The purpose of this article of the Sewer Use Code of the Village
of Brockport is to provide for the health, safety and general welfare
of the citizens of the Village of Brockport through the regulation
of nonstormwater discharges to the municipal separate storm sewer
system (aka "MS4") to the maximum extent practicable as required by
federal and state law. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the SPDES general permit for municipal separate storm
sewer systems. The objective of this article is:
A. To meet the requirements of the SPDES general permit stormwater discharges
from MS4s, Permit No. GP-02-02, as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C. To prohibit illicit connections, activities and discharges to the
MS4;
D. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil petroleum products, cleaning products, paint products,
hazardous waste, sediments 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 the meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPS)
Schedule 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.
BMP 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.
CLEAN WATER ACT
The Federal Water Protection Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereof.
CONSTRUCTION ACTIVITY
Activity requiring authorization under the SPDES permit Stormwater
Discharge From Construction Activity, GP-02-02, as amended or revised.
Currently these activities include, but are limited to, clearing and
grubbing, grading, excavating and demolition.
DEC
The New York State Department of Environmental Conservation.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, except as exempted in §
42-17.
A.
Any drain or conveyances which allows 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;
B.
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;
or
C.
Any stormwater discharge to a sanitary sewer unless approved
by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
INDUSTRIAL WASTES
Any liquid, gaseous or solid substance, or a combination
thereof, which is an undesired by-product waste resulting from any
process of industry, manufacturing, trade or business or from the
development or recovery of any natural resources, except garbage.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A drain or conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains):
A.
Owned or operated by the Village of Brockport;
B.
Designed or used for collecting or conveying stormwater; and
C.
Which is not a combined sewer.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid waste
and yard waste; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordnances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from construction of a building or structure;
and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel or land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRIVATE SEWAGE DISPOSAL SYSTEM
A facility serving one or more parcels of land or residential
households, or 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.
SANITARY SEWER
A sewer which transports sewage and to which stormwater,
surface waters and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface waters and stormwaters may be inadvertently
present. The admixtures of sewage with industrial wastes, as defined
above, or other wastes also shall be considered "sewage" within the
meaning of the definition.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its municipal separate storm sewer
(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 Village of Brockport must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
B.
Section 303(d) listed waters: the condition in the Village of
Brockport's MS4 permit that applies where the Village of Brockport
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.
C.
Total maximum daily load (TMDL) strategy: the condition in the
Village of Brockport MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for
a water body or watershed into which the Village of Brockport discharges.
If the discharge from the Village of Brockport did not meet the TMDL
stormwater allocation prior to September 10, 2003, the Village of
Brockport was required to modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
D.
The condition in the Village of Brockport's MS4 Permit
that applies if a TMDL is approved in the future by the EPA for any
water body or watershed into which the Village of Brockport discharges:
Under this condition, the Village of Brockport must review the applicable
TMDL to see if it includes requirements for control of stormwater
discharges. If the Village of Brockport is not meeting the TMDL stormwater
allocations, the Village of Brockport 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.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (e.g., ditches), reservoirs and other
drainage structures.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER MANAGEMENT OFFICER (SMO)
Code Enforcement Officer, the Municipal Engineer or other
public official(s) designated by the Trustees of the Village of Brockport
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 applicable municipal boards and the Municipal Engineer
as well or designates the inspection of stormwater management practices.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act; 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERS OF THE UNITED STATES
Surface watercourse and water bodies, as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
WATERCOURSE
Waters of the United States as defined at 40 CFR 122.2.
This Illicit Discharge Ordinance shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Village of Brockport. The
article also applies to stormwater entering the sanitary sewers.
The Stormwater Management Officer (SMO) shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Village of Brockport may be delegated in writing
by the Village of Brockport to persons or entities acting in the beneficial
interest of or in the employ of the agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
not be contamination, pollution nor unauthorized discharge of pollutants.
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 Village of Brockport prior to discharge
or as a condition of a subdivision map, site plan, building permit,
certificate of occupancy, operating permit, rental permit, or development
or improvement plan (all without limitation), upon inspection of the
facility; during any enforcement proceeding or action; or for any
other reasonable cause.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in the illegal discharges of pollutants into a stormwater MS4, the
public or private storm drain system or waters of the United States,
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 appropriate emergency response agencies via emergency dispatch
services 911 and NYSDEC Region 8 Spill Response Team and/or call the
New York State Spill Hotline at 1-800-457-7362 within the time frame
established by law of the occurrence. In the event of a release of
nonhazardous materials, said person shall notify the Village of Brockport
in person or by phone, facsimile or other suitable and generally accepted
means of communication no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed
and mailed to the Village of Brockport at 49 State Street, Brockport,
New York 14420, postmarked within three business days of the date
of the in-person or phone 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 five years.
Any person receiving a notice of violation may appeal the determination
of the Village of Brockport. The notice of appeal must be received
within 30 days from the date of the notice of violation. Hearing on
the appeal before the appropriate authority or his/her designee shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or its designee shall
be final. Such administrative appeal is deemed a predicate for any
other appeal process initiated by the violator.
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 30 days of the decision of the municipal authority upholding
the decision of the Village of Brockport, its representatives and/or
employees may enter upon the subject private property with the consent
of the owner or with a valid search and/or seizure warrant and are
authorized to take any and all measures necessary to abate the violation
and/or restore the property.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs, including applicable monetary penalties and
fines. The property owner may file a written protection claim objecting
to the amount of the assessment within 15 days. If the amount due
is not paid within a timely manner as determined by the decision of
the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provision of this
article shall become liable to the Village of Brockport by reason
of such violation. The liability shall be paid in not more than 12
equal payments. Interest at the rate of 6% per annum shall be assessed
on the balance beginning on the first day following discovery of the
violation.
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 Village of Brockport may petition for a preliminary or
permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
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.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law and, upon conviction, shall be subject to a criminal penalty of
$250 per violation per day and/or imprisonment for a period of time
not to exceed 180 days.
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 Village of Brockport to
seek cumulative remedies.