accordance with the requirements thereof. Owners or operators of private sewage disposal systems shall operate, maintain and inspect such systems in accordance with the Monroe County Sewer Use Law.
Prohibition of stormwater discharge to sanitary sewer. Stormwater shall not be discharged into the sanitary sewer without written permission to do so from the Village.
Suspension due to illicit discharges in emergency situations. The Village may, without prior notice, suspend discharge access into the MS4 to a person when such a 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; to the storm drainage system, including but not limited to pipes, manholes, outfall structures and storm laterals; or the waters of the United States. If the violator fails to comply with a suspension order, the Village may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize danger to persons.
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this article may have its MS4 access suspended or terminated if such action would abate or reduce an illicit discharge. The Village will notify a violator of the proposed suspension or termination of its MS4 access. The violator may petition the authorized enforcement agency, or its designee, to reconsider the suspension or termination of MS4 access by requesting a hearing.
It shall be unlawful for any person to reinstate MS4 access to premises suspended or terminated pursuant to this section without the prior approval of the Village.
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 discharge or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
Applicability. This section applies to all facilities that the Village must inspect to enforce any provision of this article or whenever the Village has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this article.
Access to facilities.
The Village shall be permitted to enter and inspect, at any time, facilities 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 which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Village.
Facility operators shall allow the Village ready access to all parts of the premises for the purpose of inspection, sampling and examination of the private storm drainage system. persons or facility operators must supply copies, if requested by the Village, of all records kept under the conditions of the SPDES stormwater discharge permit. persons or facility operators must also identify the performance of any additional duties as defined by state and federal law.
The Village shall have the right to place or position on any permitted facility such devices as are necessary in the opinion of the Village to conduct monitoring and/or sampling of the facility's discharge to the storm sewer system.
The Village has the right to require the discharger to install monitoring equipment as necessary. 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 as necessary and recommended by the manufacturer to ensure their accuracy.
Any temporary or permanent obstruction to the facility which allows for unsafe access or difficulty in monitoring, inspecting or sampling of the storm drainage system shall be promptly removed by the discharger at the written or verbal request of the Village and shall not be replaced. All costs associated with clearing such access restrictions shall be borne by the discharger in full.
Unreasonable delays, as determined by the Village, in allowing the Village access to a facility, which is permitted under the New York State Department of Environmental Conservation SPDES Program, for the purposes of conducting any activity authorized or required by the permit, is considered a violation of said program and of this article.
If the Village has been refused access to any part of the premises from which a discharge or conveyance to the storm sewer system exists and the Village is able to demonstrate probable cause to believe that there may be a violation of local law or that there is a need to further inspect and/or sample the private stormwater system to verify compliance with this article or any order issued hereunder or to protect the overall public health, safety and welfare of the community, then the Village may seek issuance of a search warrant from any court of competent jurisdiction.
Best management practices. The Village will adopt requirements identifying best management practices (BMPs) for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal storm drainage system. Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the maximum extent practicable, shall be deemed compliant with the provisions of this section. Appropriately designed structural/nonstructural BMPs shall be included as part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the SPDES permit.
Private sewage disposal systems. Where private sewage disposal systems are contributing discharge to the Village subject to the special conditions as defined in § 152-14 of this article, the owner or operator of such private sewage disposal system shall be required to maintain and operate the system as follows:
Private sewage disposal systems should be operated, maintained and inspected in accordance with the Monroe County Sewer Use Law.
Septic tank additives shall not be used.
Repair or replace private sewage disposal systems as follows:
No person shall alter a stormwater practice on private or publicly owned land such that it alters the stormwater practice from its intended use.
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 in a manner which prevents illicit discharges and keeps the watercourse free of trash, debris, yard/lawn waste, 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 the illegal discharge of pollutants into stormwater, the public or private storm drain system or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment and cleanup of any such release. In the event a release of hazardous materials occurs, said person shall immediately notify the NYSDEC Region 8 Spill Response Team and/or call the New York State Spill Hotline within the time frame established by law as well as notify the Village of the occurrence. In the event of a release of nonhazardous materials, said person shall notify the Village 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 Village, postmarked within three business days of the date of the in-person or 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 five years.
Whenever the Village finds that a person has violated a prohibition or failed to meet a requirement of this article, the Village may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
The performance of monitoring, analyses and reporting.
The elimination of illicit connections or discharges.
That violating discharges, practices or operations shall cease and desist.
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
Payment of a fine to cover administrative and remediation costs.
The implementation of source control or treatment BMPs.
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 the Village and/or its designated agent or contractor, designated governmental agency or a contractor, and the expense thereof shall be charged to the violator.
In addition to or as an alternative to any penalty provided herein or by law, any violation of this article is punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; a second violation of this article, committed within a period of five years, is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and a third or subsequent violation of this article within a period of five years is punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination of the Village. The notice of appeal must be in writing and received by the Village within 10 days from the date of the notice of violation. Hearing on the appeal before the Village Board of Trustees shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Board of Trustees or its designee shall be made within 15 days and be final.
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 days of the decision of the municipal authority upholding the decision of the Village, its representatives and/or employees may enter upon the subject private property with the consent of the owner or with a valid search and/or seizure warrant and are authorized to take any and all measures necessary to abate the violation and/or restore the property.
Within 10 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protection claim objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the Village by reason of such violation.
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 Village 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 article, the Village may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
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.
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. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law and, upon conviction, shall be guilty of a violation and subject to a penalty as set forth in § 152-27 of this article.
The Village may recover all attorney fees, court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the Village to seek cumulative remedies.
Whenever any local law, ordinance or regulation of the Village of East Rochester, County of Monroe, State of New York or United States of America is inconsistent with this article whichever local law, ordinance, or regulation is more stringent shall supersede the less stringent local law, ordinance, or regulation.