[Adopted 1-7-2008 by L.L. No. 1-2008 (Ch. 41D, Art. I, of the 1968 Code)]
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:
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.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
HAZARDOUS MATERIAL
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 §
433-7 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Village of Fairport.
ILLICIT CONNECTIONS
An illicit connection is defined as any one or more 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;
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 of Fairport;
C.
Any stormwater discharge to a sanitary sewer
unless approved by the Village of Fairport.
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.
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, debris 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.
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 groundwater
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 stormwater,
surface water and groundwater are not intentionally admitted.
SEWAGE
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.
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 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 of Fairport 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
of Fairport's MS4 permit that applies where the Village of Fairport
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 of Fairport 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 of Fairport
discharges. If the discharge from the Village of Fairport did not
meet the TMDL stormwater allocation prior to September 10, 2003, the
Village of Fairport 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 of Fairport'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 of Fairport discharges.
Under this condition, the Village of Fairport must review the applicable
TMDL to see if it includes requirements for control of stormwater
discharges. If the Village of Fairport is not meeting the TMDL stormwater
allocations, the Village of Fairport 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.
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.
STORMWATER
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. 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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
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 of Fairport. The article
also applies to stormwater entering the sanitary sewers.
The Village of Fairport shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Village of Fairport may be delegated in writing
by the Village Administrator of the Village of Fairport to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
The standards set forth herein and promulgated
pursuant to this article are minimum standards. Nothing herein shall
be construed as intending or implying that compliance herewith by
any person will ensure that there will not be contamination, pollution
or unauthorized discharge of pollutants.
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 of Fairport 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.
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 discharges 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 NYS Spill
Hotline within the time frame established by law as well as notify
the Village of Fairport of the occurrence. In the event of a release
of nonhazardous materials, said person shall notify the Village of
Fairport 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 of Fairport
(Village Administrator, 31 South Main Street, Fairport, New York 14450),
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.
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 30 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 30 days, or both. Each day's continued
violation shall constitute a separate additional violation.
Any person receiving a notice of violation may
appeal the determination of the Village of Fairport. The notice of
appeal must be received within 10 days from the date of the notice
of violation. Hearing on the appeal before the Village Administrator
or his or her designee shall take place within 15 days from the date
of receipt of the notice of appeal. The decision of the municipal
authority or their 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 a decision of the municipal
authority upholding the decision of the Village of Fairport, 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
of Fairport 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 of Fairport may petition a court of competent
jurisdiction for injunctive relief (temporary restraining order, temporary
injunction, 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 of Fairport 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.
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
of Fairport to seek cumulative remedies.
If the Village of Fairport retains the services
of a professional engineer or other professional for the purpose of
reviewing or analyzing a document or plan required hereunder, or for
the purpose of assisting the Village in monitoring the implementation
of a document or plan, the Village may charge back the cost thereof
to the applicant or other person seeking to implement or maintain
the document or plan.
Pursuant to Chapter
240, Fees, of the Code of the Village of Fairport, the Village Board may, from time to time, establish fees and set them forth in a fee schedule. The fees set forth in, or determined in accordance with, such fee schedule or amendments thereto shall be charged and collected for the submission of applications, the issuance of permits, amended permits and inspections, as well as any other actions of the designated agent and Stormwater Management Officer contemplated herein.