[HISTORY: Adopted by the Town Board of the Town of Salina 5-29-2007
by L.L. No. 13-2007. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Town of Salina 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 municipal separate storm sewer system (MS4),
issued by 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
municipal separate storm sewer system.
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 Director of Planning and Development; the Highway Superintendent,
and designated employees or designees of the Department of Planning and Development
and/or the Highway Department.
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity 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 storm drain system, except as exempted in § 132-5 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 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 MS4 system 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 an 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 Town of Salina, designed
or used for collecting or conveying stormwater and not used for collecting
or conveying sewage.
Any discharge to the MS4 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, 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, heat, wrecked or 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 municipality'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 municipality's
MS4 permit where a TMDL, including requirements for control of stormwater
discharges, has been approved by the EPA for a water body or watershed into
which the MS4 discharges.
The condition in the municipality'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 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 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. Section 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 storm drain system
generated on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Department of Planning and Development shall administer, implement,
and enforce the provisions of this chapter. Any powers granted or duties imposed
upon the Department of Planning and Development may be delegated in writing
by the Director of the Department of Planning and Development.
A.
Prohibition of illegal discharges. No person shall discharge
or cause to be discharged into the MS4 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. The commencement, conduct or continuance of any illegal
discharge to the storm drain system 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: water line flushing or other potable
water sources; landscape irrigation or lawn watering; diverted stream flows;
rising ground water; ground water infiltration to storm drains; uncontaminated
pumped ground water; 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.
(2)
Discharges specified in writing by the Director of Planning
and Development 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 Director of Planning and Development 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 but requires a verbal notification to the Highway
Superintendent prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under an SPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the Department,
provided that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to the MS4
system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 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 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 municipality'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 § 132-6 of this chapter, improper management of pet wastes or any activity that causes or contributes to violations of the municipality'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 municipality'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 municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the Director of Planning and Development has identified illicit discharges as defined herein or activities contaminating stormwater as defined in § 132-7, the Director 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 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 § 132-7, 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 municipality'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 municipality at the completion of construction
of the repair or replacement system.
A.
Suspension due to illicit discharges in emergency situations.
The Department of Planning and Development may, without prior notice, suspend
MS4 discharge access to a person when such suspension is necessary to stop
an actual or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the health or welfare of persons,
or to the MS4 or state waters. If the violator fails to comply with a suspension
order issued in an emergency, the Director of Planning and Development 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 detection of illicit discharge. Any
person discharging to the MS4 in violation of this chapter may have its MS4
access terminated if such termination would abate or reduce an illicit discharge.
The Department of Planning and Development will notify a violator of the proposed
termination of its MS4 access. The violator may petition the Director of Planning
and Development 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 Department
of Planning and Development prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the Director of Planning and Development must inspect to enforce any
provision of this chapter, or whenever the Director 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 Director of Planning and Development 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 Director of Planning and Development.
(2)
Facility operators shall allow the Director of Planning
and Development 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 SPDES permit to discharge stormwater, and the performance
of any additional duties as defined by state and federal law.
(3)
The Director of Planning and Development shall have the
right to set up on any permitted facility such devices as are necessary in
the opinion of the Director to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Director of Planning and Development 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 Director of Planning
and Development and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the Director of Planning
and Development 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 an 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 Director of Planning and Development 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 system, 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
Director of Planning and Development 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 Director of Planning
and Development 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; and
(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.
Any person receiving a notice of violation may appeal the determination
of the Director of Planning and Development. The notice of appeal must be
received within five days from the date of the notice of violation to the
Town Clerk. Hearing on the appeal before the Town Board shall take place within
15 days from the date of receipt of the notice of appeal. The decision of
the Town 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 Town Board upholding the decision of the Director
of Planning and Development, then representatives of the Department of Planning
and Development 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 Town 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 Director of Planning
and Development 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 Director of Planning and Development, upon recommendation
of the Town Attorney may impose upon a 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 who 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 Director of Planning and Development
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 chapter, and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.
