This purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Fishkill through
the regulation of nonstormwater discharges to the municipal separate
stormwater sewer system (MS4) to the maximum extent practicable as
required by federal and state law. This chapter establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with the requirements of the SPDES general permit for municipal
separate stormwater sewer systems. The intent of this chapter is to
meet the following objectives:
A. To meet the requirements of the SPDES general permit for stormwater
discharges from MS4s, Permit No. GP-02-02, as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C. To prohibit illicit connections, activities and discharges to the
MS4;
D. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this chapter, unless a different meaning is
stated in a definition applicable only to a portion of this chapter,
the following terms will have the meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation
(NYSDEC or DEC).
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
A.
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and wash water, to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
B.
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
94-6 of this chapter.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
An on-site facility serving one or more parcels of land or
residential households that treats sewage or other liquid wastes,
without the admixture of industrial wastes or other wastes, as those
terms are defined in New York Environmental Conservation Law § 17-0701,
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, as hereafter
revised or amended.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
MS4 or MUNICIPAL SEPARATE STORMWATER SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by the Town of Fishkill;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or the owner's agent.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its MS4 permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition the municipality
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
B.
Section 303(d)-listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d)-listed
water. Under this condition the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
C.
Total maximum daily load (TMDL) strategy: the condition in the
municipality's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by the United
States Environmental Protection Agency (EPA) for a water body or watershed
into which the MS4 discharges. If the discharge from the MS4 did not
meet the TMDL stormwater allocations prior to September 10, 2003,
the municipality was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
D.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges. Under this condition the
municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
OFFICER (SMO)
An employee, the Municipal Engineer or other public official(s)
designated by the Town of Fishkill to enforce this chapter. The SMO
may also be designated by the Town to accept, review and approve stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect practices. Plan reviews and site inspections may
be delegated to a consulting engineer and/or a consultant paid for
through the applicant's escrow account; however, a municipal
employee or board member must make the final approval (hereinafter
referred to as the "authorized representative of the SMO").
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. Section 303(d)-listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
TOTAL MAXIMUM DAILY LOAD (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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This chapter shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this chapter. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMO as may be authorized by the
Town Board.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter 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 chapter.
No person shall discharge or cause to be discharged into the
MS4 any materials other than stormwater except as provided in Subsection
A below. The commencement, conduct or continuance of any illegal discharge
to the MS4 is prohibited except as described as follows:
A. The following discharges are exempt from discharge prohibitions established
by this chapter, unless the Department or the Town has determined
them to be substantial contributors of pollutants: waterline flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from firefighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
B. Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage (also referred to as an "emergency discharge").
(1) In an emergency situation, the SMO shall have the authority to approve
a discharge, which otherwise would constitute a violation of this
chapter, if such discharge is necessary to protect life or property
from imminent harm or damage. A discharge shall be deemed necessary
to protect life or property from imminent harm or damage when one
or more of the following conditions exist:
(a)
Without an emergency discharge, a residential dwelling will
be rendered uninhabitable; or
(b)
Without an emergency discharge, a hotel or motel, as those terms are defined within Chapter
150, Zoning, will be rendered uninhabitable.
(2) The procedure for obtaining permission for an emergency discharge
shall be as follows:
(a)
The owner of the subject property shall contact the SMO either
in person, by telephone or by letter to explain the facts justifying
an emergency discharge; and
(b)
Before making a decision on whether an emergency discharge is
warranted, the SMO may, in his/her sole discretion, require the property
owner to complete and execute an application for emergency discharge
in which the owner recites the facts justifying an emergency discharge
and affirms that such facts are true and accurate. Such application
shall be signed by the owner in the presence of a notary public.
(c)
The SMO shall issue his/her decision in writing within a reasonable
time after the owner has requested permission for an emergency discharge.
(d)
The SMO shall file a copy of his/her decision with the Town
Clerk.
(e)
The property owner shall, within three days of an emergency
discharge permitted by the SMO, file with the SMO and the Town Clerk
a written statement which shall identify:
[1]
The contents of what was discharged to the Town's MS4 (i.e.,
waste, chemicals, etc.) with as much specificity as is possible; and
[2]
Whether the problem that led to the need for an emergency discharge
has been rectified; and
[3]
Any other information requested by the SMO.
[4]
Such approval by the SMO shall not be construed to constitute
compliance with other applicable laws and requirements and, therefore,
does not relieve the property owner of any other obligations to obtain
permits, approvals, waivers, etc.
[5]
Such emergency discharges may only be permitted for a specified
time period and under such conditions as the SMO may deem appropriate
to protect such life and property while reasonably maintaining the
purpose and intent of this chapter.
C. Dye testing in compliance with applicable state and local laws is
an allowable discharge but requires a verbal notification to the SMO
prior to the time of the test.
D. The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, 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 MS4.
No person shall operate a failing individual sewage treatment
system in areas tributary to the Town's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
A. The backup of sewage into a structure.
B. Discharges of treated and untreated sewage onto the ground surface.
C. A connection or connections to a separate stormwater sewer system.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F. Contamination of off-site groundwater that has been substantiated
by reliable scientific evidence as attributable to the individual
sewage treatment system.
G. Fails to comply with the provisions of the Dutchess County Sanitary
Code, as hereafter amended or revised.
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 Town prior to the allowing of discharges
to the MS4.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board within 15 days of its issuance, which
Board shall hear the appeal within 30 days after the filing of the
appeal and, within five days of making its decision, file its decision
in the office of the Town Clerk and mail a copy of its decision by
certified mail to the discharger.
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
as a misdemeanor by a fine not less than $350 nor more than $700 or
imprisonment for a period not to exceed six months, or both; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, punishable as a misdemeanor by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, repeat violations
of this chapter shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Town may commence a civil action in Supreme Court 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, and may request civil damages in the amounts set forth in §
94-18 in any court of competent jurisdiction.
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 chapter is a threat to public health, safety,
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.