A.
Prohibition of illegal discharges to MS4. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 165-43A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this Part 3, unless DEC or the municipality
has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources, landscape irrigation
or lawn watering, existing diverted stream flows, rising groundwater,
uncontaminated ground water 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.
(2)
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 Part 3.
(3)
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.
(4)
The prohibition of illegal discharges shall not apply
to any discharge permitted under an SPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the
authority of DEC, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the MS4.
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
Part 3 if the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
B.
Upon notification to a person that he or she 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 he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES permit
authorization.
Where the SMO has identified illicit discharges or activities contaminating stormwater, as defined in § 165-44, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A.
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 MS4 through the use of structural and nonstructural
BMPs.
B.
Any person responsible for a property or premises which is or may be the source of an illicit discharge or an activity contaminating stormwater, as defined in § 165-44, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C.
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
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 municipality prior to the allowing of
discharges to the MS4.
