The Standards set forth herein and promulgated pursuant to this Part 2 are minimum Standards. Therefore, this article does not intend to imply that compliance by any Person shall ensure that there will not be contamination, pollution or unauthorized discharge of Pollutants.
A. 
No User shall discharge or cause to be discharged into the County Storm Drainage System or Waters of the United States any Wastewater, Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable Water Quality Standards other than Stormwater. Such discharges include but are not limited to: failing Private Sewage Disposal Systems as defined in § 343-11; improper management of animal waste; over-fertilization or pesticide application of lawns; or any other activity that causes or contributes to violations of the County's MS4 SPDES Permit authorization.
B. 
Upon notification to a User that it is engaged in activities that cause or contribute to violations of the County's MS4 SPDES Permit authorization, that User shall take all reasonable actions to correct such activities such that they no longer cause or contribute to violations of the County's MS4 SPDES Permit authorization.
The commencement, conduct or continuance of any Illicit Discharge to the County Storm Drainage System is prohibited except as follows:
A. 
Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater Infiltration to storm drains, uncontaminated and nonsediment laden pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically less than one mg/l chlorine), firefighting activities and any other water source not containing Pollutants. Regardless of exemption, Best Management Practices should be implemented to reduce impacts from the above activities.
B. 
Discharges specified in writing by the Director as being necessary to protect public health and safety.
C. 
Dye testing conducted with proper and nonharmful dyes is an allowable discharge, but requires a verbal notification to the Director prior to the time of the test.
D. 
Any Nonstormwater discharge permitted under SPDES Permit, waiver or waste discharge order issued to the User and administered under the authority of the NYSDEC, provided that the User is in full compliance with all requirements of the Permit, waiver or order and other applicable laws and regulations and written approval has been granted for any discharge to the County Storm Drainage System by the Director.
A. 
The construction, use, maintenance or continued existence of Illicit Connections to the County Storm Drainage System is prohibited.
B. 
This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under previous laws or practices applicable or prevailing at the time of connection.
C. 
A Person is considered to be in violation of this Part 2 if he or she connects a pipe or drain line conveying Wastewater or unknown pollutants to the County Storm Drainage System or allows such a connection to continue.
No Person shall throw, deposit, leave, maintain, keep or allow to be thrown, deposited, left or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the County Storm Drainage System or Waters of the United States, any refuse, rubbish, yard/lawn waste, garbage, litter or other discarded or abandoned objects, articles and accumulations so that the same may cause or contribute to pollution through its potential admixture with surface runoff and Stormwater. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
No Person shall construct or maintain any cesspool, Private Sewage Disposal System, pipe or drain so as to expose or discharge the Sewage contents or other deleterious liquids or matter therefrom to the atmosphere, ground surface or into any Storm Sewer or drain or as to endanger any Watercourse or body of water unless a Permit for such discharge shall have been issued by the Monroe County Department of Public Health or by the State Department of Health or the NYSDEC, and such discharge is made in accordance with the requirements thereof. Owners or operators of Private Sewage Disposal Systems shall operate, maintain and inspect such systems in accordance with the Monroe County Sanitary Code.
Stormwater shall not be discharged into the Sanitary Sewer without written permission from the Director.
A. 
Suspension due to Illicit Discharges in emergency situations. The Director may, without prior notice, suspend discharge access into the County Storm Drainage System to a Person when such a 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; to the County Storm Drainage System, including but not limited to pipes, manholes, outfall structures and storm laterals; or to the Watercourse. If the violator fails to comply with a suspension order, the Director may take such steps as deemed necessary to prevent or minimize damage to the County Storm Drainage System, the Watercourse or to minimize danger to Persons.
B. 
Suspension due to the detection of Illicit Discharge. Any Person discharging to the County Storm Drainage System in violation of this Part 2 may have his or her Storm Sewer access suspended or terminated if such action would abate or reduce an Illicit Discharge. The Director shall notify a violator of the proposed suspension or termination of its MS4 access. The violator may petition the County Executive or his or her designee to reconsider the suspension or termination of Storm Sewer access by requesting a hearing in accordance with Article X.
C. 
It shall be unlawful for any Person to reinstate Storm Sewer access to premises suspended or terminated pursuant to this section, without the prior written approval of the Director.
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 Director prior to discharge and as a condition of submittals for subdivision maps, site plans, building permits, development or improvement plans; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
A. 
Applicability. This Section applies to all facilities discharging to the County Storm Drainage System. The Director may inspect any premises in the enforcement of any provision of this Part 2, or whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this Part 2.
B. 
Access to facilities.
(1) 
To determine compliance with this Part 2, the Director shall be permitted to enter and inspect, at any time, facilities subject to regulation under this Part 2 as often as may be necessary. If a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make the necessary arrangements to allow access to the Director.
(2) 
Facility operators shall allow the Director ready access to all parts of the premises for the purpose of inspection, sampling and examination of the private storm drainage system. If requested by the Director, facility operators or other responsible Persons must supply copies of all records kept under the conditions of the SPDES Stormwater Discharge Permit. Facility operators or other responsible Persons must also identify the performance of any additional duties as defined by State and federal law.
(3) 
The Director shall have the right to place or position any devices, as are necessary in the opinion of the Director, to conduct monitoring and/or sampling of the facility's discharge to the County Storm Drainage System.
(4) 
The Director has the right to require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User, at the User's own expense. To ensure their accuracy, all devices used to measure Stormwater flow and quality shall be maintained and calibrated as necessary and as recommended by the manufacturer.
(5) 
The Director may require a User to self-monitor for flow or any Pollutant necessary to ensure Stormwater quality.
(6) 
Any temporary or permanent obstruction to the facility which causes unsafe access or difficulty in monitoring, inspecting or sampling of the County Storm Drainage System shall be promptly removed by the User at the written request of the Director and shall not be replaced unless authorized by the Director. All costs associated with clearing such access restriction shall be borne in full by the User.
(7) 
As determined by the Director, any unreasonable delays in allowing the Director access to a facility for the purpose of conducting any activity authorized or required by a Permit issued under the NYSDEC SPDES Program shall be considered a violation of said Permit and this Part 2.
(8) 
If the Director has been refused access to any part of the premises from which a discharge or conveyance to the County Storm Drainage System exists, and the Director is able to demonstrate probable cause to believe that there may be a violation of this Part 2, or a need to further inspect and/or sample the private Stormwater system to verify compliance with this Part 2 or any order issued hereunder, or any other actions necessary to protect the overall health, safety and welfare of the community, then the Director may seek the issuance of a search warrant from any court of competent jurisdiction.
A. 
Best Management Practices. The Director shall require facility managers or other responsible Persons to identify BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of Stormwater, the County Storm Drainage System or Watercourse. The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited material or other wastes into the County Storm Drainage System or Watercourse through the use of structural and nonstructural BMPs. Any Person responsible for a property or premises which is or may be the source of an Illicit Discharge may be required to implement, at said Person's expense, additional structural and nonstructural BMPs to prevent the further discharge of Pollutants to the County Storm Drainage System. To the maximum extent practicable, compliance with all terms and conditions of a valid SPDES Permit authorizing the discharge of Stormwater associated with industrial activity shall also be deemed to be compliant with the provisions of this section. "Industrial activity" means activities subject to State Pollutant Discharge Elimination System Industrial Stormwater Permits as defined in 40 CFR 122.26(b)(14). To achieve compliance, and also as a requirement of the SPDES Permit, any appropriately designed structural and nonstructural BMPs shall be included as part of a Stormwater Pollution Prevention Plan. A Stormwater Pollution Prevention Plan means a document which describes the BMP and activities to be implemented by a Person for the identification of sources of pollution or contamination at a site and the intended actions to eliminate or reduce Pollutant discharges to Stormwater, Stormwater conveyance systems and/or Receiving Waters to the maximum extent practicable.
B. 
Private Sewage Disposal Systems. Where Private Sewage Disposal Systems in Monroe County are subject to special conditions as defined below, the owner or operator of such Private Sewage Disposal System shall be required to maintain and operate the system as follows:
(1) 
Private Sewage Disposal Systems should be operated, maintained and inspected in accordance with the Monroe County Sanitary Code.
(2) 
Septic tank additives that have the potential to damage the system or the local groundwaters shall not be used.
(3) 
Installation, repair or replacement of Private Sewage Disposal Systems shall occur as follows:
(a) 
In accordance with Monroe County Sanitary Code Sewage design Standards.
(b) 
No Person shall alter, repair or extend a Private Sewage Disposal System unless a Permit is obtained from the Monroe County Public Health Director or his or her authorized representative.
(c) 
Where a public Sanitary Sewer is available and accessible, no Person shall construct, repair, alter or provide on any property a Private Sewage Disposal System for the disposal of Sewage with the exception of any temporary devices used in connection with a construction project.
A. 
No Person shall alter a Stormwater management practice on private or publicly owned land such that it alters the Stormwater management practice from its intended use.
B. 
Every owner or such owner's lessee of property through which a Watercourse passes shall keep and maintain that part of the Watercourse within the property in a manner which prevents Illicit Discharges and keeps the Watercourse free of trash, debris, yard/lawn waste, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the Watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a Watercourse so that such structures shall not become a hazard to the use, function or physical integrity of the Watercourse.
Notwithstanding other requirements of law, as soon as any Person responsible for a facility or operation, or responsible for the emergency response for that facility or operation, has information of any known or suspected release of materials which are resulting or may result in the Illicit Discharge of Pollutants into Stormwater, the County Storm Drainage System, private storm drain systems or Watercourses, said Person shall take all necessary steps to ensure the discovery, containment and cleanup of any such release. In the event a release of hazardous materials occurs, said Person shall immediately notify the NYSDEC Region 8 Spill Response Team and/or call the NYS Spill Hotline within the time frame established by law. "Hazardous materials" means 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 or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Additionally, any such occurrences shall require notification to the Director. In the event of a release of nonhazardous materials, said Person shall notify the Director in person or by phone no later than the next business day. Notification in person or by phone shall be confirmed, documented in writing and mailed to the Director, postmarked within three business days of the date of the in-person or phone notice. If the discharge of prohibited materials occurs 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 reoccurrence. Such records shall be retained for at least five years and, if requested, made available to the Director.