[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-7-2008 by L.L. No. 1-2008[1] (Ch. 41D, Art. I, of the 1968 Code)]
[1]
Editor's Note: This local law was approved
by the Mayor 1-7-2008.
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:
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 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.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
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 § 433-7 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Village of Fairport.
An illicit connection is defined as any one or more of the
following:
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;
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;
Any stormwater discharge to a sanitary sewer
unless approved by the Village of Fairport.
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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, 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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
A sewer which transports sewage and to which stormwater,
surface water and groundwater are not intentionally admitted.
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.
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.
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.
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.
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.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342(b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
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.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
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.
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.
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.
The Village Administrator of the Village of Fairport.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Waters of the United States as defined at 40 CFR 122.2.
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.
A.Â
The Village of Fairport bearing proper credentials
and identification shall be permitted to enter all properties for
the purposes of inspection, records examination and copying, observation,
measurements, sampling, and testing pertinent to discharge or potential
to discharge, and for repair and maintenance to the municipal separate
storm sewer system.
B.Â
Information and data on a nondomestic source obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction, unless the nondomestic
source specifically requests and is able to demonstrate to the satisfaction
of the Village of Fairport that the release of such information would
divulge information, processes or methods of production entitled to
protection as confidential information according to the criteria set
forth in 40 CFR 2.208 and 2.302, as may be amended from time to time.
(1)Â
When responding to a request for a report, the responder
should use reasonable judgment in attempting to delete those portions
that might reasonably contain confidential information. Stormwater
constituents and characteristics will not be recognized as confidential
information.
(2)Â
Information accepted by the Village of Fairport as
confidential shall be made available upon request to any agency meeting
the requirements of Section 308 of the Clean Water Act, including
officers, employees or authorized representatives of the United States
concerned with carrying out the Clean Water Act, bound by the confidentiality
rules in 40 CFR Part 2, as may be amended from time to time.
C.Â
While performing the necessary work on private premises referred to in Subsection A, the Village of Fairport shall observe all safety rules applicable to the premises established by the person, and the person shall be held harmless for injury or death to the authorized representative(s). The Village of Fairport shall indemnify the person against loss or damage to its property by Village of Fairport employees, and liability claims and demands for personal injury or property damage asserted against the person by Village of Fairport employees arising out of the inspection and sampling operation, except as such may be caused or exacerbated by negligence or failure of the person to maintain safe conditions.
D.Â
Unreasonable delays in allowing the Village of Fairport
access to the premises or other interference with the activities of
the Village of Fairport shall be a violation of this article. Access
to property and/or records of a nondomestic source may not be refused
on the basis that the Village of Fairport refuses to sign any waiver,
access agreement, or similar document.
E.Â
If the Village of Fairport has been refused access
to a premises, building, structure or property or any part thereof,
and if the Village of Fairport has demonstrated probable cause to
believe that there may be a violation of this article, or that there
is a need to inspect as part of a routine inspection program of the
Village of Fairport to verify compliance with this article or any
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the Village of Fairport
may make an application to a court of competent jurisdiction for a
search and/or seizure warrant describing therein the specific location
subject to the warrant. The warrant application shall specify what,
if anything, may be searched and/or seized on the property described.
If granted by the court, such warrant shall be served at reasonable
hours by the Village of Fairport in the company of a uniformed officer
of the law enforcement agency with jurisdiction over the property.
In the event of an emergency affecting public health and safety, inspections
may be made without the issuance of a warrant.
A.Â
Prohibition of illegal discharges.
(1)Â
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 433-2, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's municipal separate storm sewer system (MS4) SPDES permit authorization.
(2)Â
Upon notification to a person that it is engaged in
activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that it no longer causes or
contributes to violations of the municipality's MS4 SPDES permit authorization.
B.Â
Prohibition exceptions. The commencement, conduct
or continuance of any illegal discharge to the storm drain system
is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge
prohibitions established by this article: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated and nonsediment-laden pumped groundwater, foundation
or footing drains (not including active groundwater dewatering systems),
crawl space pumps, air-conditioning condensation, springs, noncommercial
washing of vehicles, natural riparian habitat or wetland flows, swimming
pools (if dechlorinated - typically less than one PPM chlorine), fire-fighting
activities and any other water source not containing pollutants. Regardless
of exemption, best management practices should be implemented to reduce
impacts from the above activities.
(2)Â
Discharges specified in writing by the Village of
Fairport as being necessary to protect public health and safety.
(3)Â
Dye testing is an allowable discharge, but requires
a documented verbal notification to the Village of Fairport prior
to the time of the test.
(4)Â
The prohibition shall not apply to any nonstormwater
discharge permitted under SPDES permit, waiver or waste discharge
order issued to the discharger and administered under the authority
of 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 by the Village of Fairport.
C.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)Â
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)Â
A person is considered to be in violation of this
article if the person connects a pipe or line conveying sewage to
the municipal separate storm sewer system (MS4) or allows such a connection
to continue.
D.Â
Waste disposal prohibitions. No person shall throw,
deposit, leave, maintain, keep, or permit to be thrown, deposited,
left, or maintained, in or upon any public or private property, driveway,
parking area, street, alley, sidewalk, component of the storm drainage
system, or waters of the United States, any refuse, rubbish, yard/lawn
waste, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited in streets in proper waste receptacles for the purposes
of collection are exempted from this prohibition.
E.Â
Prohibition against failing private sewage disposal
systems. No person shall construct or maintain any cesspool, sewage
disposal system, pipe or drain so as to expose or discharge the sewage
contents or other deleterious liquids or matter therefrom to the atmosphere
or on the ground surface or into any storm sewer or drain or as to
endanger any watercourse or body of water unless a permit for such
discharge shall have been issued by the Monroe County Department of
Public Health or by the State Department of Health or the State Department
of Environmental Conservation, and such discharge shall be made in
accordance with the requirements thereof. Owners or operators of private
sewage disposal systems shall operate, maintain and inspect such systems
in accordance with the Monroe County Sewer Use Law.
F.Â
Prohibition of stormwater discharge to sanitary sewer.
Stormwater shall not be discharged into the sanitary sewer without
written permission to do so from the Village of Fairport.
A.Â
Suspension due to illicit discharges in emergency
situations. The Village of Fairport may, without prior notice, suspend
discharge access into the MS4 to a person when such a suspension is
necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
the health or welfare of persons, the storm drainage system, including
but not limited to pipes, manholes, outfall structures and storm laterals,
or the waters of the United States. If the violator fails to comply
with a suspension order, the Village of Fairport 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.
B.Â
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this article may
have his or her MS4 access suspended or terminated if such action
would abate or reduce an illicit discharge. The Village of Fairport
will notify a violator of the proposed suspension or termination of
its MS4 access. The violator may petition the Village Administrator
of the Village of Fairport, or his or her designee, to reconsider
the suspension or termination of MS4 access by requesting a hearing.
C.Â
It shall be unlawful for any person to reinstate MS4
access to premises suspended or terminated pursuant to this section
without the prior approval of the Village of Fairport.
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.
A.Â
Applicability. This section applies to all facilities
that the Village of Fairport must inspect to enforce any provision
of this article, or whenever the Village of Fairport has cause to
believe that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this article.
B.Â
Access to facilities.
(1)Â
The Village of Fairport shall be permitted to enter
and inspect, at any time, facilities subject to regulation under this
article as often as may be necessary to determine compliance with
this article. 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 of Fairport.
(2)Â
Facility operators shall allow the Village of Fairport
ready access to all parts of the premises for the purpose of inspection,
sampling and examination of the private storm drainage system. Persons
or facility operators must supply copies, if requested by the Village
of Fairport, of all records kept under the conditions of the SPDES
stormwater discharge permit. Persons or facility operators must also
identify the performance of any additional duties as defined by state
and federal law.
(3)Â
The Village of Fairport shall have the right to place
or position on any permitted facility such devices as are necessary
in the opinion of the Village of Fairport to conduct monitoring and/or
sampling of the facility's discharge to the storm sewer system.
(4)Â
The Village of Fairport 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 as necessary and recommended by the manufacturer
to ensure their accuracy.
(5)Â
Any temporary or permanent obstruction to the facility
which allows for unsafe access or difficulty in monitoring, inspecting
or sampling of the storm drainage system shall be promptly removed
by the discharger at the written or verbal request of the Village
of Fairport and shall not be replaced. All costs associated with clearing
such access restrictions shall be borne by the discharger in full.
(6)Â
Unreasonable delays, as determined by the Village
of Fairport, in allowing the Village of Fairport access to a facility,
which is permitted under the New York State Department of Environmental
Conservation SPDES Program, for the purposes of conducting any activity
authorized or required by the permit is considered a violation of
said program and of this article.
(7)Â
If the Village of Fairport has been refused access
to any part of the premises from which a discharge or conveyance to
the storm sewer system exists, and the Village of Fairport is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to further inspect and/or
sample the private stormwater system 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 of Fairport
may seek issuance of a search warrant from any court of competent
jurisdiction.
A.Â
Best management practices. The Village of Fairport
will adopt regulations identifying best management practices (BMPs)
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 a commercial
or industrial establishment shall provide, at his or her 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 structural and nonstructural BMPs. Further, any
person responsible for a property or premises which 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 municipal storm
drainage system. Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity shall be deemed compliance with the provisions
of this section. Appropriately designed structural/nonstructural BMPs
shall be included as part of a stormwater pollution prevention plan
(SWPPP) as necessary for compliance with requirements of the SPDES
permit.
B.Â
Private sewage disposal systems. Where individual sewage treatment systems are contributing to the Village of Fairport being subject to the special conditions as defined in § 433-2 of this article, the owner or operator of such individual sewage treatment system shall be required to maintain and operate the system as follows:
A.Â
No person shall alter a stormwater practice on private
or publicly owned land such that it alters the stormwater practice
from its intended use.
B.Â
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 in a manner which prevents
illicit discharges and keep's the watercourse free of trash, debris,
yard/lawn waste, 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.
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.
A.Â
Whenever the Village of Fairport finds that a person
has violated a prohibition or failed to meet a requirement of this
article, the Village of Fairport may order compliance by written notice
of violation to the responsible person. Such notice may require without
limitation:
(1)Â
The performance of monitoring, analyses and reporting.
(2)Â
The elimination of illicit connections or discharges.
(3)Â
That violating discharges, practices or operations
shall cease and desist.
(4)Â
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property.
(5)Â
Payment of a fine to cover administrative and remediation
costs.
(6)Â
The implementation of source control or treatment
BMPs.
B.Â
If abatement of a violation and/or restoration of
affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
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.
A.Â
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law and, upon conviction, shall be guilty of a violation and subject to a penalty as set forth in § 433-15 of this article.
B.Â
The Village of Fairport may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
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.[1]
[1]
Editor's Note: The fee schedule is on file in the office of
the Village Clerk.