[HISTORY: Adopted by the Town Board of the Town of Ontario 10-22-2007
by L.L. No. 3-2007. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Town through the regulation of nonstormwater
discharges to the municipal separate storm 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 municipal
separate storm sewer system in order to comply with requirements of the SPDES
General Permit for Municipal Separate Storm Sewer Systems. The objectives
of this chapter are:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit 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 to only a portion of this chapter, the following
terms will have meanings set forth below:
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 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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed architect.
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 drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
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 the drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency; or
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 118-5A(2) of this chapter.
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 groundwaters of the State of New
York, except where a permit for such a facility is required under the applicable
provisions of Article 17 of the Environmental Conservation Law.
Activities requiring the SPDES Permit for Discharges From Industrial
Activities Except Construction, GP-98-03, as amended or revised.
Municipal separate storm 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):
Any discharge to the MS4 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.
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.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards: the condition that
applies if the Town is 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 Town 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 Town'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.
Total maximum daily load (TMDL) strategy: the condition in the Town's
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 MS4
discharges. If the discharge from the MS4 did not meet the TMDL stormwater
allocations prior to September 10, 2003, the Town 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 Town's MS4 permit that applies if a TMDL is
approved in the future by EPA for any water body or watershed into which an
MS4 discharges: Under this condition, the Town 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 Town 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 the Department that authorizes the discharge of
pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the Town Engineer or other public official designated
by, and serving at the pleasure of, the Town Board to enforce this chapter.
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. 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.
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 Town of Ontario.
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/or undeveloped lands.
The Stormwater Management Officer (SMO) 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.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into
the MS4 any materials other than stormwater, except as provided in § 116-5A(2)
of this chapter. The commencement, conduct or continuance of any discharge
to the MS4 not authorized or exempted by this chapter is prohibited.
(2)
The following discharges are exempt from discharge prohibitions
established by this chapter:
(a)
Water line 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 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 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)
A 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
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)
A person is considered to be in violation of this chapter
if the person connects a line conveying sewage to the Town's MS4 or allows
such a connection to continue.
No persons 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 or 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
referred to in this section.
F.
Contamination of off-site groundwater.
B.
Such activities include a failing Individual sewage treatment
system, improper management of pet waste or any other activity that causes
or contributes to violations of the Town's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities contaminating stormwater, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES permit authorization or the special conditions as defined in § 118-2 of this chapter.
B.
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through the
use of structural and nonstructural BMPs.
C.
Any person responsible for a property or premises, which
is, or may be, the source of an illicit discharge or an activity contaminating
stormwater may be required to implement, at such person's expense, additional
structural and nonstructural BMPs to reduce or eliminate the source of pollution
to the MS4.
D.
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 section.
E.
Where an individual sewage treatment systems is contributing to the Town being subject to the special conditions, as defined in § 118-2 of this chapter, the owner or operator of such individual sewage treatment system shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee.
(b)
Avoid the use of septic tank additives.
(c)
Avoid the disposal of excessive quantities of detergents,
kitchen wastes, laundry wastes, and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR, Appendix 75-A, to the maximum
extent practicable.
(b)
A design professional licensed to practice in New York
State shall prepare design plans for any type of absorption field that involves:
(c)
A written certificate of compliance shall be submitted
by the design professional to the SMO at the completion of construction of
the repair or replacement system.
A.
Any person discharging to the Town MS4 in violation of
this chapter may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. Prior to access termination, the SMO
shall notify the violator, in writing, of the proposed termination of its
MS4 access and the reasons for such termination. A person commits an offense
if the person reinstates MS4 access to premises terminated pursuant to this
section without the prior approval of the SMO.
B.
The SMO may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual or
threatened discharge which presents or may present imminent and substantial
danger to the environment, to the health or welfare of persons, or to the
MS4. The SMO shall notify the person of such suspension within a reasonable
time thereafter in writing of the reasons for the suspension. If the violator
fails to comply with a suspension order issued in an emergency, the SMO may
take such steps as deemed necessary to prevent or minimize damage to the MS4
or to minimize danger to persons.
Any person subject to an industrial or construction activity SPDES stormwater
discharge permit shall comply with all provisions of that permit. Proof of
compliance with that permit may be required in a form acceptable to the SMO
prior to the allowing of discharges to the MS4.
A.
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary to determine
compliance with this chapter. 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 the
SMO.
B.
Facility operators shall allow the SMO ready access to
all parts of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this chapter.
C.
The SMO shall have the right to set up on any facility
subject to this chapter such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
D.
The SMO has the right to require the facilities subject
to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter. 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 to ensure their
accuracy.
E.
A person who is the operator of a facility subject to
this chapter shall not unreasonably delay or deny reasonable access to the
facility by the SMO for the purpose of conducting any activity authorized
or required by this chapter.
F.
If the SMO has been refused access to any part of the
premises from which stormwater is discharged, and the SMO is able to demonstrate
probable cause to believe that there may be a violation of this chapter, or
that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this chapter or any
order issued hereunder, then the SMO may seek issuance of a search warrant
from any court of competent jurisdiction.
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, such 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, such person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of
a release of nonhazardous materials, such person shall notify the SMO 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 SMO 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.
A.
Notice of violation.
(1)
When the SMO finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the SMO may order compliance
by written notice of violation to the responsible person. Such notice may
require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall
cease and desist;
(c)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and reporting;
and
(e)
The implementation of source control or treatment BMPs.
(2)
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. Such 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 of that work shall be charged to the violator.
B.
In addition to or as an alternative to any penalty provided in this § 118-13 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 six months, 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 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 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, 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.
C.
The SMO may issue appearance tickets for violations of
this chapter.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, the SMO shall request the owner's
permission or seek a warrant from a court of competent jurisdiction for access
to the subject private property to take any and all measures reasonably necessary
to abate the violation and/or restore the property. The costs of implementing
and maintaining such measures shall be recoverable, upon appropriate proceedings,
from the violator.
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 Board may
authorize an action for injunctive relief in State Supreme Court restraining
the person from activities which would create further violations or compelling
the person to perform abatement or remediation of the violation.
A.
Where a person has violated a provision of this chapter,
the SMO may, in his or her discretion, find the violator eligible for alternative
remedies, in lieu of enforcement proceedings provided for in this chapter,
where:
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 public 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.
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.