[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-9-1983 by L.L. No. 2-1983 as
Ch. 152 of the 1983 Code]
A.
303(d) LIST
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
INDUSTRIAL WASTES
NATURAL OUTLET
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWER
STORM SEWER
WATERCOURSE
Definitions. As used in this article, the following
terms shall have the meanings indicated:
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. Section 303(d)-listed water 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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal.
The liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by public authority.
A sewer which carries domestic, commercial and industrial
sewage with consideration given to possible infiltration of groundwater.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments.
A pipe or conduit for carrying sewage or stormwater run off.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private
property within the Town/Village of East Rochester, or in any area
under the jurisdiction of said Town/Village, any human or animal excrement,
garbage or other objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Town/Village of East Rochester, or in any area under the
jurisdiction of said Town/Village, any sewage or other polluted waters,
except where suitable treatment has been provided in accordance with
subsequent provisions of this article.
C.
It shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool or other facility intended
or used for the disposal of sewage.
D.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purposes, situated
within the Town/Village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Town/Village, is hereby required, at his expense,
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this article, within 90 days after date of official
notice to do so.
A.
A separate and independent building sewer shall be
provided for every building.
B.
Old building sewers may be used in connection with
new buildings only when they are found, examined and accepted by the
Superintendent of Public Works to meet all requirements of this article.
C.
The size, slope, alignment and materials of construction
of a building sewer and the methods to be used in excavation, placing
of the pipe, jointing, testing and backfilling the trench shall all
conform to the requirements of the Building and Plumbing Code or other
applicable rules and regulations of the Town/Village. In the absence
of code provisions or in amplification thereof, the materials and
procedures set forth in appropriate specifications of ASTM International
and the Water Environment Federation Manual of Practice No. 9 shall
apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and shall be discharged to the building
sewer.
E.
No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains or other sources of surface
runoff or groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public sanitary sewer.
F.
The connection of the building sewer into the public
sewer shall conform to the requirements of the Building and Plumbing
Code or other applicable rules and regulations of the Town/Village.
All such connections shall be made gastight and watertight. Any deviation
from the prescribed procedures and materials must be approved by the
Superintendent of Public Works and/or the Town/Village Engineer.
G.
The applicant for the building sewer permit shall
notify the Building Inspector when the building sewer is ready for
inspection and connection to the public sewer. The connection shall
be made under the supervision of the Superintendent of Public Works
or his representative.
H.
All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Town/Village.
I.
In the event that a street cut is necessary to install
said connection, the street shall be restored to the condition it
was in before said cut. In the event of failure to so restore within
15 days after written notice by the Highway Superintendent, the Highway
Superintendent may so restore, and the cost thereof shall be charged
against the premises for which connection was sought and shall constitute
a lien thereupon.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters to any sanitary sewer.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as storm
sewers or to a natural outlet approved by the Superintendent of Public
Works and/or the Town/Village Engineer. Industrial cooling water or
unpolluted process waters may be discharged, on approval of the Superintendent
of Public Works and/or the Town/Village Engineer to a storm sewer
or a natural outlet.
C.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(2)
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the receiving waters
of the regional sewage treatment plant.
(3)
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers, such as
but not limited to ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
D.
No person shall discharge or cause to be discharged
the following described substances, materials, waters or wastes if
it appears likely in the opinion of the Superintendent of Public Works
and/or the Town/Village Engineer that such wastes can harm either
the sewers, sewage treatment process or equipment, have an adverse
effect on the receiving stream or can otherwise endanger life, limb,
public property or constitute a nuisance. In forming his opinion as
to the acceptability of these wastes, the Superintendent of Public
Works and/or the Town/Village Engineer will give consideration to
such factors as the quantities of subject wastes in relation to flows
and velocities in the sewers, materials of construction of the sewers,
nature of the sewage treatment process, capacity of the sewage treatment
plant and other pertinent factors. The substances prohibited are:
(1)
Any liquid or vapor having a temperature higher than
150° F. (65° C.).
(2)
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32° F. and 150° F.
(3)
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower (0.76 horsepower) or greater shall be subject
to the review and approval of the Building Inspector.
(4)
Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions, whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances; or wastes exerting
an excessive chlorine requirement.
(6)
Any waters or wastes containing phenols or other taste-
or odor-producing substances, in such concentrations exceeding limits
which may be established by the Superintendent of Public Works and/or
the Town/Village Engineer, as necessary, after treatment of the composite
sewage, to meet the requirements of the state, federal or other public
agencies of jurisdiction for such discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Building
Inspector in compliance with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids
(such as but not limited to fuller's earth, lime slurries and lime
residues) or of dissolved solids (such as but not limited to sodium
chloride and sodium sulfate).
(b)
Excessive discoloration (such as but not limited
to dye wastes and vegetable tanning solutions).
A.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 152-4D above, and which in the judgment of the Superintendent of Public Works and/or the Town/Village Engineer may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent of Public Works and/or the Town/Village Engineer may:
B.
If the Superintendent of Public Works and/or the Town/Village
Engineer permits the pretreatment or equalization of waste flows,
the design and installation of the plants and equipment shall be subject
to the review and approval of the Superintendent of Public Works and/or
the Town/Village Engineer, and subject to the requirements of all
applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent of Public Works and/or
the Town/Village Engineer, they are necessary for the proper handling
of liquid or other harmful ingredients, except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Superintendent
of Public Works and/or the Town/Village Engineer and shall be located
as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
at his expense.
When required by the Building Inspector, the
owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable control manhole, together with such
necessary meters and other appurtenances, in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole, when required, shall be accessibly and safely located and
shall be constructed in accordance with plans approved by the Building
Inspector. The manhole shall be installed by the owner at his expense
and shall be maintained by him so as to be safe and accessible at
all times.
All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in
this article shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association, and shall be determined
at the control manhole provided or upon suitable samples taken at
said control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building
sewer is connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works
and to determine the existence of hazards to life, limb and property.
(The particular analyses involved will determine whether a twenty-four
hour composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from twenty-four hour
composites of all outfalls, whereas pHs are determined from periodic
grab samples.)
No statement contained in §§ 152-4 through 152-9 shall be construed as preventing any special agreement or arrangement between the Town/Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town/Village for treatment, subject to payment therefor by the industrial concern.
A.
The Superintendent of Public Works or other duly authorized
employees of the Town/Village, bearing proper credentials and identification,
shall be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this article. The Superintendent of Public Works
or his representatives shall have no authority to inquire into any
processes, including metallurgical, chemical, oil, refining, ceramic,
paper or other industries, beyond that point having a direct bearing
on the kind and source of discharge to the sewers or waterways or
facilities for waste treatment.
B.
While performing the necessary work on private properties referred to in this section, the Superintendent of Public Works or duly authorized employees of the Town/Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town/Village employees, and the Town/Village shall indemnify the company against loss or damage to its property by Town/Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 152-8.
C.
The Superintendent of Public Works and other duly
authorized employees of the Town/Village, bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the Town/Village holds a duly negotiated easement for
the purposes of, but not limited to, inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage works
lying within said easement. All entry and subsequent work, if any,
on said easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property involved.
A.
Any person found to be violating any provision of
this article shall be served by the Town/Village with written notice
stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
Any person violating any of the provisions of this
article shall become liable to the Town/Village for any expense, loss
or damage occasioned the Town/Village by reason of such violation.
[Adopted 10-14-2008 by L.L. No. 5-2008]
The purpose and intent of this article is to
ensure the health, safety and general welfare of citizens and protect
and enhance the water quality of watercourses and water bodies in
a manner pursuant to and consistent with the Federal Clean Water Act
(33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater
discharges to the maximum extent practicable, prohibiting nonstormwater
discharges to the storm drain system and prohibiting stormwater discharges
to sanitary sewers.
For the purpose of this article, the following
terms shall have the meanings indicated:
Employees or designees of the Town/Village of East Rochester.
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 subject to SPDES construction permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
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 direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 152-19 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Town/Village.
Either of the following:
Any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm
drain system, including, but not limited to, any conveyances which
allow any nonstormwater discharge including sewage, process wastewater
and wash water to enter the storm drain system and any connection
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 a government agency;
Any drain or conveyance connected from a commercial
or industrial land use to the storm drain system which has not been
documented in plans, maps or equivalent records and approved by the
Town/Village; or
Any stormwater discharge to a sanitary sewer
unless approved by the Town/Village.
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
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 wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, 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 constructing a building or structure; and noxious
or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A facility 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.
A sewer which transports sewage and to which stormwater,
surface water and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage with industrial wastes as defined
above or other wastes also shall be considered "sewage" within the
meaning of this definition.
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 Town/Village must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
303(d)-listed waters: the condition in the Town/Village's
MS4 permit that applies where the Town/Village discharges to a 303(d)-listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
Total maximum daily load (TMDL) strategy: the
condition in the Town/Village's 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 Town/Village discharges.
If the discharge from the Town/Village did not meet the TMDL stormwater
allocation prior to September 10, 2003, the Town/Village 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 Town/Village's MS4 permit
that applies if a TMDL is approved in the future by EPA for any water
body or watershed into which the Town/Village discharges. Under this
condition the Town/Village must review the applicable TMDL to see
if it includes requirements for control of stormwater discharges.
If the Town/Village is not meeting the TMDL stormwater allocations,
the Town/Village must, within six months of the TMDL's approval, modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342 (b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
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 (i.e., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person 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.
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.
The Town/Village of East Rochester.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Waters of the United States as defined at 40 CFR 122.2.
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.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town/Village. This article
shall also apply to stormwater entering the sanitary sewers.
The Town/Village shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Town/Village may be delegated in writing by
the Town/Village to persons or entities acting in the beneficial interest
of or in the employ of the Town/Village, by the Mayor, with the approval
of the Town/Village Board of Trustees.
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.
A.
The Town/Village, its employee(s) and/or designated
representative(s) bearing proper credentials and identification shall
be permitted to enter all properties for the purposes of inspection,
records examination and copying, observation, measurements, sampling
and testing pertinent to discharge or potential to discharge and for
repair and maintenance to the municipal separate storm sewer system.
B.
Confidentiality of information.
(1)
Information and data on a nondomestic source obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction, unless the nondomestic
source specifically requests and is able to demonstrate to the satisfaction
of the Town/Village that the release of such information would divulge
information, processes or methods of production entitled to protection
as confidential information according to the criteria set forth in
40 CFR 2.208 and 2.302, as may be amended from time to time.
(2)
When requested by the person furnishing a report,
the portions of a report which might disclose confidential information
shall not be made available for inspection by the public. Stormwater
constituents and characteristics will not be recognized as confidential
information.
(3)
Information accepted by the Town/Village as confidential
shall be made available upon request to any agency meeting the requirements
of Section 308 of the Clean Water Act, including officers, employees
or authorized representatives of the United States concerned with
carrying out the Clean Water Act, bound by the confidentiality rules
in 40 CFR Part 2, as may be amended from time to time.
C.
While performing the necessary work on private properties referred to in Subsection A, the Town/Village shall observe all safety rules applicable to the premises established by the person, and the person shall be held harmless for injury or death to the authorized representative(s), and the Town/Village shall indemnify the person against loss or damage to its property by Town/Village employees and against liability claims and demands for personal injury or property damage asserted against the person by Town/Village employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the person to maintain safe conditions.
D.
Unreasonable delays in allowing the Town/Village access
to the premises or other interference with the activities of the Town/Village
shall be a violation of this article. Access to property and/or records
of a nondomestic source may not be refused on the basis that the Town/Village
refuses to sign any waiver, access agreement or similar document.
E.
If the Town/Village has been refused access to a building,
structure or property or any part thereof, and if the Town/Village
has demonstrated probable cause to believe that there may be a violation
of this article or that there is a need to inspect as part of a routine
inspection program of the Town/Village to verify compliance with this
article or any permit or order issued hereunder, or to protect the
overall public health, safety and welfare of the community, then the
Town/Village will make an application to a court of competent jurisdiction
for a search and/or seizure warrant describing therein the specific
location subject to the warrant. The warrant application shall specify
what, if anything, may be searched and/or seized on the property described.
If granted by the court, such warrant shall be served at reasonable
hours by the Town/Village in the company of a uniformed officer of
the law enforcement agency with jurisdiction over the property. In
the event of an emergency affecting public health and safety, inspections
may be made without the issuance of a warrant.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 152-14, improper management of animal waste or any other activity that causes or contributes to violations of the Town/Village's separate storm sewer system (MS4) SPDES permit authorization.
(2)
Upon notification to a person that it is engaged in
activities that cause or contribute to violations of the Town/Village's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that it no longer causes or
contributes to violations of the Town/Village's MS4 SPDES permit authorization.
B.
Prohibition exceptions. The commencement, conduct
or continuance of any illegal discharge to the storm drain system
is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article: 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 non-sediment-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 ppm
chlorine), fire-fighting 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.
(2)
Discharges specified in writing by the Town/Village
as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge but requires
a verbal notification to the Town/Village prior to the time of the
test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under SPDES permit, waiver or waste discharge
order issued to the discharger and administered under the authority
of the New York State Department of Environmental Conservation, 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 storm drain system by the Town/Village.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a pipe or line conveying sewage to
the municipal separate storm sewer system (MS4) or allows such a connection
to continue.
D.
Waste disposal prohibitions. No person shall throw,
deposit, leave, maintain, keep, or permit to be thrown, deposited,
left or maintained, in or upon any public or private property, driveway,
parking area, street, alley, sidewalk, component of the storm drainage
system or water 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.
Wastes deposited in streets in proper garbage receptacles for the
purposes of collection are exempt from this prohibition.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Prohibition against failing private sewage disposal
systems. No person shall construct or maintain any cesspool, 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
or on the 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 State Department
of Environmental Conservation and such discharge shall be 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 Sewer Use Law.
F.
Prohibition of stormwater discharge to sanitary sewer.
Stormwater shall not be discharged into the sanitary sewer without
written permission to do so from the Town/Village.
A.
Suspension due to illicit discharges in emergency
situations. The Town/Village may, without prior notice, suspend discharge
access into the MS4 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 storm drainage system, including but
not limited to pipes, manholes, outfall structures and storm laterals;
or the waters of the United States. If the violator fails to comply
with a suspension order, the Town/Village may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or waters of the
United States or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of
this article may have its MS4 access suspended or terminated if such
action would abate or reduce an illicit discharge. The Town/Village
will notify a violator of the proposed suspension or termination of
its MS4 access. The violator may petition the authorized enforcement
agency, or its designee, to reconsider the suspension or termination
of MS4 access by requesting a hearing.
(2)
It shall be unlawful for any person to reinstate MS4
access to premises suspended or terminated pursuant to this section
without the prior approval of the Town/Village.
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 Town/Village prior to discharge or as
a condition of a subdivision map, site plan, building permit or development
or improvement plan; 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
that the Town/Village must inspect to enforce any provision of this
article or whenever the Town/Village has cause to believe that there
exists, or potentially exists, in or upon any premises, any condition
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The Town/Village shall be permitted to enter and inspect,
at any time, facilities subject to regulation under this article as
often as may be necessary to determine compliance with this article.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Town/Village.
(2)
Facility operators shall allow the Town/Village ready
access to all parts of the premises for the purpose of inspection,
sampling and examination of the private storm drainage system. Persons
or facility operators must supply copies, if requested by the Town/Village,
of all records kept under the conditions of the SPDES stormwater discharge
permit. Persons or facility operators must also identify the performance
of any additional duties as defined by state and federal law.
(3)
The Town/Village shall have the right to place or
position on any permitted facility such devices as are necessary in
the opinion of the Town/Village to conduct monitoring and/or sampling
of the facility's discharge to the storm sewer system.
(4)
The Town/Village has the right to require the discharger
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 discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
as necessary and recommended by the manufacturer to ensure their accuracy.
(5)
Any temporary or permanent obstruction to the facility
which allows for unsafe access or difficulty in monitoring, inspecting
or sampling of the storm drainage system shall be promptly removed
by the discharger at the written or verbal request of the Town/Village
and shall not be replaced. All costs associated with clearing such
access restrictions shall be borne by the discharger in full.
(6)
Unreasonable delays, as determined by the Town/Village,
in allowing the Town/Village access to a facility, which is permitted
under the New York State Department of Environmental Conservation
SPDES Program, for the purposes of conducting any activity authorized
or required by the permit, is considered a violation of said program
and of this article.
(7)
If the Town/Village has been refused access to any
part of the premises from which a discharge or conveyance to the storm
sewer system exists and the Town/Village is able to demonstrate probable
cause to believe that there may be a violation of local law or that
there is a need to further inspect and/or sample the private stormwater
system to verify compliance with this article or any order issued
hereunder or to protect the overall public health, safety and welfare
of the community, then the Town/Village may seek issuance of a search
warrant from any court of competent jurisdiction.
A.
Best management practices. The Town/Village will adopt
requirements identifying best management practices (BMPs) for any
activity, operation or facility which may cause or contribute to pollution
or contamination of stormwater, the storm drain system or waters of
the United States. The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the municipal storm drain system or watercourses through the
use of structural and nonstructural BMPs. Further, 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 municipal storm drainage system. Compliance
with all terms and conditions of a valid SPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the maximum extent practicable, shall be deemed compliant with the
provisions of this section. Appropriately designed structural/nonstructural
BMPs shall be included as part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the
SPDES permit.
B.
Private sewage disposal systems. Where private sewage disposal systems are contributing discharge to the Town/Village subject to the special conditions as defined in § 152-14 of this article, the owner or operator of such private sewage disposal system shall be required to maintain and operate the system as follows:
A.
No person shall alter a stormwater practice on private
or publicly owned land such that it alters the stormwater practice
from its intended use.
B.
Every person owning property through which a watercourse
passes, or such person's lessee, 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 will 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 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 discharge of pollutants into stormwater,
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 NYSDEC Region 8 Spill Response Team and/or call the New York State
Spill Hotline within the time frame established by law as well as
notify the Town/Village of the occurrence. In the event of a release
of nonhazardous materials, said person shall notify the Town/Village
in person or by phone or facsimile no later than the next business
day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Town/Village, 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.
A.
Whenever the Town/Village finds that a person has
violated a prohibition or failed to meet a requirement of this article,
the Town/Village may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses and reporting.
(2)
The elimination of illicit connections or discharges.
(3)
That violating discharges, practices or operations
shall cease and desist.
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property.
(5)
Payment of a fine to cover administrative and remediation
costs.
(6)
The implementation of source control or treatment
BMPs.
B.
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 the Town/Village and/or its designated agent or contractor, designated
governmental agency or a contractor, and the expense thereof shall
be charged to the violator.
In addition to or as an alternative to any penalty
provided herein or by law, any violation of this article is punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; a second violation
of this article, committed within a period of five years, is punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, or both; and a third or subsequent
violation of this article within a period of five years is punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
Any person receiving a notice of violation may
appeal the determination of the Town/Village. The notice of appeal
must be in writing and received by the Town/Village within 10 days
from the date of the notice of violation. Hearing on the appeal before
the Town/Village Board of Trustees shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of
the Board of Trustees or its designee shall be made within 15 days
and be final.
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 days of the decision of the municipal
authority upholding the decision of the Town/Village, 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 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protection claim objecting to the amount of the assessment within
10 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 provisions of this article shall become liable to the Town/Village
by reason of such 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 Town/Village 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 lieu of enforcement proceedings, penalties
and remedies authorized by this article, the Town/Village may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
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.
A.
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. 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 guilty of a violation and subject to a penalty as set forth in § 152-27 of this article.
B.
The Town/Village may recover all attorney fees, court
costs and other expenses associated with enforcement of this article,
including sampling and monitoring expenses.
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 Town/Village
to seek cumulative remedies.
Whenever any local law, ordinance or regulation
of the Town/Village of East Rochester, County of Monroe, State of
New York or United States of America is inconsistent with this article,
whichever local law, ordinance or regulation is more stringent shall
supersede the less stringent local law, ordinance or regulation.
