[HISTORY: Adopted by the Board of Trustees of the Village of New
York Mills 5-8-2007 by L.L. No. 3-2007.
Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Village of New York Mills through the
regulation of non-stormwater discharges to the municipal separate storm sewer
system (MS4) to the maximum extent practicable as required by federal and
state law. This chapter 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 objectives
of this chapter are:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, or 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 non-stormwater
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 chapter; 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, sediment and other pollutants into the MS4.
Whenever used in this chapter, unless a different meaning is stated
in a definition applicable to only a portion of this chapter, the following
terms will have meanings set forth below:
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 requiring authorization under the SPDES Permit for Stormwater
Discharges From Construction Activity GP-02-01 as amended or revised. These
activities include construction projects resulting in land disturbance of
one or more acres. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
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 drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
Any conveyances which allow any non-stormwater 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; or
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.
Any direct or indirect non-stormwater discharge to the MS4, except as exempted in § 80-6 of this chapter.
Activities requiring the SPDES Permit for Discharges From Industrial
Activities Except Construction GP-98-03 as amended or revised.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
Any discharge to the MS4 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.
Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal, agricultural waste and ballast discharged
into water; which may cause or might reasonably be expected to cause pollution
of the waters of the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land whether improved
or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards. The condition that
applies where a municipality has been notified that the discharge of stormwater
authorized under their 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 municipality 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 municipality's MS4 permit
that applies where the MS4 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.
A permit issued by the New York State Department of Environmental
Conservation that authorizes the discharge of pollutants to waters of the
state.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
Water that is not stormwater that is contaminated with pollutants
and is or will be discarded.
This chapter shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The Codes Enforcement Officer (CEO) or his designee shall administer,
implement, and enforce the provisions of this chapter. Such powers granted
or duties imposed upon the authorized enforcement official may be delegated
in writing by the CEO as may be authorized by the Village.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or the application
thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this
chapter.
A.
Prohibition of illegal discharges. No person shall discharge
or cause to be discharged into the MS4 any materials other than stormwater
except as provided herein. The commencement, conduct or continuance of any
illegal discharge to the MS4 is prohibited, except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless the Department of Environmental Conservation
or the Village has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources, landscape irrigation or
lawn watering, existing diverted stream flows, rising ground water, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps, air conditioning
condensate, irrigation water, springs, water from individual residential car
washing, natural riparian habitat or wetland flows, dechlorinated swimming
pool discharges, residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants.
(2)
Discharges approved in writing by the CEO to protect
life or property from imminent harm or damage, provided that such approval
shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the CEO may deem
appropriate to protect such life and property while reasonably maintaining
the purpose and intent of this chapter.
(3)
Dye testing in compliance with applicable state and local
laws is an allowable discharge, but requires a verbal notification to the
CEO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the 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 MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 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 chapter
if the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
No persons shall operate a failing individual sewage treatment system.
A failing individual sewage treatment system is one which has one or more
of the following conditions:
A.
Activities that are subject to the requirements of this
chapter are those types of activities that:
B.
Such activities include failing individual sewage treatment systems as defined in § 80-7, improper management of pet waste or any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Village's
MS4 SPDES permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or contributes
to violations of the Village's MS4 SPDES permit authorization.
A.
Best management practices. Where the CEO has identified illicit discharges as defined in § 80-2 or activities contaminating stormwater as defined in § 80-8, the Village may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at his or her own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through the
use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in § 80-2 or an activity contaminating stormwater as defined in § 80-8 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.
(3)
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 compliance with the provisions
of this chapter.
A.
The CEO 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 or welfare of persons, or to the
MS4. The CEO 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 CEO may
take such steps as deemed necessary to prevent or minimize damage to the MS4
or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the Village's MS4 in violation of this chapter
may have their MS4 access terminated if such termination would abate or reduce
an illicit discharge. The CEO will notify a violator in writing of the proposed
termination of its MS4 access and the reasons therefor. The violator may petition
the CEO for a reconsideration and hearing. Access may be granted by the CEO
if he/she finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the CEO determines
in writing that the illicit discharge has not ceased or is likely to recur.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this section without the prior approval of the CEO.
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
prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the CEO must inspect to enforce any provision of this chapter, or whenever
the authorized enforcement agency has cause to believe that there exists,
or potentially exists, in or upon any premises any condition which constitutes
a violation of this chapter.
B.
Access to facilities.
(1)
The CEO shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary to determine
compliance with this chapter. 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 the
CEO.
(2)
Facility operators shall allow the CEO 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 chapter.
(3)
The Village shall have the right to set up on any facility
subject to this chapter such devices as are necessary in the opinion of the
CEO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Village has the right to require the facilities subject
to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter. 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 to ensure their
accuracy.
(5)
Unreasonable delays in allowing the Village access to
a facility subject to this chapter is a violation of this chapter. A person
who is the operator of a facility subject to this chapter commits an offense
if the person denies the Village reasonable access to the facility for the
purpose of conducting any activity authorized or required by this chapter.
(6)
If the CEO 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 chapter, 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 chapter or any
order issued hereunder, then the CEO 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 are 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 Village
in person or by telephone or facsimile no later than the next business day.
Notifications in person or by telephone shall be confirmed by written notice
addressed and mailed to the Village 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 three
years.
A.
Violation. It shall be unlawful for any person to violate
any provision or fail to comply with any requirements of this chapter.
B.
Notice of violation. When the CEO finds that a person
has violated a prohibition or failed to meet a requirement of this chapter,
he/she may order compliance by written notice of violation to the responsible
person or may issue an appearance ticket charging that person with a violation
of this chapter.
(1)
Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall
cease and desist;
(c)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment BMPs.
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.
(2)
Said notice shall further advise that, should the violator
fail to remediate or restore within the established deadline, the work will
be done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
C.
Appeal of notice violation. Any person receiving a notice
of violation may appeal the determination of the CEO to the Village of New
York Mills Board of Trustees within 15 days of its issuance, which shall hear
the appeal within 30 days after the filing of the appeal, and, within five
days of making its decision, file its decision in the office of the Village
Clerk and mail a copy of its decision by certified mail to the discharger.
D.
Corrective measures after appeal.
(1)
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 business days of the decision of the municipal authority
upholding the decision of the CEO, then the CEO shall request the owner's
permission for access to the subject private property to take any and all
measures reasonably necessary to abate the violation and/or restore the property.
(2)
If refused access to the subject private property, the
CEO may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the CEO may seek a court
order to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
A.
Penalties for offenses. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700, or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter shall
be deemed misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
Alternative remedies.
(1)
Where a person has violated a provision of this chapter,
he/she may be eligible for alternative remedies in lieu of a civil penalty,
upon recommendation of the Village Attorney and concurrence of the Municipal
Code Enforcement Officer, where:
C.
Violations deemed a public nuisance. 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 chapter 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.
D.
Injunctive relief. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements of
this chapter. If a person has violated or continues to violate the provisions
of this chapter, the CEO 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.
E.
Remedies not exclusive. The remedies listed in this chapter
are not exclusive of any other remedies available under any application federal,
state or local law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
