[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-27-2006 by L.L. No. 1-2006]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Village
of Pomona through the regulation of nonstormwater discharges to the
municipal separate storm sewer system (MS4) to the maximum extent
practicable as required by federal and New York State law. This article
establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with requirements of the SPDES general
permit for municipal separate storm sewer systems. The objectives
of this article 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
nonstormwater wastes;
C.
To prohibit illicit connections, activities and discharges
to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; and
E.
To promote public awareness of the hazards involved
in the improper storage and/or discharge of trash, yard waste, lawn
chemicals, pet waste, wastewater, grease, oil, petroleum products,
cleaning products, paint products, hazardous waste, sediment, snow
and ice control materials, and other pollutants into the MS4.
Whenever used in this article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have 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 and any land disturbance requiring a municipal,
New York State, or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
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 nonstormwater
discharge, including treated or untreated sewage, process wastewater,
and wash water, to enter the MS4 and any connections to the storm
drain system from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; 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 nonstormwater discharge to the MS4, except as exempted in § 114-5 of this article.
A facility, including septics, cesspools and similar facilities
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.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate stormwater sewer system.
The Village of Pomona.
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. This includes any pollutants, as well as but not limited
to trash, yard waste, or pet waste.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
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, soil and industrial, municipal
and agricultural waste and ballast discharged into water or any substance
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
and all chattel.
An employee, the Municipal Engineer or other public official(s)
designated by the Village of Pomona to enforce this article. The SMO
may also be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices and designate certain
responsibilities pursuant to this article to other employees or agents
of the municipality.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the Permit GP-02-02.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a municipality has been notified by NYSDEC that the discharge of stormwater authorized under its 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 that future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSThe 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.
TMDL (total maximum daily load) STRATEGYThe condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
MS4 permit that applies if a TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 dischargesshed into which an MS4 discharges — Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality 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.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
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 NYSDEC as
required by Section 303(d) of the Clean Water Act. 303(d) listed waters
are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a waterbody so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this article.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article 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 article.
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 in § 114-5A(1). 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 article, unless the NYSDEC or the
municipality has determined them to be contributors of pollutants
which could negatively impact water quality: water line flushing or
other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater; groundwater infiltration
to storm drains; 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/debrominated swimming
pool, spa and pond discharges; residential street, driveway, home
or deck wash water; water from fire-fighting activities; and any other
water source not containing pollutants. Such exempt discharges shall
be allowed only if uncontaminated.
(2)
Discharges approved in writing by the SMO 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 SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires a written notification
to the SMO prior to the time of the test.
(4)
Any discharge permitted under a SPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of the NYSDEC, 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. The
discharger shall be required to file a copy of said written approval
with the MS4 prior to the discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of any 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.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the municipality's MS4.
A failing individual sewage treatment system is a system which has
one or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the
ground surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.
Contamination of off-site groundwater that can reasonably
be attributed to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 114-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality'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 municipality'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 municipality's MS4 SPDES permit
authorization.
A.
Best management practices. Where the SMO has identified illicit discharges, as defined in § 114-2, or activities contaminating stormwater as defined in § 114-7, the municipality 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/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
and shall keep and maintain records and logs of the inspection and
maintenance of the BMPs and make them available for inspection by
the MS4 for a period of three years.
(2)
Any person responsible for a property which is, or may be, the source of an illicit discharge or an activity contaminating stormwater, as defined in § 114-7, 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, including the record-keeping requirements described in § 114-8A(1).
(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 section.
B.
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 114-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes (including oil and grease), laundry wastes,
and household chemicals; and
(d)
Prohibit the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(e)
Most tanks should be pumped out every two to
three years. However, pumping may be more or less frequent depending
on use. Inspection of the tank for cracks, leaks and blockages should
be done by the septage hauler at the time of pumping of the tank contents.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A and
Article IV of the Rockland County Sanitary Code.
(b)
A professional engineer licensed to practice
in New York State shall prepare design plans for any type of absorption
field that involves:
(c)
A written certificate of compliance shall be
submitted by the design professional to the municipality at the completion
of construction of the repair or replacement system. A written certificate
of approval shall be issued by the Rockland County Health Department
after inspection of the construction of the repair or replacement
system.
A.
If it is necessary for the SMO to take action, the
SMO 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 SMO shall notify the person of such suspension within a reasonable
time thereafter, in writing, of the reasons for the suspension. If
the person fails to comply with a suspension order issued in an emergency,
the SMO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons. All costs and
expenses incurred by the SMO to remedy the situation, including proper
disposal, shall be assessed to the owner of the property. If the property
owner fails to pay same, it may become a lien against the property,
subject to a hearing a minimum of 10 days prior to the imposition
of the tax lien.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have his/her MS4 access terminated if such termination
would abate or reduce an illicit discharge. The SMO will notify such
person, in writing, of the proposed termination of its MS4 access
and the reasons therefor. The person may petition the SMO for a reconsideration
and hearing. Access may be granted by the SMO if he/she finds that
the illicit discharge has ceased and the person has taken steps to
prevent its recurrence. Access may be denied if the SMO determines,
in writing, that the illicit discharge has not ceased or is likely
to recur. A person commits a violation if the person reinstates MS4
access to property terminated pursuant to this section, without the
prior approval of the SMO.
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 shall be required
by the municipality in a form acceptable to the NYSDEC prior to the
allowing of discharges to the MS4.
A.
The SMO or his/her designee shall be permitted to
enter and inspect all properties subject to regulation under this
article as often as may be necessary to determine compliance with
this article. If a person has security measures in force that require
proper identification and clearance before entry into his/her premises,
the person shall make the necessary arrangements to allow access to
the SMO.
B.
All persons shall allow the SMO ready access to all
parts of the property for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
C.
The municipality shall have the right to set up on
any property subject to this article such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the property's stormwater discharge.
D.
The municipality has the right to require the properties
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The property's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the person at its own
expense. All devices used to measure stormwater flow and quality shall
be calibrated to ensure their accuracy.
E.
Unreasonable delays in allowing the municipality access
to a property subject to this article is a violation of this article.
A person who is the operator of a property subject to this article
commits an offense if the person denies the municipality reasonable
access to the property for the purpose of conducting any activity
authorized or required by this article.
F.
If the SMO has been refused access to any part of
the property from which stormwater is discharged and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article, 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 article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a property or operation, or responsible
for emergency response for a property 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, the municipality, and the responsible
MS4 of the occurrence via emergency dispatch services. In the event
of a release of nonhazardous materials, said person shall notify the
municipality and responsible MS4 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 municipality 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.
Notice of violation. When the municipality's SMO finds
that a person has violated a prohibition or failed to meet a requirement
of this article, the SMO may order compliance by written notice of
violation by certified mail and/or posting of the property to the
responsible person. Such notice may require, without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and reimbursement of any costs and/or
expenses incurred by the municipality relating to the violation; and
(6)
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. 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.
(7)
The municipality shall also have the right to issue
an appearance ticket for said violation.
B.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, 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 $1,000 nor more than
$2,500 or imprisonment for a period not to exceed 15 days, 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 $2,500 nor more than $5,000 or imprisonment for a period
not to exceed 15 days, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed offenses. Each week's continued violation
shall constitute a separate additional offense.
Any person receiving a notice of violation may
appeal the determination of the SMO to the Village Board of Trustees
within 15 days of its issuance, which Board 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 Municipal
Clerk and mail a copy of its decision by certified mail to said person.
A.
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 SMO, then the SMO
may request the person's permission for access to the subject property
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 person.
B.
If refused access to the subject property, the SMO
may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property 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 person.
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 SMO 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.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a penalty,
upon recommendation of the Village of Pomona's Attorney and concurrence
of the SMO, where:
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 authorized
enforcement agency to seek cumulative remedies.
[Adopted 7-23-2007 by L.L. No. 8-2007]
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion or sediment transport and deposit;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality and adjoining municipalities;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety;
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and to address the findings of fact set forth in § 114-20 above. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS-4s);
B.
Require land development activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities GP-02-01;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature and streambank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable;
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution wherever possible through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
This article shall apply to all land development activities as defined in § 114-24 herein.
The following activities are exempt from the
requirements of this article:
B.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility;
C.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer:
D.
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Pomona on or before the effective
date of this article;
E.
Land development activities for which a building permit
has been approved on or before the effective date of this article:
F.
Cemetery graves;
G.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
H.
Emergency activity immediately necessary to protect
life, property or natural resources as determined by the Stormwater
Management Officer;
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that person and his/her family;
J.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents
prepared or reviewed pursuant to this article shall have the following
meanings:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Activity including clearing, grading, excavating, soil disturbance
or placement of fill that results in land disturbance of equal to
or greater than one acre (or activities disturbing less than one acre
of total land area that is part of a larger common plan of development
or sale, even though multiple separate and distinct land development
activities may take place at different times on different schedules).
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The New York State Department of Environmental Conservation.
Sediment and any other pollutant that has been identified
as a cause of impairment of any water body that will receive a discharge
from the land development activity.
A certified professional in erosion and sediment control
(CPESC), professional engineer (PE), registered landscape architect
and/or soil scientist.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
A land use activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
An employee, officer or agent designated by the municipality
to accept and review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
management practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Any permanent or intermittent natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully, or ravine, in and including any area adjacent thereto, in which
water normally flows.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
No application for approval of a land development
activity shall be reviewed until the Pomona Planning Board or the
Building Inspector, as the case may be, has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
requirements of this article. All SWPPPs shall contain the following:
A.
Background information about the scope of the project,
including location, type and size of project;
B.
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements with dimensions; areas
of proposed disturbance; areas that will not be disturbed; existing
vegetation; on-site and adjacent off-site surface water(s); wetlands
and drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of off-site material, waste or
equipment storage areas; and locations of the stormwater discharges.
The site map shall be at a scale no smaller than one inch equals 100
feet;
C.
Description of the soils present at the site;
D.
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
E.
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
F.
Description of all materials expected to be stored
on site with updates as appropriate, and a description of controls
to reduce pollutants from these materials, including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
G.
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project closeout;
H.
A site map/construction drawing(s) specifying the
location, size and length of each erosion and sediment control practice;
I.
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
J.
Temporary practices that will be converted to permanent
control measures;
K.
Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice should remain in place;
L.
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
M.
Name(s) of the receiving water(s);
N.
Delineation of SWPPP implementation responsibilities
for each part of the site;
O.
Description of structural practices designed to divert
flows from exposed soils, store flows, or otherwise limit runoff and
the discharge of pollutants from exposed areas of the site to the
degree attainable;
P.
Any existing data that describes the stormwater runoff
at the site;
Q.
A statement that all other applicable permits have
been or will be acquired for the land development activity prior to
approval of the final stormwater design plan.
A.
If a land development activity meets Condition A, B or C as hereinafter set forth, the SWPPP shall also include water quality and water quantity controls (postconstruction stormwater runoff controls) in accordance with Subsection B below:
(1)
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the NYSDEC 303(d) list of impaired waters or a
total maximum daily load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impairment;
(2)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres;
(3)
Condition C: Stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
B.
SWPPP requirements for Conditions A, B and C:
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawings showing the specific
location and size of each postconstruction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(8)
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair. Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property;
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 114-28 below;
(10)
For Condition A, the SWPPP shall be prepared
by a landscape architect, a certified professional in erosion and
sediment control (CPESC) or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meets the requirements
of this article.
C.
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards." The certification
shall include the name and title of the person providing the signature,
address and telephone number of the contracting firm; the address
or other identifying description of the site; and the date the certification
is made. The certification statements shall become part of the SWPPP
for the land development activity.
All land development activities shall be subject
to the following performance and design criteria:
A.
Stormwater management practices that are designed
and constructed in accordance with the following technical documents
shall be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereinafter referred to as the "Design Manual");
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Where stormwater managements are not in accordance with the above technical standards, the applicant or developer shall demonstrate equivalence to the technical standards set forth in Subsection A above, and the SWPPP shall be prepared by a licensed professional.
C.
Any land development activity shall not cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York (6 NYCRR Part
703.2).
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
activity or his or her representative shall at all times properly
operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)
For land development activities meeting Condition A, B or C as set forth in § 114-26A, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the Stormwater Management Officer and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices.
B.
Maintenance easements. Prior to the issuance of any
approval for a stormwater management facility, as one of the requirements,
the applicant or developer must execute a maintenance easement that
shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility for periodic inspection by the Village of Pomona to ensure
that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this article.
The easement shall be recorded by the grantor in the office of the
County Clerk after approval by the Village Attorney. This easement
shall not impose any obligation on the Village of Pomona to maintain
or repair the stormwater management facility.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, at a minimum the following:
(1)
A preventive/corrective maintenance program for all
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this article;
(2)
Written procedures for operation and maintenance and
training of maintenance personnel;
D.
Maintenance agreements. The Village of Pomona shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of this article and approved by the Village
Attorney. In lieu of a maintenance agreement, the Village of Pomona
may, in its sole discretion, accept dedication of any existing or
future stormwater management facility, provided such facility meets
all the requirements of this article and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
A.
Construction inspection.
(1)
The Village of Pomona Stormwater Management Officer
may require such inspections as necessary to determine compliance
with this article and may either approve that portion of the work
completed or notify the applicant wherein the work fails to comply
with the requirements of this article and the approved SWPPP. To obtain
inspections, the applicant shall notify the Village Code Enforcement
Officer at least 48 hours before any of the following as required
by the Stormwater Management Officer:
(a)
Start and/or resumption of construction;
(b)
Installation of sediment and erosion control
measures;
(c)
Completion of site clearing:
(d)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the construction season:
(g)
Completion of final landscaping;
(h)
Establishment of landscaping in public areas,
if any.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted except
for site stabilization until all violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
B.
Stormwater management practice inspections. The Stormwater
Management Officer is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plans shall show the
final design specifications for all stormwater management facilities
and shall be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Subject to approval of the Stormwater Management Officer,
inspection programs shall be established on any reasonable basis,
including but not limited to: routing inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
D.
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this
article as are necessary to determine compliance with this article.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Pomona the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
In order to ensure the full and faithful completion
of all land development activities related to compliance with all
conditions set forth by the Village of Pomona in its approval of the
stormwater pollution prevention plan, the Village may require the
applicant or developer to provide, prior to construction, a performance
bond, cash escrow or irrevocable letter of credit which guarantees
satisfactory completion of the project and names the Village of Pomona
as beneficiary in form subject to approval of the Village Attorney.
The security shall be in an amount to be determined by the Village
based upon submission of final design plans with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
Village provided that such period shall not be less than one year
from the date of final acceptance or such other certification that
the facility has been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Village.
B.
Where stormwater management and erosion and sediment
control facilities are to be operated and maintained by the developer
or by a corporation that owns or manages a commercial or industrial
facility, the developer, prior to construction, may, if required by
the Village of Pomona, provide the Village with an irrevocable letter
of credit from an approved financial institution or surety to guarantee
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village may draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
The Village may require entities subject to this article
to maintain records demonstrating compliance with this article.
A.
When the Stormwater Management Officer determines
that a land development activity is not being carried out in accordance
with the requirements of this article or with the SWPPP, it may issue
a written notice of violation to the landowner. The notice of violation
shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this article
and a time schedule for completion of such remedial action;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(6)
A statement that the determination of violation may
be appealed to the Board of Trustees by filing a written notice of
appeal within 15 days of service of the notice of violation.
B.
Stop-work orders. The Stormwater Management Officer
may issue a stop-work order for violation of this article. Persons
receiving a stop-work order shall be required to halt all land development
activities, except those activities that address the violations leading
to the stop-work order. The stop-work order shall be in effect until
the SMO confirms that the land development activity is in compliance
and the violation has been satisfactorily addressed. Failure to address
a stop-work order in a timely manner may result in civil or criminal
penalties or injunction in accordance with the enforcement measures
authorized in this article.
C.
Penalties.
(1)
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine
not exceeding $1,000 for conviction of a first offense: not less than
$1,000 nor more than $2,500 or imprisonment not to exceed 15 days,
or both, for conviction of a second offense within a period of five
years; not less than $2,500 nor more than $5,000 or imprisonment for
a period not to exceed 15 days, or both, upon conviction for a third
or subsequent offense committed within a period of five years. Violations
of this article shall be deemed offenses. Each week's continued violation
shall constitute a separate additional offense.
(2)
In addition to any other penalties provided for herein
or in any law, any person who violates any provision of this article
shall be liable for a civil penalty not to exceed $3,000 for each
such violation. No such penalty shall be imposed until the Board of
Trustees has held a public hearing, upon due notice, and has made
a determination that such violation has occurred and has made findings
of fact relating to said determination. The alleged violator shall
have a right to specification of the charges and to be represented
by counsel at such hearing. Each week such violation shall continue
shall be deemed a separate, distinct and additional offense. Any civil
penalty or order issued by the Board of Trustees shall be reviewable
pursuant to Article 78 of the Civil Practice Law and Rules within
30 days after filing of such penalty or order in the office of the
Village Clerk and mailing a copy thereof to the violator.
D.
Restoration. The Stormwater Management Officer may require any violator to restore land to its prior undisturbed condition. In the event that restoration is not undertaken within the time stated in the notice issued pursuant to § 114-31A, the Village may take necessary corrective action, the cost of which shall become a lien in the nature of a tax lien upon the property until paid. In addition, any fees, penalties or other costs imposed by the Village against the violator in order to obtain compliance with this article shall be assessed against the property in the nature of a tax lien until paid. No such lien shall take effect until the Board of Trustees has held a public hearing upon 10 days' notice to the violator, advising him/her that a lien will be imposed upon the affected property and the amount thereof. The violator shall have an opportunity to appear and give evidence at the public hearing and to be represented by counsel. Any person aggrieved by a decision of the Board of Trustees may appeal such decision to the New York State Supreme Court in an Article 78 proceeding pursuant to the Civil Practice Law and Rules within 30 days after such decision has been filed in the office of the Village Clerk and a copy mailed by regular mail to the violator.
No certificate of occupancy shall be issued
for any building or structure in connection with any land development
activity that is subject to this article unless the SMO has certified
that the work has been installed or conducted in compliance with this
article.
The Village of Pomona may require any person
undertaking land development activities regulated by this article
to pay the costs for review of SWPPPs, inspections, or SMP maintenance
performed by Village officers or employees or performed by a third
party for the Village. The Village shall determine the amount to be
paid by the said person into an escrow account to be held by the Village.
The costs incurred by the Village shall be reimbursed from the escrow
account. The escrow account shall be replenished by the person undertaking
the land development activity on an as-needed basis.
