[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 6-18-2007 by L.L. No. 8-2007. 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 Lynbrook 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 established
methods for controlling the introduction of pollutants into the MS4
in order to comply with the requirements of State Pollutant Discharge
Elimination System (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 Storm Water Discharges from MS4s (Permit No. GP-02-02 or as amended
or revised);
B.
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.
To prohibit "illicit connections, activities and discharges"
to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedure 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 the meaning set forth
below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedure, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
into stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedure, 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 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.
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 sewerage, process wastewater,
and wash water to enter the MS4 and any connections to the storm drain
sewer from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted or approved by
any 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 § 210-6 of this chapter.
Activities requiring the SPDES permit for discharges from
industrial activities except construction (GP-98-03, as amended or
revised).
Municipal Separate Storm Sewer System.
A conveyance or system of conveyances (including roads with
drainage systems, municipal street, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
The Village of Lynbrook.
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 blast 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 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 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 storm 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 the 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 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 the EPA for any
water body or watershed into which an MS4 discharges. Under this condition,
the municipality must review 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.
Rain water, surface runoff, snow melt and drainage.
An employee, municipal engineer or other public official
designated by the Village of Lynbrook to enforce this chapter. 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 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 Stormwater Management Officer (SMO) shall
administer, implement, and enforce the provisions of this chapter.
Such powers granted or duties imposed upon the authorized Enforcement
Officer may be delegated in writing by the SMO as may be authorized
by the municipality.
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.
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 this § 210-6. 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 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 pump 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 continue compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this chapter.
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 the connection.
(3)
A person is considered to be in violation of this
chapter if the person connects a line conveying sewage to the municipality's
MS4 or allows 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.
Best management practices: Where the SMO has identified illicit discharges as defined in § 210-2 or activities contaminating stormwater as defined in § 210-7, the municipality 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 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 premises which is, or may be, the source of an illicit discharge as defined in § 210-2 or an activity contaminating stormwater as defined in § 210-7 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants) to the 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 in compliance
with the provisions of this section.
Illicit discharges in emergency situations.
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
chapter 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 it is found 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 subsection without
prior approval by 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 chapter
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 chapter.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. 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 chapter.
(3)
The municipality shall have the right to set up on
any facility subject to this chapter 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 chapter to install monitoring equipment as is reasonably
necessary to determine compliance with this chapter. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the municipality access
to a facility subject to this chapter is in violation of this chapter.
A person who is the operator of a facility subject to this chapter
commits an offense if the person denies the municipality reasonable
access to the facility for the purpose of conducting any activity
authorized or required by the chapter.
(6)
If the SMO has been refused access to any part of
the premises from which stormwater is discharged, and there is 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 thereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction
including the Lynbrook Village Justice Court.
Notwithstanding the 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 which 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.
Notice of violation. When the municipality's
SMO finds that a person has violated a prohibition or failed to meet
a requirement of this chapter, an order of compliance by written notice
of violation shall be served upon the responsible person. Such notice
may require without limitation:
A.
The elimination of illicit connections or discharges;
B.
That violating discharges, practices, or operations
shall cease and desist;
C.
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
D.
The performance of monitoring, analyses and reporting.
E.
Payment of a fine; and
F.
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.
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this chapter 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 or more than $700
or imprisonment for a period not to exceed six months, or both; upon
conviction for a third or subsequent offense all of which were committed
within a period of five years, punishable by a fine of not less $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 chapter
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 Village Board of Trustees
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.
The filing of an appeal will not act as a stay of the abatement and
remediation provisions of this chapter.
[Amended 12-20-2010 by L.L. No. 2-2011]
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 Village 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.
[Added 12-20-2010 by L.L. No. 2-2011[1]]
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 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.
[Added 12-20-2010 by L.L. No. 2-2011]
A.
Where a person has violated a provision of this chapter, he/she may
be eligible for alternative remedies in lieu of a civil remedy, upon
recommendation of the Village Attorney and concurrence of the Village
Code Enforcement Officer, where:
[Amended 12-20-2010 by L.L. No. 2-2011]
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 with litigation costs assessed against the violator
and collected in the manner of real estate taxes.
[Amended 12-20-2010 by L.L. No. 2-2011]
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law and is within the discretion of the authorized enforcement agency
to seek cumulative remedies.
