[HISTORY: Adopted by the Board of Trustees
of the Village of Fayetteville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-18-2007 by L.L. No. 5-2007]
The purpose of this article is to provide for
the health, safety and general welfare of the citizens of the Village
of Fayetteville through the regulation of nonstormwater discharges
to the storm drainage system to the maximum extent practicable as
required by federal and state law. This article establishes methods
for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) and
the New York State Pollutant Discharge Elimination System (SPDES)
permit process. The objectives of this article are:
A.
To regulate the contribution of pollutants to the
MS4 by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to
the MS4.
C.
To establish legal authority to carry out all inspection,
surveillance, monitoring and enforcement procedures necessary to ensure
compliance with this article.
For the purposes of this article, the following
shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this article.
Schedules of activities, prohibitions of practices, general
good-housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities subject to NPDES or SPDES construction permits.
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 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 direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 147-8A of this article.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface
or subsurface, that allows an illegal discharge to enter the storm
drain system, including but not limited to any conveyances that allow
any nonstormwater discharge, including sewage, process wastewater
and wash water, to enter the storm drain system and any connections
to the storm drain system front 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 storm drain system that has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
Activities subject to NPDES or SPDES industrial stormwater
permits, except for construction activities covered under GP-02-01
or GP-0-08-001, as amended or revised.
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Village of Fayetteville and designed or used for collecting or
conveying stormwater, and that is not used for collecting or conveying
sewage.
A permit issued by the EPA (or by a state under authority
delegated pursuant to 33 U.S.C. § 1342(b) [SPDES]) that
authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group, or general
area-wide basis.
Any discharge to the storm drain system that is not composed
of surface water meeting the water quality standards identified within
Part 70, Surface Water and Groundwater Quality Standards and Groundwater
Effluent Limitations of the Official Compilation of Codes, Rules and
Regulations of the State of New York.
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, ordinance 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.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Rainwater, surface runoff, snowmelt and drainage.
A document which describes the best management practices
and activities to be implemented by a person or business 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.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted.
The Code Enforcement Officer of the Village
of Fayetteville shall administer, implement and enforce the provisions
of this article. Any powers granted or duties imposed upon the Code
Enforcement Officer may be delegated, in writing, by the Mayor of
the Village of Fayetteville to persons or entities acting in the beneficial
interest of or in the employ of the agency.
This article is not intended to modify or repeal
any other law, rule, regulation or other provision of law. The requirements
of this article are in addition to the requirements of any other law,
rule, regulation or other provision of law. Where any provision of
this article imposes restrictions different from those imposed by
any other law, rule, regulation or other provision of law, whichever
provision is more restrictive or imposes higher protective standards
for human health or the environment shall control.
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.
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 be no contamination, pollution or unauthorized discharge
of pollutants.
A.
Prohibition of illegal discharges. No person shall
throw, drain or otherwise discharge, cause or allow others under said
person's control to throw, drain or otherwise discharge into the MS4
any pollutants or waters containing any pollutants, other than stormwater.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article: waterline flushing, landscape
irrigation, diverted stream flows, rising groundwaters, uncontaminated
groundwater infiltration, uncontaminated pumped groundwater, discharges
from potable water sources, foundation drains, air-conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges and
street wash water.
(2)
Discharges or flow from firefighting and other discharges
specified, in writing, by the Code Enforcement Officer as being necessary
to protect public health and safety.
(3)
Discharges associated with dye testing; however, this
activity requires a verbal notification to the Code Enforcement Officer
prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES or SPDES permit, waiver or waste
discharge order issued to the discharger and administered under the
authority of the United States Environmental Protection Agency (EPA)
or 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the MS4
or allows such a connection to continue.
(4)
Improper connections in violation of this article
must be connected and redirected, if necessary, to an approved on-site
wastewater management system or the sanitary sewer system upon approval
of the Code Enforcement Officer of the Village of Fayetteville.
(5)
Any drain or conveyance that has not been documented
in plans, maps or equivalent and which may be connected to the storm
sewer system shall be located by the owner or occupant of that property
upon receipt of a written notice of violation from the Code Enforcement
Officer of the Village of Fayetteville requiring that such locating
be completed. Such notice will specify a reasonable time period within
which the location of the drain or conveyance is to be determined,
that the drain or conveyance be identified as storm sewer, sanitary
sewer or other and that the outfall location or point of connection
to the storm sewer system, sanitary sewer system or other discharge
point be identified. Results of these investigations are to be documented
and provided to the Code Enforcement Officer of the Village of Fayetteville.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation and other obstacles that would pollute, contaminate
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse so that such
structures will not become a hazard to the use, function or physical
integrity of the watercourse.
A.
Compliance with permit. Any person subject to an industrial
or construction activity NPDES or 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 Code
Enforcement Officer prior to the allowing of discharges to the MS4.
B.
Submission of notice of intent to Village.
(1)
The operator of a facility, including construction
sites, required to have an NPDES or SPDES permit to discharge stormwater
associated with industrial activity shall submit a copy of the notice
of intent (NOI) to the Code Enforcement Officer at the same time the
operator submits the original notice of intent to the EPA or state
DEC as applicable.
(2)
The copy of the notice of intent may be delivered
to the Code Enforcement Officer either in person or by mailing it
to:
|
Notice of Intent to Discharge Stormwater
Code Enforcement Officer, Village of Fayetteville
425 East Genesee Street
Fayetteville, New York 13066
|
(3)
A person commits an offense if the person operates
a facility that is discharging stormwater associated with industrial
activity without having submitted a copy of the notice of intent to
do so to the Code Enforcement Officer.
A.
Right of entry for inspection and sampling. The Village
Code Enforcement Officer or his/her designee shall be permitted to
enter and inspect facilities subject to regulation under this article
as often as may be necessary to determine compliance with this article.
(1)
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 Code Enforcement Officer.
(2)
Facility operators shall allow the Village Code Enforcement
Officer or his/her designee ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an NPDES or SPDES
permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law. The Village Code Enforcement
Officer or his/her designee shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of
the Village Code Enforcement Officer or his/her designee to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(3)
The Village Code Enforcement Officer or his/her designee
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 to ensure said devices'
accuracy.
(4)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Village Code Enforcement Officer or his/her designee and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(5)
Unreasonable delays in allowing the Village Code Enforcement
Officer or his/her designee access to a permitted facility is a violation
of a stormwater discharge permit and of this article. A person who
is the operator of a facility with an NPDES or SPDES permit to discharge
stormwater associated with industrial activity commits an offense
if the person denies the Village Code Enforcement Officer or his/her
designee reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
B.
Search warrants. If the Village Code Enforcement Officer
or his/her designee 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 inspection and/or sample as part of a routine
inspection and sampling program designed 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
Code Enforcement Officer may seek issuance of a search warrant from
any court of competent jurisdiction.
The Village Code Enforcement Officer or his/her
designee will adopt requirements identifying best management practices
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 such activity,
operation or facility shall provide, at said owner's or operator's
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 these structural and nonstructural
BMPs. Further, any person responsible for a property or premises that
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 MS4. Compliance
with all terms and conditions of a valid NPDES or SPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a stormwater management
plan (SWMP) as necessary for compliance with requirements of the NPDES
permit.
A.
Notwithstanding other requirements of this article,
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
stormwater, the storm drain system or waters of the United States,
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 Village Code Enforcement Officer or his/her designee, 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 Code Enforcement Officer
or his/her designee within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least 10 years.
B.
Failure to provide notification of a release as provided
above is a violation of this article.
A.
Violations.
(1)
It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this article.
Any person who has violated or continues to violate the provisions
of this article may be subject to the enforcement actions outlined
in this section or may be restrained by injunction or otherwise abated
in a manner provided by law.
(2)
In the event the violation constitutes an immediate danger to public health or public safety, the Village Code Enforcement Officer or his/her designee is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Village Code Enforcement Officer is authorized to seek costs of the abatement as outlined in § 147-18.
B.
Warning notice. When the Village Code Enforcement
Officer or his/her designee finds that any person has violated, or
continues to violate, any provision of this article or any order issued
hereunder, the Village Code Enforcement Officer or his/her designee
may serve upon that person a written warning notice, specifying the
particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge will cease. Investigation and/or resolution
of the matter in response to the warning notice in no way relieves
the alleged violator of liability for any violations occurring before
or after receipt of the warning notice. Nothing in this subsection
shall limit the authority of the Village Code Enforcement Officer
or his/her designee to take any action, including emergency action
or any other enforcement action, without first issuing a warning notice.
C.
Notice of violation.
(1)
Whenever the Village Code Enforcement Officer or his/her
designee finds that a person has violated a prohibition or failed
to meet a requirement of this article, the Village Code Enforcement
Officer or his/her designee may order compliance by written notice
of violation to the responsible person. The notice of violation shall
contain:
(a)
The name and address of the alleged violator;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring
or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to restore compliance with this article and a time schedule for the
completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
A statement specifying that, should the violator
fail to restore compliance within the established time schedule, the
work will be done by a designated governmental agency or a contractor
and the expense thereof shall be charged to the violator.
(2)
Such notice may require without limitation:
(a)
The performance of monitoring, analyses and
reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices or operations
shall cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and
remediation costs; and
(f)
The implementation of source control or treatment
BMPs.
D.
Compensatory action. In lieu of enforcement proceedings,
penalties, and remedies authorized by this article, the Village Code
Enforcement Officer or his/her designee may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
E.
Suspension of MS4 access.
(1)
Emergency cease-and-desist orders.
(a)
When the Village Code Enforcement Officer or
his/her designee finds that any person has violated, or continues
to violate, any provision of this article or any order issued hereunder
or that the person's past violations are likely to recur and that
the person's violation(s) has (have) caused or contributed to an actual
or threatened discharge to the MS4 or waters of the United States
which reasonably appears to present an imminent or substantial endangerment
to the health or welfare of persons or to the environment, the Village
Code Enforcement Officer or his/her designee may issue an order to
the violator directing said violator to immediately cease and desist
all such violations and directing the violator to:
(b)
Any person notified of an emergency order directed
to said person under this subsection shall immediately comply and
stop or eliminate the endangering discharge. In the event of a discharger's
failure to immediately comply voluntarily with the emergency order,
the Village Code Enforcement Officer or his/her designee may take
such steps as deemed necessary to prevent or minimize harm to the
MS4 or waters of the United States and/or endangerment to persons
or to the environment, including immediate termination of a facility's
water supply, sewer connection or other municipal utility services.
The Village Code Enforcement Officer or his/her designee may allow
the person to recommence discharge when said person has demonstrated
to the satisfaction of the Village Code Enforcement Officer that the
period of endangerment has passed, unless further termination proceedings
are initiated against the discharger under this article. A person
that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing
the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to the Village Code Enforcement Officer or
his/her designee within 10 days of receipt of the emergency order.
Issuance of an emergency cease-and-desist order shall not be a bar
against, or a prerequisite for, taking any other action against the
violator.
(2)
Suspension due to illicit discharges in emergency
situations. The Village Code Enforcement Officer or his/her designee
may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment or to the health or welfare of persons or to the
MS4 or waters of the United States. If the violator fails to comply
with a suspension order issued in an emergency, the Village Code Enforcement
Officer or his/her designee 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.
(3)
Suspension due to detection of illicit discharges.
(a)
Any person discharging to the MS4 in violation
of this article may have its MS4 access terminated if such termination
would abate or reduce an illicit discharge. The Village Code Enforcement
Officer or his/her designee will notify a violator of the proposed
termination of its MS4 access.
(b)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section, without
the prior approval of the Village Code Enforcement Officer or his/her
designee.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.
Any person receiving a notice of violation may
appeal the determination of the Village Code Enforcement Officer or
his/her designee. The notice of appeal must be received within 10
days from the date of the notice of violation. Hearing on the appeal
before the appropriate authority or his/her designee shall take place
within 60 days from the date of receipt of the notice of appeal. The
decision of the municipal authority or his/her designee shall 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 30 days of the decision of the municipal
authority upholding the decision of the Village Code Enforcement Officer
or his/her designee, then representatives of the Code Enforcement
Officer shall enter upon the subject private property and are authorized
to take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
government agency or designated contractor to enter upon the premises
for the purposes set forth above.
A.
Within 30 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 protest
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.
B.
Any person violating any of the provisions of this
article shall become liable to the Village of Fayetteville by reason
of such 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 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.
A.
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 Code Enforcement
Officer to seek cumulative remedies.
B.
The Village Code Enforcement Officer or his/her designee
may recover all attorneys' fees, court costs and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.
