[HISTORY: Adopted by the Board of Trustees of the Village of Kings
Point 3-3-2007 by L.L. No. 1-2007. Amendments
noted where applicable.]
The purpose of this chapter is to provide for the health, safety, and
general welfare of the residents of the Village through the regulation of
connections to MS4s and the regulation of nonstormwater discharges to MS4s
to the maximum extent practicable as required by federal and state law. This
chapter establishes methods for controlling the introduction of pollutants
into MS4s in order to comply with requirements of the DEC SPDES general permit
(GP-02-02) for MS4s. The objectives of this chapter are:
A.
To meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02, as amended and revised;
B.
To regulate the contribution of pollutants to MS4s, since
such systems are not designed to accept, process, or discharge nonstormwater
wastes;
C.
To prohibit unauthorized and illicit connections, activities,
and discharges to the Village's 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 MS4s.
Unless otherwise expressly stated, the following words shall, for the
purposes of this chapter, have the meanings herein indicated:
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention, 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, leaks, sludge, water disposal,
and drainage from raw materials' storage.
Best management practices.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as amended and revised.
Activities requiring authorization under a DEC SPDES permit for stormwater
discharges from construction activity, GP-02-01, as amended and revised, or
activities covered by erosion and sediment control or pollution prevention
plan laws, rules, or regulations of the Village. Such activities include construction
projects resulting in land disturbance equal to, or greater than, the area
stipulated in statutes or regulations of the state, county, or the Village,
whichever is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
The County of Nassau.
The State Department of Environmental Conservation.
A state-licensed professional engineer or registered architect.
Any material, including any substance or 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.
Any action or condition, active or passive, which results in nonstormwater
entering the Village's MS4 or into an MS4 that flows into the Village's
MS4.
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the Village's MS4 or into an MS4
that flows into the Village's MS4, including, but not limited to:
Any conveyances which allow any nonstormwater discharge, including,
but not limited to, treated or untreated sewage, process wastewater, and wash
water to enter the Village's MS4, 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;
Any drain or conveyance connected from a commercial or industrial land
use to the Village's MS4 which has not been documented in plans, maps,
or equivalent records and approved by the Village;
Any building's or other structure's floor drain or trench
drain; and
Any unauthorized connection as defined elsewhere in this chapter.
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the Village's MS4 or into an MS4 that flows into the Village's MS4, except as exempted in § 97-5B 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, 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 and revised.
A municipal separate storm sewer system.
A conveyance or system of conveyances and retention and infiltration
facilities, including, but not limited to, roads with drainage systems, curbs
and gutters on municipal streets, manholes, catch basins, ditches, man-made
channels, storm drains, stormwater basins, drainage reserve areas, drywells,
and all other components of a stormwater system, that is:
Any discharge to an MS4 that is not composed entirely of stormwater.
Any individual, association, organization, partnership, firm, corporation,
or other entity recognized by law.
Any of the following which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of the pertinent
standards promulgated by the federal government, the state, the Village, or
any other municipality or department thereof, having legal jurisdiction to
impose such standards: dredged spoil; filter backwash; solid waste; incinerator
residue; treated or untreated sewage, garbage, and sewage sludge; munitions;
chemical wastes; biological, radioactive, and hazardous materials; heat; wrecked
or discarded equipment; industrial, municipal, and agricultural waste; ballast
discharged into water; paints, varnishes, and solvents; oil and other automotive
fluids; hazardous and nonhazardous liquid and solid wastes; yard wastes, including
branches, grass clippings, and leaves; refuse, rubbish, garbage, litter, and
other discarded or abandoned objects and accumulations so that same may cause
or contribute to pollution; discharges of soaps, detergents, and floatables;
pesticides, herbicides, and fertilizers; sewage, fecal coliforms, and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building, structure, or site improvements; cement,
rock, gravel, sand, silt, mud, other soils; and all other noxious or offensive
matter of any kind.
Any lot, parcel of land, or portion of land whether improved or unimproved,
and all of the buildings and other structures thereon, including adjacent
sidewalks and parking strips.
State pollutant discharge elimination system.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 SPDES 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 municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in an MS4 SPDES permit that applies where the MS4 discharges to a DEC 303(d) listed water. Under this condition, the MS4's stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
The condition in an MS4 SPDES 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 MS4 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 an 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 municipality 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 municipality 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.
State of New York.
A permit issued by DEC that authorizes the discharge of pollutants
to waters of the state.
Rainwater, surface runoff, subsurface drainage, and snowmelt.
The Village Superintendent of Public Works or his/her authorized
deputies, agents, or representatives, or such other person or persons as may,
from time to time, be designated by the Mayor or the Board of Trustees to
perform the duties of the Superintendent pursuant to this chapter.
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial) are impaired
by pollutants, prepared periodically by DEC 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 allowed to be released into a water
body so as not to impair uses of the water, allocated among the sources of
that pollutant.
A permanent or temporary unapproved direct or indirect conveyance
to the Village's MS4. Any connection, pipe, hose, or other conveyance,
whether permanent or temporary, that is not documented on plans, maps, or
equivalent records signed by the Superintendent, or that is not approved by
a permit issued by the Superintendent, is considered unauthorized regardless
of whether the discharge is otherwise allowed by this chapter.
Not having any pollutants.
Water that is not stormwater, is contaminated with pollutants and
is, or will be, discarded.
This chapter shall apply to discharge connections to the Village's
MS4. This includes activities that result in discharge, seepage, or deposition
into the Village's MS4, and all water entering the Village's MS4
generated on any premises unless explicitly exempted by an authorized enforcement
agency and allowed by a discharge or connection permit or other document approved
by the Superintendent. This chapter shall also apply to discharges and connections
entering another MS4 that flows to the Village's MS4.
The Superintendent shall administer, implement, and enforce the provisions
of this chapter.
A.
B.
Exceptions:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless they are subsequently determined to be
substantial contributors of pollutants: waterline flushing, or flushing from
other potable water sources, uncontaminated landscape irrigation, lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater from foundation
or footing drains, uncontaminated crawl space or basement sump pump discharges,
air-conditioning condensate, uncontaminated 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. When deemed appropriate by the Superintendent, such exempt discharges
shall be made in accordance with a plan for reducing pollutants.
(2)
Discharges approved in writing by the Superintendent
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, rules, and regulations, and further provided that such discharges may
be permitted for a specified time period and under such conditions as the
Superintendent may deem appropriate to protect such life and property while
reasonably maintaining the purpose and intent of this chapter.
(3)
Dye testing in compliance with applicable state and local
laws, rules, and regulations is an allowable discharge, but requires a verbal
notification to the Superintendent prior to the time of the test.
(4)
Any discharge permitted under a 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,
rules, and regulations, and provided that written approval has been granted
for any discharge to the Village's MS4 by the Superintendent.
A.
Connections to the Village's MS4 without a permit
are prohibited.
(1)
The construction, use, maintenance, or continued existence
of an unauthorized connection to the Village's MS4 is prohibited.
(2)
The prohibitions in this section expressly include not
only future connections, but also, without limitation, connections made in
the past, regardless of whether the connection was permissible under law,
rule, regulation, or practice applicable or prevailing at the time of the
connection.
(3)
The connection of interior floor drains and trench drains
at the entrances to buildings or other structures is prohibited.
B.
No person shall or shall cause another to construct,
use, maintain, or continue to use or maintain an unauthorized connection to
the Village's MS4.
C.
No person shall permit, tolerate, or allow an unauthorized
connection from his/her premises to the Village's MS4.
No persons shall operate a failing individual sewage treatment system
in areas that flow to the Village'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.
Contamination of off-site groundwater.
F.
Structural failure of any components of the individual
sewage treatment system that could lead to any of the other failure conditions
as noted above in this section.
A.
Activities that are subject to the requirements of this
section are those types of activities that:
(1)
Cause or contribute to a violation of the Village's
MS4 SPDES permit.
(2)
Cause or contribute to the Village being subject to special
conditions.
(3)
Cause or contribute to the Village's MS4 receiving
pollutants.
(4)
Cause or contribute to the Village's MS4 receiving
discharges from an unauthorized connection.
B.
Such activities include failing individual sewage treatment systems as defined in § 97-7 of this chapter, improper management of pet waste, and any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
Upon notification to a person that he/she is engaged
in activities that cause or contribute to violations of the Village's
MS4 SPDES permit authorization, or cause or contribute to pollutants being
discharged into the Village's MS4, that person shall immediately take
all reasonable and necessary actions to correct such activities and thereafter
continue to use due diligence to correct such activities so that he/she no
longer causes or contributes to violations of the Village's MS4 SPDES
permit authorization or causes or contributes to pollutants to be discharged
or deposited into the Village's MS4.
A.
BMPs. Where the Superintendent has identified illicit
discharges or activities contaminating stormwater, the Superintendent may
require implementation of BMPs to control those illicit discharges and activities.
(1)
The owner, tenant, and operator of a commercial or industrial
establishment shall each be responsible, jointly and severally, for assuring
that provision is made for reasonable protection from the discharge, accidental
or otherwise, of pollutants or other prohibited materials or wastes into the
Village's MS4 through the use of structural and nonstructural BMPs.
(2)
The owner, tenant, and any other person responsible for
premises, which are or may be the source of an illicit discharge or an activity
contaminating stormwater, may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to reduce or eliminate
the source of pollutants to the Village's MS4 in the most practicable
and expeditious manner under the circumstances.
(3)
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 in compliance with the
provisions of this section.
B.
Individual sewage treatment systems. Where individual
sewage treatment systems are contributing to the Village's MS4 being
subject to special conditions, the owner, tenant, and operator of the premises
upon which such individual sewage treatment system is located or which are
otherwise being serviced by such individual sewage treatment systems, 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.
(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)
Individual sewage treatment systems shall be repaired
or replaced in accordance with 10 NYCRR Appendix 75A or, if applicable, the
Nassau County Department of Health's Manual of On-Site Sewage Disposal,
as amended and revised, to the maximum extent practicable.
(b)
A design professional 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 Village at the completion of construction
of the repair or replacement system.
A.
Suspension due to imminent and substantial danger. The
Superintendent may, without prior notice, suspend a person's access to
the Village's MS4 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, safety, or welfare of persons, to
property, or to the Village's MS4. The Superintendent 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 Superintendent may take such steps as he/she
deems necessary, in his/her sole discretion, to prevent or minimize damage
to the environment, persons, property, or the Village's MS4.
B.
Suspension due to the detection of illicit discharge
or unauthorized connection. Any person discharging to the Village's MS4
in violation of this chapter may have its access to the Village's MS4
terminated if such termination would abate or reduce an illicit discharge,
or result in the remedy of an unauthorized connection. The Superintendent
shall notify a violator in writing of the proposed termination of its access
to the Village's MS4 and the reasons therefor. The violator may petition
the Superintendent for a reconsideration and hearing. Access may be granted
by the Superintendent if he/she finds that the illicit discharge has ceased
and the discharger has taken steps to prevent its recurrence, or that the
discharger has obtained proper permission for the connection. Access may be
denied if the Superintendent determines in writing that the illicit discharge
has not ceased, or is likely to recur, or the unauthorized connection has
not been remedied. A person commits an additional offense if the person reconnects
access to the Village's MS4 after such connection had been terminated
pursuant to this section, if such reconnection is without the prior approval
of the Superintendent.
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 Superintendent
prior to the allowing of discharges to the Village's MS4.
A.
General. Any connection to the Village's MS4 requires
a permit issued by the Superintendent. Applications for permits shall be made
on forms provided by the Superintendent. Permit applications shall be supplemented
by any plans, specifications, analyses, calculations, or other information
considered pertinent by the Superintendent. The Village considers connection
to the Village's MS4 as a last resort to solve flooding problems. Before
approving a connection, the Village may require that applicants use on-site
BMPs to handle stormwater and other authorized nonstormwater discharges to
the maximum extent practicable. The Superintendent may assess the adequacy
of the applicant's on-site stormwater disposal BMPs and require additional
practices if he/she deems it advisable.
B.
Permit types.
(1)
General permit. An authorization for a connection permit and the discharge of stormwater, or authorized nonstormwater, pursuant to § 97-5B(1) of this chapter, from properties occupied by private dwellings.
(2)
Connection permit. An authorization for a connection and a discharge, pursuant to § 97-5B(4) of this chapter. A connection permit may be subject to special terms and conditions by the Superintendent. The permit will expire on or before the expiration of the DEC SPDES permit, waiver, or order, or upon a change of ownership or use of the premises.
D.
Inspection. All connections to the Village's MS4
shall be subject to the approval and inspection by the Superintendent. The
applicant must notify the Superintendent at least 48 hours prior to commencing
work and at least 48 hours prior to final restoration.
E.
Indemnification.
(1)
To the fullest extent permitted by law, the owner and
the applicant, if different from the owner, shall, jointly and severally,
indemnify and hold harmless the Village, the Mayor, the Board of Trustees
and all of the Village's other elected and appointed officials, employees,
agents, representatives, and volunteers (collectively, the "indemnitees")
from and against all claims, damages, losses, costs, and expenses, including,
but not limited to, attorneys' and expert witnesses' fees, arising out of
or resulting from its installation and connection to the Village's MS4. Such
obligation shall not be construed to negate, abridge, or to otherwise reduce
any other right or obligation of indemnity which would otherwise exist to
an indemnitee.
(2)
Nothing in this section shall be deemed to provide indemnification
which is otherwise prohibited by Article 5 of the General Obligations Law.
(3)
In any and all claims against the indemnitees by any
employee of the owner or the applicant, if different from the owner, anyone
directly or indirectly employed by them, or anyone for whose acts they may
be liable, the indemnification obligation pursuant to this section shall not
be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for the owner or the applicant, if
different from the owner, under any workers' compensation acts, disability
acts, or other employee benefit acts.
F.
Acknowledgement. The owner and the applicant, if different
from the owner, in making their application, acknowledge that the Village
makes no guarantee that the Village's MS4 will not become surcharged
or otherwise overburdened and that water from the Village's MS4 will
not backup through the connection onto the owner's premises. By making
a connection, the owner and the applicant, if different from the owner, assume
all of the risk and liability to their premises that may arise from their
connection to the Village's MS4.
G.
Permit transfers. General permits may be transferred
with the sale of residential premises, provided the use does not change. The
new owner of the premises shall comply with the terms and conditions of the
transferred permit. Special permits are not transferable without the approval
of the Superintendent.
H.
Work within Village roads. Any connection made within
or involving work within a Village road must also comply with and be subject
to any and all applicable laws, rules, and regulations pertaining to permits
for work on and within Village roads. A permit under this chapter shall not
relieve the applicant from the obligation to obtain all necessary permits
under the foregoing laws, rules, and regulations.
I.
Other permits required. A connection permit issued pursuant
to this chapter does not relieve the applicant from obtaining any and all
other applicable permits and permissions, nor from compliance with all other
applicable laws, rules, and regulations.
J.
Permit rules and regulations. The Superintendent may
promulgate rules and regulations for the permitting process set forth within
and subject to the constraints of this chapter.
A.
Applicability. This section applies to all facilities
that the Superintendent is required or authorized to inspect in order to enforce
the provisions of this chapter, and whenever the Superintendent has reason
to believe that there may exist a condition that constitutes a violation of
this chapter.
B.
Access to facilities.
(1)
The Superintendent shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may be reasonable
or necessary to determine compliance with this chapter. If a discharger has
security measures in force that require proper identification and clearance
before entry into its premises, the discharger shall make the necessary arrangements
to allow access to the Superintendent.
(2)
Facility operators shall allow the Superintendent ready
access to all parts of their premises for the purposes of inspection, sampling,
examination, and copying of records as may be required to implement this chapter.
(3)
The Village shall have the right to set up on any facility
subject to this chapter such devices as are necessary, in the discretion of
the Superintendent, to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Superintendent 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.
(5)
Unreasonable delays in allowing the Village access to
a facility subject to this chapter are a violation of this chapter. A person
who is the operator of a facility subject to this chapter commits an offense
if the person denies the Superintendent reasonable access to the facility
for the purpose of conducting any activity authorized or required by this
chapter.
(6)
If the Superintendent 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 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 Superintendent may seek
issuance of a search warrant from the Village Court or any other court of
competent jurisdiction.
A.
Illegal discharges. 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 other pollutants discharging into the Village's
MS4, said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release.
B.
Release of hazardous materials. 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, and,
immediately thereafter, the Superintendent, the Village Police Department,
and the Village Clerk.
C.
Release of nonhazardous materials. In the event of a
release of nonhazardous materials, said person shall notify the Superintendent
in person, by telephone or by 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 Superintendent within three business days of the
in-person or by-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. When the Superintendent finds that
a person has violated a prohibition or failed to meet a requirement of this
chapter or of a permit issued pursuant to this chapter, he/she may order compliance
by written notice of violation to the responsible person. Such notice shall
be sent by certified mail return receipt requested and by first class mail
to the last known owner of the premises, based upon the Village's latest
assessment records and, in the event that there is a permittee different from
such owner, to the permittee in the same manner, and shall be posted upon
the premises. Such notice may require, without limitation, any or all of the
actions listed below, and/or such other action as the Superintendent, in his/her
own discretion, may deem appropriate:
(1)
That a proper permit be obtained;
(2)
The elimination of illicit or unauthorized connections
or discharges;
(3)
That violating discharges, practices, operations, activities,
or connections shall cease and desist;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected premises;
(5)
The performance of monitoring, analyses, and reporting;
(6)
Payment of a fine and/or restitution for the damages
that have occurred as a result of the violation or failure; and
(7)
The implementation of source control or treatment BMPs.
B.
Abatement and restoration. If abatement of a violation
and/or restoration of affected premises are 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 may be performed by the
Village and the expense thereof shall be charged to the violator and, if unpaid
within 30 days, become a lien upon the violating premises and collected in
the same manner as Village real property taxes.
C.
Penalties. In addition to or as an alternative to any
penalty provided herein or otherwise by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine of not
more than $2,000 or imprisonment for a period not to exceed 15 days, 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
of not more than $5,000, or imprisonment for a period not to exceed 15 days,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of 5 years, punishable by a fine of not more
than $10,000, or imprisonment for a period not to exceed 15 days, or both.
Each week's continued violation shall constitute a separate additional
violation.
Any person receiving a notice of violation may appeal within 10 calendar
days of its issuance. The Superintendent shall hear the appeal within 30 days
after the filing of the appeal, and within five days of making his/her decision,
issue a decision by certified mail to the discharger. The Superintendent may
conduct the hearing and take evidence or may designate another officer or
employee of the Village to do so.
A.
If a 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 business days of the decision of the Superintendent, or in the
event that access is permitted to the Superintendent pursuant to the provisions
of this chapter, then the Superintendent shall request the owner's permission
to take any and all measures reasonably necessary to abate the violation and/or
restore the premises.
B.
If refused access to the premises, the Superintendent
may seek a warrant in the Village Court or another court of competent jurisdiction
to be authorized to enter upon the premises to determine whether a violation
is occurring or is reasonably likely to occur if immediate action is not taken.
Upon determination that a violation has occurred or is reasonably likely to
occur if immediate action is not taken, the Village may seek a court order
permitting the Village to take any and all measures reasonably necessary to
abate the violation and/or to prevent the violation from occurring and/or
to restore the premises. The cost of implementing and maintaining such measures
shall be the sole responsibility of the discharger. In any such action, the
Village shall be entitled to its legal costs and expenses, including the fees
of attorneys and witnesses, as may be awarded by the Court.
A.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter.
B.
Any condition caused or permitted to exist in violation
of any of the requirements of this chapter is a threat to the public health,
safety, and welfare, and is declared and deemed a public nuisance.
C.
If a person has violated or continues to violate the
provisions of this chapter, the Village may petition for a temporary restraining
order, preliminary injunction, and/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. The cost
of implementing and maintaining such measures shall be the sole responsibility
of the discharger. In any such action, the Village shall be entitled to its
legal costs and expenses, including the fees of attorneys and witnesses, as
may be awarded by the Court.
A.
Where a person has violated a provision of this chapter,
he/she may be eligible for alternative remedies in lieu of a fine, upon recommendation
of the prosecuting attorney for the Village and with the concurrence of the
Superintendent, where:
B.
Alternative remedies may consist of one or more of the
following:
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 Superintendent and of the Village to seek cumulative
remedies.
