[HISTORY: Adopted by the Town Board of the Town of Wheatfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-2005 by L.L. No. 3-2005]
No person, firm, corporation or other entity shall connect to the Town
storm drainage system without first obtaining a permit from the Town of Wheatfield
Highway Department.
Work authorized by this permit shall be in a manner satisfactory to
the Highway Superintendent. Drainage culverts shall be sized and installed
according to the directions of the Highway Superintendent.
A.
The applicant shall keep in good repair all pipes, hydrants or
appurtenances which may be placed within the bounds of the highway under terms
of this permit and shall save the Town harmless from all claims and damages
which may occur by reason of their location on the highway, and upon notice
by the Highway Superintendent, and who agrees to make any repairs required
for the protection and preservation of the highway and further agrees that,
upon the failure of the applicant to make such repairs, they may be made by
the Highway Superintendent at the expense of the applicant, and such expense
shall be a prior lien upon the land benefited by the use of the highway for
such pipes, hydrants or appurtenances.
B.
The said applicant shall agree to hold the Town of Wheatfield
harmless on account of damages of any kind which may arise during the progress
of the work authorized by this permit or by reason thereof. The applicant
shall certify that all persons concerned with actual work under this permit
are duly covered by workmen's compensation insurance and the Town of Wheatfield
shall be held harmless on account thereof.
A.
The applicant shall notify the Highway Superintendent 24 hours
before any work begins.
B.
The Highway Superintendent or his designee shall make a final
inspection after the connection to the stormwater drainage system.
C.
No building permit shall be issued without submittal of a stormwater
drainage system connection permit with a first inspection approval.
D.
No certificate of occupancy shall be issued without submittal
of a stormwater drainage system connection permit with a final inspection
approval.
The Town of Wheatfield Town Board shall from time to time set a fee
for the cost of this permit.
[Adopted 11-13-2007 by L.L. No. 8-2007]
The purpose of this article is to provide for the health, safety and
general welfare of the citizens of the Town of Wheatfield 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
article 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.
A.
The objectives of this article are:
(1)
To meet the requirements of the SPDES general permit for stormwater
discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
(2)
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater wastes;
(3)
To prohibit illicit connections, activities and discharges to
the MS4;
(4)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this article;
and
(5)
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.
B.
To the extent that the provisions of any other local
law are inconsistent with this article with respect to stormwater regulation,
the more stringent requirements shall have priority.
Whenever used in this article, unless a different meaning is stated
in a definition applicable to only a portion of this article, the following
terms will have the meanings set forth below:
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, 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.
The New York State Department of Environmental Conservation.
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 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 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
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 163-11 of this article.
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
Municipal separate storm sewer system.
The Town of Wheatfield.
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains):
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.
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,
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.
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 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.
303(d) listed waters. The condition in the municipality'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.
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 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 municipality 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 the municipality's 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.
A permit issued by the Department that authorizes the discharge of
pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the Municipal Engineer or other public official(s) designated
by the Town of Wheatfield to enforce this article. The SMO may also be designated
by the municipality to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
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 Department as required
by § 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 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.
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
This article shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The Stormwater Management Officer (SMO) shall administer, implement,
and enforce the provisions of this article. Such powers granted or duties
imposed upon the authorized enforcement official may be delegated in writing
by the SMO as may be authorized by the municipality.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 163-11A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this article unless the Department or the municipality has
determined them to be substantial contributors of pollutants: waterline flushing
or other potable water sources, landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater infiltration
to storm drains, uncontaminated pumped groundwater, foundation or footing
drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such approval
shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and local
laws is an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver or waste discharge order issued to the discharger
and administered under the authority of 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 article
if the person connects a line conveying sewage to the municipality's MS4,
or allows such a connection to continue.
A.
Activities that are subject to the requirements of this
section are those types of activities that:
B.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or contributes
to violations of the municipality's MS4 SPDES permit authorization.
A.
Best management practices: Where the SMO has identified illicit discharges as defined in § 163-8 or activities contaminating stormwater as defined in § 163-12, the municipality may require 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 in § 163-8 or an activity contaminating stormwater as defined in § 163-12 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.
A.
The SMO 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. The SMO 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 SMO 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 municipality's MS4 in violation of this article
may have his MS4 access terminated if such termination would abate or reduce
an illicit discharge. The SMO will notify a violator in writing of the proposed
termination of its MS4 access and the reasons therefor. The violator may petition
the SMO for a reconsideration and hearing. Access may be granted by the SMO
if he/she finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the SMO determines
in writing that the illicit discharge has not ceased or is likely to recur.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this section without the prior approval of the SMO.
Any person subject to an industrial or construction activity SPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the municipality
prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article or whenever
the authorized enforcement agency has cause to believe that there exists or
potentially exists in or upon any premises any condition which constitutes
a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary to determine
compliance with this article. 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 SMO.
(2)
Facility operators shall allow the SMO ready access to
all parts of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
(3)
The municipality shall have the right to set up on any
facility subject to this article such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. 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 municipality access
to a facility subject to this article is a violation of this article. A person
who is the operator of a facility subject to this article commits an offense
if the person denies the municipality reasonable access to the facility for
the purpose of conducting any activity authorized or required by this article.
(6)
If the SMO 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 article 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 article or any
order issued hereunder, then the SMO may seek issuance of a search warrant
from any court of competent jurisdiction.
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 municipality
in person or by telephone or 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 municipality within three business days of the
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 municipality's SMO finds
that a person has violated a prohibition or failed to meet a requirement of
this article, he/she may order compliance by written notice of violation to
the responsible person. Such notice may require without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices or operations shall
cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment BMPs.
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.
B.
Penalties for offenses. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, 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 not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article shall
be deemed misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town of Wheatfield Town Board 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 Municipal Clerk and mail a copy of its decision by certified mail to
the discharger.
A.
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 five business days of the decision of the municipal authority upholding
the decision of the SMO, then the SMO shall request the owner's permission
for access to the subject private property to take any and all measures reasonably
necessary to abate the violation and/or restore the property.
B.
If refused access to the subject private property, the
SMO may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek a court
order to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. If a person has violated
or continues to violate the provisions of this article, the SMO 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.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a civil penalty,
upon recommendation of the Town Attorney and concurrence of the Town Code
Enforcement Officer, where:
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 article 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 article 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.
This article shall be in full force and effect upon its final passage
and adoption. All prior laws and parts of law in conflict with this article
are hereby repealed except as provided herein.