The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Town
of Aurora through the regulation of nonstormwater discharges to the
MS4 to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the MS4 in order to comply with the requirements
of the SPDES General Permit for MS4s. The objectives of this article
are:
A. To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
B. To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C. To prohibit illicit connections, activities and discharges
to the MS4;
D. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; 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.
No person shall discharge or cause to be discharged
into the MS4 any materials other than stormwater, except as provided
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 article, unless NYSDEC or the Town
has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources, landscape irrigation
or lawn watering, existing diverted stream flows, rising groundwater,
uncontaminated groundwater infiltration to storm sewers, 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 fire-fighting 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, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may 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 article.
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 of illegal discharges 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 NYSDEC, 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.
Where the SMO has identified illicit discharges or an activity contaminating stormwater, as defined in §
93-54 of this article, the Town may require implementation of BMPs to control those illicit discharges and activities.
A. The owner or operator of a commercial or industrial
establishment shall provide, at his/her own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the MS4 through the use of structural and nonstructural BMPs.
B. Any person responsible for a property or premises which is or may be the source of an illicit discharge or an activity contaminating stormwater, as defined in §
93-54 of this article, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C. Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this article.
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.
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 illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Town, in person or by telephone or facsimile,
no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed
to the Town within three business days of the telephone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
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 SMO may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this 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.
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 authorized
enforcement agency to seek cumulative remedies.