[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:
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 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.
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 §
147-8A of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
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
B.
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.
INDUSTRIAL ACTIVITY
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
NONSTORMWATER DISCHARGE
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.
PERSON
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.
POLLUTANT
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.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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, reservoirs, and other drainage structures.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT PLAN
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.
WASTEWATER
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.
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.
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.
[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.
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.