[Adopted 5-22-2006 by L.L. No. 4-2006]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Town
of Haverstraw through the regulation of nonstormwater discharges to
the municipal separate storm sewer system (MS4) to the maximum extent
practicable as required by federal and New York 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 storage and/or discharge of trash, yard waste, lawn
chemicals, pet waste, wastewater, grease, oil, petroleum products,
cleaning products, paint products, hazardous waste, sediment, snow
and ice control materials, 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.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised and any land disturbance requiring a municipal,
New York State, or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
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 that 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 § 137-64 of this article.
A facility, including septics, cesspools and similar facilities,
serving one or more parcels of land or residential households, or
a private, commercial or institutional facility, that treats sewage
or other liquid wastes for discharge into the groundwaters of New
York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate stormwater 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);
The Town of Haverstraw.
The New York State Department of Environmental Conservation.
Any discharge to the MS4 that is not composed entirely of
stormwater. This includes any pollutants, as well as but not limited
to trash, yard waste, or pet waste.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
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, soil and industrial, municipal
and agricultural waste and ballast discharged into water or any substance
that 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
and all chattel.
An employee, the municipal engineer or other public official(s)
designated by the Town of Haverstraw 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 and designate
certain responsibilities pursuant to this article to other employees
or agents of the municipality.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the permit GP-02-02.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
by the NYSDEC 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 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.
TMDL (total maximum daily load) 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.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
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 NYSDEC
as required by Section 303(d) of the Clean Water Act. The 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.
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this article.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article 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 article.
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 § 137-64A(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 NYSDEC or the
municipality has determined them to be contributors of pollutants
that could negatively impact water quality: water line flushing or
other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater; groundwater infiltration
to storm drains; 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/debrominated swimming
pool, spa and pond discharges; residential street, driveway, home
or deck wash water; water from fire-fighting activities; and any other
water source not containing pollutants. Such exempt discharges shall
be allowed only if uncontaminated.
(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)
Any discharge permitted under an SPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of the NYSDEC, 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. The
discharger shall be required to file a copy of said written approval
with the MS4 prior to the discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of any 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.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the municipality's MS4.
A failing individual sewage treatment system is a system that has
one or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the
ground surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.
Contamination of off-site groundwater that can reasonably
be attributed to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 137-65, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 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 § 137-61, or activities contaminating stormwater, as defined in § 137-66, 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/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
and shall keep and maintain records and logs of the inspection and
maintenance of the BMPs and make them available for inspection by
the MS4 for a period of three years.
(2)
Any person responsible for a property that is, or may be, the source of an illicit discharge or an activity contaminating stormwater as defined in § 137-66, 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, including the record keeping requirements described in § 137-67A(1).
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
B.
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 137-61 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes (including oil and grease), laundry wastes,
and household chemicals; and
(d)
Prohibit the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(e)
Most tanks should be pumped out every two to
three years. However, pumping may be more or less frequent depending
on use. Inspection of the tank for cracks, leaks and blockages should
be done by the septage hauler at the time of pumping of the tank contents.
(2)
Repair or replace individual sewage treatment systems
as follows:
(b)
A professional engineer licensed to practice
in New York State shall prepare design plans for any type of absorption
field that involves:
(c)
A written certificate of compliance shall be
submitted by the design professional to the municipality at the completion
of construction of the repair or replacement system. A written certificate
of approval shall be issued by the Rockland County Health Department
after inspection of the construction of the repair or replacement
system.
A.
If it is necessary for the SMO to take action, 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 that 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 person 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. All costs and
expenses incurred by the SMO to remedy the situation, including proper
disposal, shall be assessed to the owner of the property. If the property
owner fails to pay same, it may become a lien against the property,
subject to a hearing a minimum of 10 days prior to the imposition
of the tax lien.
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/her MS4 access terminated if such termination
would abate or reduce an illicit discharge. The SMO will notify such
person in writing of the proposed termination of his/her MS4 access
and the reasons therefor. The person 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 person 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 a violation if the person reinstates MS4
access to property 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 shall be required
by the municipality in a form acceptable to the NYSDEC prior to the
allowing of discharges to the MS4.
A.
The SMO or his/her designee shall be permitted to
enter and inspect all properties subject to regulation under this
article as often as may be necessary to determine compliance with
this article. If a person has security measures in force that require
proper identification and clearance before entry into his/her premises,
the person shall make the necessary arrangements to allow access to
the SMO.
B.
All persons shall allow the SMO ready access to all
parts of the property for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
C.
The municipality shall have the right to set up on
any property subject to this article such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the property's stormwater discharge.
D.
The municipality has the right to require the properties
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The property's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the person at his/her
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
E.
Unreasonable delays in allowing the municipality access
to a property subject to this article are a violation of this article.
A person who is the operator of a property subject to this article
commits an offense if the person denies the municipality reasonable
access to the property for the purpose of conducting any activity
authorized or required by this article.
F.
If the SMO has been refused access to any part of
the property 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 property or operation, or responsible
for emergency response for a property or operation, has information
of any known or suspected release of materials that 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, the municipality, and the responsible
MS4 of the occurrence via emergency dispatch services. In the event
of a release of nonhazardous materials, said person shall notify the
municipality and responsible MS4 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.
(1)
When the municipality's SMO finds that a person has
violated a prohibition or failed to meet a requirement of this article,
the SMO may order compliance by written notice of violation by certified
mail and/or posting of the property 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 reimbursement of any costs
and/or expenses incurred by the municipality relating to the violation;
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.
(2)
The municipality shall also have the right to issue
an appearance ticket for said violation.
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 $1,000 or imprisonment for a period not to
exceed 15 days, 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 $1,000 nor more
than $2,500 or imprisonment for a period not to exceed 15 days, 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 $2,500 nor more than $5,000 or imprisonment for
a period not to exceed 15 days, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this article shall be deemed offenses. Each week's continued
violation shall constitute a separate additional offense.
Any person receiving a notice of violation may
appeal the determination of the SMO to the Town of Haverstraw Town
Board within 15 days of its issuance, which Board 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 said person.
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 may request
the person's permission for access to the subject property 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 person.
B.
If refused access to the subject property, the SMO
may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property 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 person.
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 that 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 penalty,
upon recommendation of the Town of Haverstraw attorney and concurrence
of the SMO, 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.
[Adopted 1-25-2010 by L.L. No. 1-2010]
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 137-79 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the New York
State Department of Environmental Conservation State Pollutant Discharge
Elimination System (SPDES) General Permit for Stormwater Discharges
from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No.
GP-02-02, or as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities, Permit No. GP-02-01, or as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion, and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
This chapter is adopted pursuant to the authority granted by
§ 10 of the Municipal Home Rule Law of the State of New
York.
A.
This chapter shall be applicable to all land development activities
as defined in this chapter.
B.
The Town of Haverstraw has designated a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater
Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Haverstraw, engage
the services of a registered professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)
Accept the certification of a licensed professional that the plans
conform to the requirements of this chapter.
C.
All land development activities subject to review and approval by
the Town Board, Planning Board and/or Zoning Board of Appeals of the
Town of Haverstraw under subdivision, site plan, and/or special permit
regulations shall be reviewed subject to the standards contained in
this chapter.
The following activities may be exempt from review under this
chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter.
C.
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 facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Haverstraw on or before the effective date
of this chapter.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
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.
K.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
The removal of soil particles by the action of water, ice,
wind or other geological agent.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Activity including clearing, grading, excavating, soil disturbance
or placement of fill that results in land disturbance of equal to
or greater than one acre, or activities disturbing less than one acre
of total land area that is part of a larger common plan of development
or sale, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
NYSDEC term for municipal and nonmunicipal systems of underground
pipes, and also systems of streets and roads with drainage, catch
basins, curbs, gutters, ditches, channels or storm drains, whether
or not the system is owned by the municipality.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The New York State Department of Environmental Conservation.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
A certified professional in erosion and sediment control
(CPESC), professional engineer (PE), registered landscape architect
and/or soil scientist.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer 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.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which were
neither originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
Any permanent or intermittent natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully, or ravine, in and including any area adjacent thereto, in which
water normally flows.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
No application for approval of a land development activity shall
be approved until the appropriate board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this chapter.
A.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project;
(2)
Site map/construction drawing(s) for the project, including a general
location map at a scale no smaller than one inch equals 100 feet.
At a minimum, the site map should show the total site area; all improvements
with dimensions; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharge(s);
(3)
Description of the soil(s) present at the site;
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that will be used
to control liner, construction chemicals and construction debris from
becoming a pollutant source in stormwater runoff;
(6)
Description of all materials expected to be stored on site with updates
as appropriate, and a description of controls to reduce pollutants
from these materials, including storage practices to minimize exposure
of the materials to stormwater, and spill prevention and response;
(7)
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project, from initial land clearing and grubbing
to project closeout;
(8)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control
measures;
(11)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(16)
Any existing data that describes the stormwater runoff at the
site.
B.
Land development activities as defined in § 137-84 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection C below, as applicable:
(1)
Condition A: Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
NYSDEC 303(d) list of impaired waters or a total maximum daily load
(TMDL) designated watershed for which pollutants in stormwater have
been identified as a source of the impairment.
(2)
Condition B: Stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C: Stormwater runoff from land development activity disturbing
between one and five acres of land during the course of the project,
exclusive of the construction of single-family residences and construction
activities at agricultural properties.
C.
SWPPP requirements for Conditions A, B and C.
(2)
Description of each postconstruction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions with predevelopment
conditions;
(6)
Dimensions, material specifications and installation details for
each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice;
(8)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 137-92 of this chapter;
(10)
For Condition A, the SWPPP shall be prepared by a landscape
architect, a certified professional in erosion and sediment control
(CPESC) or professional engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this chapter.
The applicant shall assure that all other applicable permits
have been or will be acquired for the land development activity prior
to approval of the final stormwater design plan.
A.
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the stormwater pollution prevention plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
B.
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
C.
The certification statement(s) shall become part of the SWPPP for
the land development activity.
A copy of the SWPPP and all inspection reports shall be retained
at the site of the land development activity during construction from
the date of initiation of construction activities to the date of final
stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2005, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A of this section and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York (6 NYCRR Part 703.2).
A.
The applicant or developer of the land development activity or his
or her representative shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
B.
For land development activities as defined in § 137-84 of this chapter and meeting Condition A, B or C in § 137-86B, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the SMO and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
C.
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices.
Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements, the applicant or developer
must execute a maintenance easement that shall be binding on all subsequent
landowners served by the stormwater management facility. The easement
shall provide for access to the facility for periodic inspection by
the Town of Haverstraw to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Town of Haverstraw. This easement shall not impose any obligation
on the Town of Haverstraw to maintain or repair the stormwater management
facility.
The owner or operator of permanent stormwater management practices
installed in accordance with this chapter shall ensure they are operated
and maintained to achieve the goals of this chapter. Proper operation
and maintenance also includes, at a minimum, the following:
A.
A preventive/corrective maintenance program for all facilities and
systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter;
B.
Written procedures for operation and maintenance and training of
maintenance personnel;
The Town of Haverstraw shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule A of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Haverstraw, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
A.
Inspections required.
(1)
The Town of Haverstraw Stormwater Management Officer may require
such inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this chapter and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Town of Haverstraw enforcement official at least 48 hours before any
of the following as required by the Stormwater Management Officer:
(a)
Start and/or resumption of construction;
(b)
Installation of sediment and erosion control measures;
(c)
Completion of site clearing;
(d)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the construction season;
(g)
Completion of final landscaping;
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
B.
Stormwater management practice inspections. The Town of Haverstraw
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
D.
Submission of reports. The Town of Haverstraw Stormwater Management
Officer may require monitoring and reporting from entities subject
to this chapter as are necessary to determine compliance with this
chapter.
E.
Right-of-entry for inspection. When any new stormwater management
facility is installed on private property or when any new connection
is made between private property and the public stormwater system,
the landowner shall grant to the Town of Haverstraw the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection.
A.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Haverstraw
in its approval of the stormwater pollution prevention plan, the Town
of Haverstraw may require the applicant or developer 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 Town
of Haverstraw as the beneficiary. The security shall be in an amount
to be determined by the Town of Haverstraw 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 Town of Haverstraw, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) 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 Town of Haverstraw. 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 Town of Haverstraw 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 and sediment control facilities, the Town of Haverstraw
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town of Haverstraw may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Haverstraw determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
B.
Stop-work orders. The Stormwater Management Officer (SMO) may issue
a stop-work order for violations of this chapter. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
SMO 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 or criminal
penalties, or injunction in accordance with the enforcement measures
authorized in this chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Penalties.
(1)
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
$1,000 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 $1,000 nor more than $2,500 or
imprisonment for a period not to exceed 15 days, 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
$2,500 nor more than $5,000 or imprisonment for a period not to exceed
15 days, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed offenses. Each week's continued violation shall constitute
a separate additional offense.
(2)
In addition to any other penalties provided for herein, any person
who violates any provision of this chapter shall be liable for a civil
penalty not to exceed $3,000 for each such violation. No such penalty
shall be imposed until the Town Board has held a public hearing, upon
due notice, and has made a determination that such violation has occurred
and has made findings of fact relating to said determination. The
alleged violator shall have a right to specification of the charges
and to be represented by counsel at such hearing. Each day such violation
shall continue shall be deemed to be a separate, distinct and additional
offense. Any civil penalty or order issued by the Town Board shall
be reviewable pursuant to Article 78 of the Civil Practice Law and
Rules within 30 days after filing of such penalty or order in the
office of the Town Clerk and mailing a copy thereof to the violator.
E.
Certificate of occupancy. No certificate of occupancy (CO) shall
be issued for any building or structure in connection with any land
development activity that is subject to this chapter unless the SMO
has certified that the work has been installed or conducted in compliance
with this chapter.
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 the time stated in the notice, the Town of Haverstraw
may take necessary corrective action, the cost of which shall become
a lien in the nature of a tax lien upon the property until paid. In
addition, any fees, penalties or other costs imposed by the municipality
against the violator in order to obtain compliance with this chapter
shall be assessed against the property in the nature of a tax lien
until paid. No such lien shall take effect until the Town Board has
held a public hearing upon 10 days' notice to the violator, advising
him/her that a lien will be imposed upon the affected property and
the amount thereof. The violator shall have an opportunity to appear
and give evidence at the public hearing and to be represented by counsel.
Any person aggrieved by a decision of the Town Board may appeal such
decision to the New York State Supreme Court in an Article 78 proceeding
pursuant to the Civil Practice Law and Rules within 30 days after
such decision has been filed in the office of the Town Clerk and a
copy mailed by regular mail to the violator.
The Town of Haverstraw may require any person undertaking land
development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town of Haverstraw or performed by a
third party for the Town of Haverstraw. The municipality shall determine
the amount to be paid by the said person into an escrow account to
be held by the municipality. The costs incurred by the municipality
shall be reimbursed from the escrow account. The escrow account shall
be replenished by the person undertaking the land development activity
on an as-needed basis.
A stormwater pollution prevention plan consistent with the requirements of §§ 137-79 through 137-94 of this chapter and with the terms of preliminary plan approval shall be required for final subdivision plat approval as set forth in Chapter A176 of the Town Code. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved final subdivision plat shall be consistent with the provisions of this chapter.
A stormwater pollution prevention plan consistent with the requirements of §§ 137-79 through 137-94 of this chapter shall be required for site plan approval as set forth in Chapter A173 of the Town Code. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
The SMO may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an action 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.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
This chapter shall be effective upon filing with the Office
of the Secretary of State.
