[HISTORY: Adopted by the Common Council of the City of Rensselaer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-2007 by L.L. No. 4-2007[2]]
It is hereby determined that:
A.
Uncontrolled drainage and runoff associated with land development
has a significant impact upon the health, safety and welfare of the
community.
B.
Eroded soil endangers water resources by reducing water quality and
causing the silting of streams, lakes and other water bodies adversely
affecting aquatic life.
C.
Stormwater runoff and sediment transports pollutants such as heavy
metals, hydrocarbons, nutrients and bacteria to water resources, degrading
water quality.
D.
Eroded soil necessitates repair and accelerates the maintenance needs
of stormwater management facilities.
E.
Clearing, grading and altering natural topography during construction
tends to increase erosion.
F.
Improper design and construction of drainage facilities can increase
the velocity of runoff, thereby increasing streambank erosion and
sedimentation.
G.
Impervious surfaces increase the volume and rate of stormwater runoff
and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
H.
Improperly managed stormwater runoff can increase the incidence of
flooding and the severity of floods that occur, endangering property
and human life.
I.
Substantial economic losses can result from these adverse impacts.
J.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of land development
activities.
The purpose of this article is to safeguard persons, protect
property, and prevent damage to the environment in the City of Rensselaer,
New York. This article will also promote the public welfare by guiding,
regulating, and controlling the design, construction, use, and maintenance
of any land development activity as it relates to erosion and sedimentation
control and stormwater management. This article seeks to meet these
purposes by achieving the following objectives:
A.
Meet the requirements of minimum control measures 4 (construction
site stormwater runoff control) and 5 (postconstruction stormwater
management) of the State Pollution Discharge Elimination System (SPDES)
general permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit GP-02-02 or as amended or revised.
B.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
(SPDES) general permit for construction activities GP-02-01 or as
amended or revised.
C.
Minimize soil erosion and sedimentation impacts on streams, water
bodies, and neighboring properties.
D.
Avoid excessive and/or unnecessary tree and vegetation removal.
E.
Minimize windblown soil associated with properties being cleared
and graded for development.
F.
Maintain the integrity of watercourses and sustain their hydrologic
functions.
G.
Minimize increases in the magnitude and frequency of stormwater runoff
to prevent an increase in flood flows and the hazards and costs associated
with flooding.
H.
Minimize decreases in groundwater recharge and stream base flow to
maintain aquatic life, assimilative capacity, and water supplies.
I.
Facilitate the removal of pollutants in stormwater runoff to perpetuate
the natural biological function of water bodies.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the governing board of the City of Rensselaer
has the authority to enact local laws and amend local laws for the
purpose of promoting the health, safety or general welfare of the
City of Rensselaer and for the protection and enhancement of its physical
environment. The City of Rensselaer Common Council may include in
any such local law provisions for the appointment of any municipal
officer, employees, or independent contractor to effectuate, administer
and enforce such local law.
A.
Except as otherwise provided herein, no person shall commence or
perform any land development activity, as defined herein, without
the approval of a stormwater pollution prevention plan (SWPPP).
B.
Applicants shall also obtain all other permits required by state,
federal, and local laws. Whenever the particular circumstances of
proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the City of Rensselaer,
the responsible board shall integrate the requirements prescribed
herein as appropriate and determine the adequacy of the SWPPP.
C.
Redevelopment projects. Redevelopment projects, as defined herein, provide an opportunity to reduce pollutant discharges and the rate, the amount and quality of stormwater runoff leaving the redevelopment site. However, the nature of the site, particularly in an urban location, may impose constraints that prevent implementation of full postconstruction compliance. Chapter 9 of the New York State Stormwater Management Design Manual sets forth the standards for compliance with water quantity and quality standards and specifications. Consideration shall be given to using alternative stormwater management practices such as rain gardens, pervious pavers, green roofs and other low-impact development techniques to reduce stormwater impacts.
D.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary for the protection
of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted principal or accessory
use, including the construction of structures where the land disturbance
is less than one acre.
(3)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity, or original purpose of a stormwater management facility.
(4)
Mining as defined herein.
(5)
The renovation/replacement of a septic system serving an existing
dwelling or structure.
(6)
Normal lawn and landscaping activities/maintenance.
(7)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(8)
Selective cutting of trees as defined herein, except log haul roads
and landing areas are subject to this article. ("Landing areas" are
cleared areas to which trees are hauled for their storage before being
transferred off site.)
(9)
Repairs and maintenance of any stormwater management practice or
facility.
A.
Construction completion guarantee. The applicant or developer may
be required to provide, prior to construction, a performance bond,
cash escrow, or irrevocable letter of credit, from an appropriate
financial or surety institution, which guarantees satisfactory completion
of the project and names the City of Rensselaer as the beneficiary.
The security shall be in an amount determined by the City of Rensselaer
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
City of Rensselaer, provided that such period shall not be less than
one year from the date of final acceptance or such other certification
that the facilities have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the City of
Rensselaer. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the City of Rensselaer with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion control facilities, the City of Rensselaer may, upon notification,
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The City of Rensselaer may require entities subject
to this article to maintain records demonstrating compliance with
this article.
A.
The responsible board or municipal official is hereby authorized
to retain licensed/certified professionals as are determined to be
necessary to carry out the review of an SWPPP or to make regular or
final inspections of all control measures, lands, structures, and/or
appurtenances, to be dedicated to the City of Rensselaer in accordance
with the approved plan.
B.
Payment for the services of such professionals is to be made from
funds deposited by the applicant with the City of Rensselaer in escrow
accounts for such purposes.
C.
It shall be the responsibility of the applicant to submit to the
City of Rensselaer certified check(s) in amounts equal to the estimate
of the licensed/certified professional for the cost of services to
be rendered. Estimates shall reflect reasonable costs at prevailing
rates. The City of Rensselaer shall make payments to said professional
for services rendered to it upon acceptance by the City of Rensselaer
of said service.
A.
Notice of violation.
(1)
The operator and all contractors and subcontractors must comply with
all conditions of an SWPPP submitted pursuant to this article. In
the event that the City of Rensselaer determines that a land development
activity is not being carried out in accordance with the requirements
of this article, the Building and Zoning Administrator may issue a
written notice of violation to the operator/landowner, applicant and
all contractors/subcontractors subject to the provisions of this article.
The notice of violation shall contain:
(a)
The name and address of the operator/landowner, developer, or
applicant.
(b)
The address of the site or a description of the building, structure
or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary to bring the
land development activity into compliance with this article, and a
time schedule for the completion of such remedial action.
(e)
A statement of the penalty or penalties that can be assessed
against the person to whom the notice of violation is directed.
(2)
Within 15 days of notification of violation (or as otherwise provided
by the City of Rensselaer), the violator shall take the remedial measures
necessary to bring the land development activity into compliance with
this article.
B.
Stop-work order. The City of Rensselaer Building and Zoning Administrator
may issue a stop-work order for violation of this article. Persons
receiving a stop-work order shall be required to halt all land development
activities, except those activities that address the violation(s)
identified in the stop-work order. The stop-work order shall be in
effect until the City of Rensselaer confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, and/or monetary penalties in accordance
with this article.
C.
Recordkeeping. The City of Rensselaer may require entities subject
to this article to maintain records demonstrating compliance with
this article.
D.
Penalties. Any person violating any of the provisions of this article
shall be deemed guilty of a misdemeanor, and each day during which
any violation of any of the provisions of this article is committed,
continued, or permitted shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine of not more than $250 for each offense.
In addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the provisions
of this article shall be required to bear the expense of such restoration.
To the extent that the noncompliance with this article constitutes
a violation of the Clean Water Act or the Environmental Conservation
Law, there may be substantial criminal, civil, and administrative
penalties depending upon the nature and degree of the offense.
E.
Withholding certificate of occupancy. If any building or land development
activity is installed or conducted in violation of this article, the
City of Rensselaer Building and Zoning Administrator may prevent the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Rensselaer
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
[Adopted 12-19-2007 by L.L. No. 3-2007[1]]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the City of Rensselaer 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. The objectives of this article 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;
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 procedures necessary to ensure compliance with this
article; 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 article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have 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.
Activity 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 § 145-12 of this article.
Activity requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
Municipal separate storm sewer system.
The City of Rensselaer.
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.
LISTED WATERSTERS — 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 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 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 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 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 City of Rensselaer 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 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.
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(s) [SMO(s)] 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 Subsection A(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 written 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.
Where the SMO has identified illicit discharges as defined in § 145-9 or activities contaminating stormwater as defined in § 145-13, 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 § 145-9 or an activity contaminating stormwater as defined in § 145-13 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.
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 its 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 delay 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 in-person or 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.
(1)
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:
(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.
(2)
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. 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 City of Rensselaer Common Council within 15 days
of its issuance, which Common Council 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 Municipal Attorney and concurrence of the municipal
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.
