The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Town of Somers through the regulation
of nonstormwater discharges to the municipal separate storm sewer system (MS4)
to the maximum extent practicable as required by federal and state law. This
chapter establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with requirements of the SPDES General Permit
for Municipal Separate Storm Sewer Systems. 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 or as amended or
revised; and
B. To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process or discharge nonstormwater
wastes; and
C. To prohibit illicit connections, activities and discharges
to the MS4; and
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 the MS4.
Whenever used in this chapter, unless a different meaning is stated
in a definition applicable to only a portion of this chapter, the following
terms will have meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPS)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity, GP-02-01, as amended or revised. These
activities include construction projects resulting in land disturbance of
one or more acres. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
DEC
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
A.
Any conveyances which allow any nonstormwater discharge including treated
or untreated sewage, process wastewater, and wash water to enter the 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; or
B.
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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
117-6 of this chapter.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
A.
Owned or operated by the Town of Somers;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW) as defined
at 40 CFR 122.2.
PERSON
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.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
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.
PREMISES
Any building, lot, parcel of land, or portion of land whether improved
or unimproved including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards. The condition that
applies where a municipality has been notified that the discharge of stormwater
authorized under their MS4 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 Town of Somers must take all necessary reasonable
actions to ensure future discharges do not cause or contribute to a violation
of water quality standards.
B.
303(d) listed waters. The condition in the Town of Somers's MS4
permit that applies where the MS4 discharges to a 303(d) listed water. Under
this condition the stormwater management program must ensure no increase of
the listed pollutant of concern to the 303(d) listed water.
C.
Total maximum daily load (TMDL) strategy. The condition in the Town
of Somers's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by the EPA for a waterbody 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 municipality
was required to modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
D.
The condition in the Town of Somers's MS4 permit that applies if
a TMDL is approved in the future by the EPA for any waterbody or watershed
into which an MS4 discharges. Under this condition the Town of Somers 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 Town of Somers 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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
303(d) LIST
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by the 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.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant to be allowed to be released into
a waterbody so as not to impair uses of the water, allocated among the sources
of that pollutant.
TOWN ENGINEER
The Town Engineer designated by the Town of Somers to enforce this
chapter.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
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 Town Engineer shall administer, implement, and enforce the provisions
of this chapter. Such powers granted or duties imposed upon the authorized
enforcement official may be delegated in writing by the Town Engineer as may
be authorized by the Town of Somers.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or the application
thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this
chapter.
Where the Town Engineer has identified illicit discharges as defined in §
117-2 or activities contaminating stormwater as defined in §
117-7 the Town of Somers may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A. The owner or operator of a commercial or industrial establishment
shall provide, at his/her own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through the
use of structural and nonstructural BMPs.
B. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in §
117-2 or an activity contaminating stormwater as defined in §
117-7, 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.
C. Compliance with all terms and conditions of a valid SPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions
of this section.
D. Every person owning property through which a watercourse
passes, or such person's lease, 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 property. 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.
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 Town
of Somers prior to the allowing of discharges to the MS4.
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 the MS4, 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 Town of
Somers 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 Town of Somers 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 for at least three
years.
Any person receiving a notice of violation may appeal the determination
of the Town Engineer to the Zoning Board of Appeals within 15 days of its
issuance, which shall hear the appeal within 30 days after the filing of the
appeal, and within five days of making its decision, file its decision in
the office of the Town Clerk and mail a copy of its decision by certified
mail to the discharger.
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 Town 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 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.
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 authorized enforcement agency to seek cumulative remedies.