Where the Director has identified illicit discharges as defined in § 225-115 of this Part 3 or activities contaminating stormwater as defined in § 225-121 of this Part 3, the Director 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/her own expense, reasonable protection
from accidental discharge of prohibited materials, pollutants 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 § 225-115 of this Part 3 or an activity contaminating stormwater as defined in § 225-121 of this Part 3 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 in
compliance with the provisions of this section.
Where individual sewage treatment systems are contributing to the City’s MS4 being subject to the special conditions as defined in § 225-115 of this Part 3, the owner or operator of such individual sewage treatment systems shall be required to:
A.
Maintain and operate individual sewage treatment systems
as follows:
(1)
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;
(2)
Avoid the use of septic tank additives;
(3)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes, laundry wastes and household chemicals;
and
(4)
Avoid the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
B.
Repair or replace individual sewage treatment systems
as follows:
(1)
In accordance with 10 NYCRR Appendix 75A or,
if applicable, the County Department of Health’s Manual of On-Site
Sewage Disposal, to the maximum extent practicable.
(2)
A design professional licensed to practice in
New York State shall prepare design plans for any type of absorption
field that involves:
(3)
A written certificate of compliance shall be
submitted by the design professional to the City at the completion
of construction of the repair or replacement system.
A.
The Director 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,
safety or welfare of persons, or to the MS4. The Director 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 Director
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons, and any fees and costs
incurred by the City, including reasonable third-party engineering
or attorney’s fees, as a result shall be paid by the person
and if not paid shall become a lien against the person’s property.
B.
Suspension due to the detection of illicit discharge or unauthorized connection. Any person discharging to the City’s MS4 in violation of this Part 3 may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge or result in the remedy of an unauthorized connection. The Director will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the Director for a reconsideration and hearing. Access may be granted by the Director if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence, or that the discharger has obtained proper permission for the connection. Access may be denied if the Director determines in writing that the illicit discharge has not ceased or is likely to recur or the unauthorized connection has not been remedied. A person commits an offense if the person reinstates MS4 access to premises 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 solely to the Director prior to the allowing
of discharges to the MS4.
A.
General. Any connection to the City’s MS4 requires
a permit issued by the Director. Applications for permits shall be
made on forms provided by the Office of the Director. Permit applications
shall be supplemented by any plans, specifications, analyses, calculations
or other information considered reasonably pertinent by the Director.
The City considers connection to its MS4 as a last resort to solve
flooding problems. Before approving a connection, the City will require
that applicants use on-site best management practices to handle stormwater
and other authorized nonstormwater discharges to the maximum extent
practicable. The Office of the Director will assess the adequacy of
the applicant’s on-site stormwater disposal management practices.
B.
Permit types.
(2)
Connection permit: an authorization for connection as well as discharge authorized under § 225-126 of this Part 3, as well as for a discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Director. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
C.
Permit fees shall be in accordance with the following
fee schedule:
D.
Inspection. All connections to the City’s MS4
shall be subject to prior written approval and inspection by the City.
The applicant must notify the Office of the Director at least 48 hours
prior to commencing work and at least 48 hours prior to final restoration.
E.
Indemnification. The property owner shall indemnify
and save the City harmless from any loss, damage or expense, claims
or suits arising out of and in connection with the installation and
connection to the City’s MS4. In addition, the City makes no
guarantee that its MS4 will not become surcharged or otherwise overburdened
and that water from the MS4 will not back up through the connection
onto the owner’s property. By making a connection, the applicant/owner
assumes all of the risk and liability that may arise from it.
F.
Permit transfers. General permits may be transferred
with the sale of a residential property, provided the use does not
change. The new property owner shall comply with the terms and conditions
of the transferred permit and pay any transfer fee charged by the
City. Special permits are not transferable without the prior written
approval of the Director.
G.
Work within City roads. Any connection made within
or involving work within a City road will also comply with and be
subject to any and all applicable codes and regulations pertaining
to permits for work on and within City streets and roads. A permit
under this Part 3 does not relieve the applicant from the permits
under the foregoing codes and regulations.
H.
Other permits required. A connection permit issued
pursuant to this Part 3 does not relieve the applicant from any and
all other permits, permissions, or compliance with rules and regulations
that may be required by federal, state, county, town, City government
agencies or other public or private parties. This permit does not
supersede any of the above.
I.
Permit rules and regulations. The Director may promulgate
rules and regulations for the permitting process within the constraints
of this Part 3.
A.
Applicability. This section applies to all facilities that the Director must inspect to enforce any provision of this Part 3, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition that constitutes a violation of this Part 3.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect
facilities, public and private, subject to regulation under this Part
3 as often as may be necessary to determine compliance with this Part
3. If a discharger has security measures in force that 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 Part 3.
(3)
The City shall have the right to set up on any
facility subject to this Part 3 such devices as are necessary in the
opinion of the Director to conduct monitoring and/or sampling of the
facility’s stormwater discharge. The cost of such setup shall
be paid by the property owner and if not paid shall become a lien
against the property.
(4)
The Director has the right to require the facilities
subject to this Part 3 to install monitoring equipment as is reasonably
necessary to determine compliance with this Part 3 at the discharger’s
sole expense. 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 sole expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the City access
to a facility subject to this Part 3 are a violation of this Part
3. A person who is the operator of a facility subject to this Part
3 commits an offense if the person denies the City reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this Part 3.
(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 Part 3, 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 Part 3 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 is 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 Director in person or by telephone or
facsimile transmission no later than the next business day. Notifications
in person or by telephone shall be confirmed by written notice addressed
and mailed to the Director 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 seven years.
