[Adopted 2-9-1983 by L.L. No. 2-1983 as
Ch. 152 of the 1983 Code]
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.
[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:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
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.
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.
ILLEGAL DISCHARGE
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.
ILLICIT CONNECTIONS
Either of the following:
A.
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;
B.
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
C.
Any stormwater discharge to a sanitary sewer
unless approved by the Town/Village.
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.
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 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.
PREMISES
Any building, lot, parcel of 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 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.
SANITARY SEWER
A sewer which transports sewage and to which stormwater,
surface water and groundwaters 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 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.
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 Town/Village must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
B.
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.
C.
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.
D.
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.
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 (i.e., 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 POLLUTION PREVENTION PLAN
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.
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.
WATERCOURSE
Waters of the United States as defined at 40 CFR 122.2.
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.
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.
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.
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.
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.
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.