[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 12-18-2007 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 Village
of Manlius (Village) through the regulation of nonstormwater discharges
to the storm drainage system 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 (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process and the State Pollutant Discharge Elimination System (SPDES).
The objectives of this chapter are:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from the MS4, issued by the NYS Department
of Environmental Conservation (the "Department").
B.
To regulate the contribution of pollutants to the
MS4 by discharges of pollutants that the system is not designed to
accept or process; or discharge nonstormwater wastes, by any user.
C.
To prohibit illicit connections and discharges to
the MS4.
D.
To establish legal authority to carry out required
inspection, surveillance and monitoring procedures necessary to ensure
compliance with this chapter.
E.
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
wastes, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous wastes, sediment and other pollutants into
the MS4.
For the purposes of this chapter, the following
shall mean:
The Code Services Administrator, the Superintendent of the
Department of Public Works, and other employees or designees of the
Mayor of the Village of Manlius (Mayor).
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. § 621
et seq.), and any subsequent amendments thereto.
The person or persons designated by the Village to provide
Zoning Code administration, enforcement and related services.
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity issued by the
Department, as amended or revised. These activities include construction
projects resulting in land disturbance of one or more acres or cumulatively
resulting in one acre or more. Such activities include but are not
limited to clearing and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
A 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 direct or indirect nonstormwater discharge to the MS4, except as exempted in § 62-5 of this chapter.
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 sewage, process wastewater, and wash water, to enter the
storm drain system and any connections to the MS4 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 MS4 which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
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 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.
Activities subject to the SPDES permit for the Discharges
from Industrial Activities Except Construction, GP-98-03, as amended
or revised.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Village and designed or used for collecting or conveying stormwater,
and not used for collecting or conveying sewage.
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.
Anything which causes or contributes to pollution, including
but not limited to dredged spoil; filter backwash; solid waste; incinerator
residue; treated or untreated sewage, garbage, sewage sludge; munitions;
chemical wastes; biological materials; radioactive materials; paints,
varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, 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; discarded equipment or objects, 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.
Conditions which meet any of the following requirements:
Discharge compliance with water quality standards.
The condition that applies where a municipality has been 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 any 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.
303(d) listed waters. The condition in the Village's
MS4 permit that applies where the MS4 discharges into a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase in the listed pollutant of concern to the 303(d)
listed water(s).
Total maximum daily load (TMDL) strategy. The
condition in the Village'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.
The condition in the Village's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which an MS4 discharges. Under this condition,
the Village 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 Village must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern in the
TDML is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, including rainwater,
surface runoff, snowmelt and drainage.
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.
A list of all surface waters in the state for which beneficial
uses of 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.
The maximum amount of 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Code Services Administrator shall administer,
implement, and enforce the provisions of this chapter. Any powers
granted or duties imposed upon the Code Services Administrator may
be delegated in writing by the Mayor to persons or entities acting
in the beneficial interest of or in the employ of the Village.
A.
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the MS4 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. 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 chapter, unless the Department has
determined them to be substantial contributors of pollutants: waterline
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), firefighting
activities, and any other water source not containing pollutants.
(2)
Discharges specified in writing by the Code Services
Administrator as being necessary to protect public health and safety,
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 Code Services Administrator 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 regulations
is an allowable discharge, provided verbal notification is given to
the Village's Department of Public Works Superintendent prior to such
testing.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under a 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, 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
chapter if the person connects a line conveying sewage to the MS4,
or allows such a connection to continue.
No persons shall operate a failing individual
sewage treatment system in areas tributary 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.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
B.
Such activities include individual sewage treatment systems as defined in § 62-6 of this chapter, improper management of pet wastes or any activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Village's
MS4 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 Village's MS4 SPDES permit authorization.
A.
Best management practices. Where the Code Services Administrator has identified illicit discharges as defined herein or activities contaminating stormwater as defined in § 62-7, the Code Services Administrator may require the implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
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.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined herein, or an activity contaminating stormwater as defined in § 62-7, 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.
(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 compliance
with the provisions of this section.
B.
Individual sewage treatment systems;- response to
special conditions requiring no increase of pollutants or requiring
a reduction of pollutants. Where individual sewage treatment systems
are contributing to the Village's being subject to the special conditions
as defined herein, the owner or operator of 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;
and
(d)
Avoid the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(2)
(3)
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 illicit discharges in emergency
situations. The Code Services Administrator 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 state waters. If the violator
fails to comply with a suspension order issued in an emergency, the
Code Services Administrator may take such steps as deemed necessary
to prevent or minimize damage to the MS4, or to minimize danger to
persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this chapter may
have his or her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Code Services Administrator will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the Code Services Administrator for a reconsideration
and hearing.
C.
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 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 Code Services Administrator prior to the
allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the Code Services Administrator must inspect to enforce any provision
of this chapter, or whenever the Code Services Administrator has cause
to believe there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this chapter.
B.
Access to facilities.
(1)
The Code Services Administrator, and/or the Village's
other authorized enforcement agents, shall be permitted to enter and
inspect facilities subject to regulation under this chapter as often
as may be necessary to determine compliance. 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 Code Services Administrator.
(2)
Facility operators shall allow the Code Services Administrator
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 a SPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The Code Services Administrator shall have the right
to set up on any permitted facility such devices as are necessary,
in the opinion of the Code Services Administrator, to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The Code Services Administrator has the right to require
the discharger 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)
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 Code Services Administrator and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Code Services
Administrator access to a permitted facility is a violation of a stormwater
discharge permit and of this chapter. A person who is the operator
of a facility with a SPDES 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 chapter.
(7)
If the Code Services Administrator 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, 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.
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.
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 MS4, or state waters, 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 Code Services Administrator 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 as required by the state
record retention schedule.
A.
Notice of violation. Whenever the Code Services Administrator
finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, 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 fine 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 a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
In the event the alleged violator fails to take
the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within 10 days, or
such greater period as the Code Services Administrator shall deem
appropriate, the Code Services Administrator may impose a penalty
not to exceed $350 per violation for each day the violation remains
unremediated after receipt of the notice of violation.
Any person receiving a notice of violation may
appeal the determination of the Code Services Administrator. The notice
of appeal must be received by the Village Clerk within five days from
the date of the notice of violation. Hearing on the appeal before
the Village Board shall take place within 30 days from the date of
receipt of the notice of appeal. The decision of the Village Board
shall 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 10 days of the decision of the Village
Board upholding the decision of the Code Services Administrator, then
representatives of the Code Services Administrator shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
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
protest objecting to the amount of the assessment within five days.
If the amount due is not paid within a timely manner as determined
by the decision of the Village Attorney 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.
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 Code Services Administrator 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.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this chapter, the Code Services Administrator,
upon recommendation of the Village Attorney, may impose upon the violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc. This would
be available where the violation was unintentional, the violator has
no previous violations of this chapter, environmental damage was minimal,
the violator acted quickly to remedy the violation and the violator
cooperated in the investigation and resolution.
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 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.
Any person that has violated or continues to
violate this chapter shall be liable to criminal prosecution to the
fullest extent of the law, and shall be subject to a criminal penalty
of $350 per violation per day and/or imprisonment for a period of
time not to exceed 60 days. The Code Services Administrator may recover
all attorneys' fees, court costs and other expenses associated with
enforcement of this chapter, including sampling and monitoring expenses.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or other law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
The Village has the right to require any developer,
home owner, business owner, property owner or responsible party ("property
owner") to post a bond, letter of credit or cash in an amount to be
determined by the Code Services Administrator and the Village Engineer
to be held in escrow in the event that the Village has to undertake
remediation work for any illicit/illegal discharge by said property
owner or pay the cost of fines assessed to the Village for any illicit/illegal
discharges by said property owner.