[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 118.
Excavations and topsoil removal — See Ch. 121.
Flood damage prevention — See Ch. 130.
Garbage, rubbish and refuse — See Ch. 135.
Stormwater management — See Ch. 217.
Subdivision of land — See Ch. 219.
Wetlands and watercourses — See Ch. 245.
Zoning — See Ch. 250.
[1]
Editor's Note: The title of this chapter, which was formerly
Storm Sewers, was amended 2-13-2018 by L.L. No. 3-2018.
[Adopted 10-30-2007 by L.L. No. 15-2007]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Village
of Rye Brook through the regulation of nonstormwater discharges to
the storm drainage system to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The
objectives of this chapter are:
A.
To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user.
B.
To prohibit illicit connections and discharges to
the municipal separate storm sewer system.
C.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following
terms shall have the meanings indicated below:
The Building Department and the Superintendent of Public
Works/Village Engineer or his or her designee.
[Amended 10-27-2020 by L.L. No. 9-2020]
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 NPDES construction permits, land disturbance
of one acre or more, or other activities including but not limited
to clearing and grubbing, grading, excavating, and demolition.
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 § 216-7 of this article.
Either 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 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
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
authorized enforcement agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
A permit issued by the Environmental Protection Agency (EPA)
[or by a state under authority delegated pursuant to 33 USC § 1342(b)]
that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group,
or general area-wide basis.
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, ordinances, 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.
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, reservoirs, and other drainage structures.
Any surface flow, runoff, and 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 or business 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands within the Village of Rye Brook unless explicitly exempted by
an authorized enforcement agency.
[Amended 10-27-2020 by L.L. No. 9-2020]
The Building Department shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the authorized enforcement agency may be delegated
in writing by the Superintendent of Public Works/Village Engineer
of the authorized enforcement agency to persons or entities acting
in the beneficial interest of or in the employ of the agency.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article 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.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, or unauthorized discharge
of pollutants.
A.
Illegal discharges prohibited.
(1)
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.
(2)
The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described
as follows:
(a)
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 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.
(b)
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
(c)
Dye testing is an allowable discharge, but requires
a verbal notification to the authorized enforcement agency prior to
the time of the test.
(d)
The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the Environmental Protection Agency [or by a state under authority
delegated pursuant to 33 USC § 1342(b)], 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.
B.
Illicit connections prohibited.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system 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
article if the person connects a line conveying sewage to the MS4,
or allows such a connection to continue.
A.
Suspension due to illicit discharges in emergency
situations. The Superintendent of Public Works/Village Engineer 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, or to the health or welfare of persons, or to the MS4
or waters of the United States. If the violator fails to comply with
a suspension order issued in an emergency, the authorized enforcement
agency 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.
[Amended 10-27-2020 by L.L. No. 9-2020]
B.
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 terminated if such termination would abate
or reduce an illicit discharge. The authorized enforcement agency
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the authorized enforcement agency for a
reconsideration and hearing. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section,
without the prior approval of the authorized enforcement agency.
Any person subject to an industrial or construction
activity NPDES 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 authorized enforcement agency prior to
the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B.
Access to facilities.
(1)
The authorized enforcement agency shall be permitted
to enter and inspect 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 authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement
agency ready access to all parts of the premises for the purposes
of inspection, sampling, examination and copying of records that must
be kept under the conditions of an NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and
federal law.
(3)
The authorized enforcement agency shall have the right
to set up on any permitted facility such devices as are necessary
in the opinion of the authorized enforcement agency to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The authorized enforcement agency 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 to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the authorized enforcement agency and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the authorized enforcement
agency access to a permitted facility is a violation of a stormwater
discharge permit and of this article. A person who is the operator
of a facility with an NPDES permit to discharge stormwater associated
with industrial activity commits an offense if the person denies the
authorized enforcement agency reasonable access to the permitted facility
for the purpose of conducting any activity authorized or required
by this article.
(7)
If the authorized enforcement agency has been refused
access to any part of the premises from which stormwater is discharged,
and he/she is able to demonstrate probable cause to believe that there
may be a violation of this article, 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 article or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
Each person owning property shall be required
to follow any best management practices identified by the Village
or any other involved regulatory agency 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
these 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 separate storm sewer
system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
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 free of trash, debris,
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.
[Amended 10-27-2020 by L.L. No. 9-2020]
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
stormwater, the storm drain system, or water of the United States,
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 authorized enforcement agency 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 Superintendent of Public Works/Village Engineer within three
business days of the 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 by the authorized enforcement
agency for at least three years.
A.
Notice of violation. Whenever the authorized enforcement
agency finds that a person has violated a prohibition or failed to
meet a requirement of this article, the authorized enforcement agency
may order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations
shall cease and desist;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
Payment of a fee to cover administrative and remediation
costs; and
(6)
The implementation of source control or treatment
BMPs.
B.
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 the Village and the expense thereof shall be charged to the violator.
C.
Cost of abatement of the violation. Upon the failure
of the owner to pay the costs, the Superintendent of Public Works/Village
Engineer shall certify the costs to the Assessor of the Village, and
thereupon such costs shall become and be a lien upon the land involved
and shall be added to and become a part of the taxes next to be assessed
and levied upon such land and shall bear interest at the same rate
as, and be collected and enforced in the same manner as, taxes.
[Amended 10-27-2020 by L.L. No. 9-2020]
D.
Injunctive relief. 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 authorized enforcement agency
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.
E.
Violations deemed a public nuisance. In addition to
the enforcement processes and penalties provided herein, 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.
F.
Criminal prosecution.
(1)
Any person who has violated or continues to violate
this article shall be liable to criminal prosecution to the fullest
extent of the law, and shall be subject to a criminal penalty of $250
per violation per day and/or imprisonment for a period of time not
to exceed 15 days.
(2)
The authorized enforcement agency may recover all
attorneys’ fees court costs and other expenses associated with
enforcement of this article, including sampling and monitoring expenses.
G.
Remedies not exclusive. 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.
[Adopted 2-13-2018 by L.L. No. 3-2018]
A.
No person shall discharge or cause to be discharged any nonsanitary
substance, including but not limited to, stormwater, surface water,
groundwater roof runoff, subsurface drainage, cooling water, air-conditioning
and refrigerating wastewaters or unpolluted industrial process water
or other similar discharge or entry into the sanitary sewer system.
Any existing connection or discharge resulting in a nonsanitary discharge
to the sanitary sewer system shall be terminated.
B.
Prior to any final decision from the Building Department on any plumbing
permit or building permit application for a one- or two-family residential
dwelling unit, the property owner shall submit a sworn affidavit to
the Building Department stating that to the best of the property owner's
knowledge, after the property owner's inspection of its property,
there are no roof drains, sump pumps or other prohibited stormwater
or groundwater connections or sources of inflow or infiltration on
the subject property. This section shall not apply to applications
for a building permit for work that is not being performed to the
dwelling unit.
C.
Prior to the issuance of the certificate of occupancy, the Superintendent
of Public Works/Village Engineer or Building Inspector shall be permitted
to enter and inspect the premises and all structures to determine
compliance with this section. If an applicant has security measures
in force which require proper identification and clearance before
entry into its premises, the applicant shall make the necessary arrangements
to allow access to the Superintendent of Public Works/Village Engineer,
Building Inspector or authorized designee. It shall be a violation
of this chapter to refuse to grant the Superintendent of Public Works/Village
Engineer, Building Inspector or authorized designee access to the
premises. No certificate of occupancy shall be issued until such inspection
has occurred.
[Amended 10-27-2020 by L.L. No. 9-2020]
D.
Except as provided in Subsection F below, any illegal connection or discharge into the sanitary sewer system shall be remedied by the property owner and reinspected by the Superintendent of Public Works/Village Engineer or Building Inspector within 30 days of the issuance of any inspection report which states that the structures or property contains an illegal connection or discharge into the sanitary sewer system. Any remedial work must be performed by a licensed plumber pursuant to a permit issued by the Village. A certificate of occupancy shall not be issued until any illegal connection or discharge has been remedied to the satisfaction of the Superintendent of Public Works/Village Engineer or Building Inspector.
[Amended 10-27-2020 by L.L. No. 9-2020]
E.
Any building permit application for construction of a new house or teardown (as defined in § 250-2) shall require relining of any existing sewer lateral or replacement of the existing sewer lateral with a new sewer lateral to its connection with the sewer main.
F.
It shall be a violation of this chapter for any person to reconnect
roof drains. sump pumps or any other source of prohibited stormwater
and/or groundwater discharges to the sanitary sewer system and/or
to construct or alter a lateral or other sewer line in such manner
as to cause infiltration or inflow to the sanitary sewer system.
