Village of Baxter Estates, NY Illicit Discharges, Activities and Connections to Separate Storm Sewer System

To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, including as amended or revised;

To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process, or discharge nonstormwater wastes;

To prohibit unauthorized and illicit connections, activities, and discharges to the Village's MS4;

To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this Article VI; and

BEST MANAGEMENT PRACTICES

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.

§ 150-21 Definitions; word usage.

For the purposes of this Article VI, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory.

As used in this Article VI, the following terms shall have the meanings indicated.

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, leaks, sludge, water disposal, or drainage from raw materials storage.

BMPs

Best management practices.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY

An activity requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised, or covered by the Village's erosion and sediment control or pollution prevention plan laws, rules or regulations. 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.

COUNTY

The County of Nassau, State of New York.

DEC

The New York State Department of Environmental Conservation.

DESIGN PROFESSIONAL

A professional engineer or registered architect licensed by the state.

EPA

The federal Environmental Protection Agency.

HAZARDOUS MATERIALS

Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLICIT ACTIVITY

Any action of condition, active or passive, which results in nonstormwater entering the Village's MS4 or into an MS4 that tributaries into the Village's MS4.

ILLICIT CONNECTIONS

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Village's MS4 or into an MS4 that tributaries into the Village's MS4, including but not limited to:

Any conveyances which allow any nonstormwater discharge, including, but not limited to, 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 Village's MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency; or

Any building or other structure's floor drain or trench drain; or

MUNICIPAL SEPARATE STORM SEWER SYSTEM

Any unauthorized connection as defined elsewhere in this Article VI.

ILLICIT DISCHARGE

Any discharge through an authorized connection, and any direct or indirect nonstormwater discharge to the Village's MS4, or into an MS4 that tributaries into the Village's MS4, except as exempted in this Article VI.

INDUSTRIAL ACTIVITY

An activity requiring a SPDES permit for discharges from industrial activities, except construction, GP-98-03, including as amended or revised.

MS4

Municipal separate storm sewer system.

A conveyance or system of conveyances and retention and infiltration facilities (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is:

Owned or operated by the Village or another municipal entity;

Designed or used for collecting, conveying, storing, infiltrating and/or managing stormwater;

Which is not a combined sewer; and

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

Which is not part of a publicly owned treatment works as defined at 40 CFR 122.2.

NONSTORMWATER DISCHARGE

Any discharge to a MS4 that is not composed entirely of stormwater.

NYCRR

New York Code, Rules, and Regulations.

PERSON

Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.

POLLUTANT

The same meaning ascribed to such word in § 150-3 of this chapter.

PREMISES

Any lot, parcel of land, or portion of land, whether improved or unimproved, and all buildings and structures thereon, including adjacent sidewalks and parking strips.

SMO

The Stormwater Management Officer.

SPDES

State Pollutant Discharge Elimination System.

A DEC SPDES permit issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02

A DEC SPDES permit 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.

SPDES STORMWATER DISCHARGE PERMIT

A permit issued by DEC that authorizes the discharge of pollutants to waters of the State.

SPECIAL CONDITIONS

DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSA condition that applies when the Village has been notified that the discharge of stormwater authorized under its MS4 SPDES permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the Village must take necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

LISTED WATERSTERS — A condition in the Village's MS4 SPDES permit that applies when the MS4 discharges to a DEC 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.

TOTAL MAXIMUM DAILY LOAD STRATEGYA condition in the 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 MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Village shall be required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

STORMWATER MANAGEMENT OFFICER

A condition in the Village's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. Under such condition the Village 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 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.

STATE

The State of New York.

STORMWATER

Rainwater, surface runoff, subsurface drainage and snowmelt.

The Superintendent of Buildings, or his designee, as the designated officer of the Village to enforce this Article VI.

[Amended 3-7-2019 by L.L. No. 1-2019]

303(d) LIST

A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial) are impaired by pollutants, prepared periodically by the DEC 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.

TMDL

Total maximum daily load.

TOTAL MAXIMUM DAILY LOAD

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.

UNAUTHORIZED CONNECTION

A permanent or temporary unapproved direct or indirect conveyance to the Village's MS4. Any connection, pipe, hose, or other conveyance, whether permanent or temporary, that is not documented on plans, maps, or equivalent records signed by the Superintendent, or that is not approved by a permit issued by the Superintendent, is considered unauthorized regardless of whether the discharge is otherwise allowed by this chapter.

UNCONTAMINATED

Not having any pollutants.

VILLAGE

Village of Baxter Estates.

WASTEWATER

Water that is not stormwater, is contaminated with pollutants, and is or will be discarded.

§ 150-22 Applicability.

This Article VI of Chapter 150 of the Village Code shall apply to all discharge connections to the Village's MS4, including all activities that result in discharge, seepage or deposition into the Village's MS4, and all water entering the Village's MS4 generated on any developed and undeveloped premises unless explicitly exempted by an authorized enforcement agency and allowed by a discharge or connection permit or other document approved by the SMO. This Article VI shall also apply to discharges and connections entering any other MS4 that is tributary to the Village's MS4.

§ 150-23 Responsibility for administration.

The SMO, or the Village Clerk upon advice from the SMO, shall administer, implement, and enforce the provisions of this Article VI. All references herein to actions that may be taken by the SMO shall be deemed also to refer to actions that may be taken by the Village Clerk upon advice from the SMO.

§ 150-24 Discharge and illicit connection prohibitions.

Prohibition of illegal discharges. No person shall discharge, cause or allow to be discharged into the Village's MS4 any illicit discharge or any other materials other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the MS4 is prohibited, except as follows:

The following discharges are exempt from discharge prohibitions established by this Article VI, unless DEC or the Village at any time determines them to be substantial contributors of pollutants: water line flushing or other potable water source flushing, uncontaminated landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater from foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, uncontaminated 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.

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, rules 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 VI.

Dye testing in compliance with applicable state, county and Village regulations is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test.

Any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of DEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws, rules and regulations, and provided that written approval has been granted for any discharge to the Village's MS4 by the SMO.

Prohibition of illicit connections.

The construction, use, maintenance, and continued existence of illicit connections to the MS4 are prohibited.

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.

A person is considered to be in violation of this Article VI if the person connects a line conveying sewage to the Village's MS4, or causes or allows such a connection to continue.

No person shall or shall cause another to construct, use, maintain or continue to use or maintain any unauthorized connection to the Village's MS4.

No person shall permit, tolerate or allow any unauthorized connection from such person's premises to the Village's MS4.

§ 150-25 Prohibition against failing individual sewage treatment systems.

No person shall operate a failing individual sewage treatment system in areas tributary to the Village's MS4. An individual sewage treatment system is failing if it has one or more of the following conditions:

The backup of sewage into a structure.

Discharges of treated or untreated sewage onto the ground surface.

A connection or connections to a separate stormwater sewer system.

Liquid level in the septic tank above the outlet invert.

Contamination of off-site groundwater.

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.

§ 150-26 Prohibition against activities contaminating stormwater.

The following activities are prohibited:

Those types of activities that cause or contribute to:

(a)

A violation of the Village's MS4 SPDES permit; and/or

(b)

The Village being subject to special conditions.

Failing individual sewage treatment systems;

Improper management of pet waste; and

Any other activity that causes or contributes to a violation of the Village's MS4 SPDES permit authorization.

Upon notification to a person that such person is engaged in activities that cause or contribute to violations of the Village's MS4 SPDES permit authorization, such person shall immediately commence and continue thereafter with all due diligence to take all reasonable actions to correct such activities such that such person no longer causes or contributes to violations of the Village's MS4 SPDES permit authorization, or causes or contributes to pollutants to be discharged or deposited into the Village's MS4.

§ 150-27 Prevention, control and reduction of stormwater pollutants by use of BMPs.

Best management practices.

Where the SMO has identified illicit discharges or activities contaminating stormwater, the Village may require implementation of BMPs to control those illicit discharges and activities.

The owner, lessee or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from discharge, accidental or otherwise, of pollutants or other prohibited materials or wastes into the Village's MS4 through the use of structural and nonstructural BMPs.

Any person responsible for a property or premises which is or may be the source of an illicit discharge or an activity contaminating stormwater, 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 Village's MS4.

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.

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 Village's MS4 being subject to special conditions, the owner, lessee and operator of the premises upon which such individual sewage treatment systems is located, or which are being serviced by such individual sewage treatment system, shall be required to:

(a)

Maintain and operate individual sewage treatment systems as follows:

[1]

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.

[2]

Avoid the use of septic tank additives.

[3]

Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and

[4]

Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash, and other such items.

(b)

Repair or replace individual sewage treatment systems as follows:

[1]

In accordance with 10 NYCRR Appendix 75A, or, if applicable, the Nassau County Department of Health Manual of On-Site Sewage Disposal, as the same may be amended or superseded from time to time, to the maximum extent practicable.

[2]

A design professional shall prepare design plans for any type of absorption field that involves:

[a]

Relocating or extending an absorption area to a location not previously approved for such.

[b]

Installation of a new subsurface treatment system at the same location.

[c]

Use of alternate system or innovative system design or technology.

[3]

A written certificate of compliance shall be submitted by the design professional to the Village at the completion of construction of the repair or replacement system.

§ 150-28 Emergency situations.

Suspension of access to MS4. 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 Village's MS4. The SMO shall notify the person, in writing, within a reasonable time thereafter, as to the suspension and the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the Village may take such steps as the SMO deems necessary to prevent or minimize damage to the Village's MS4 or to minimize danger to persons or property.

Suspension due to the detection of illicit discharge. Any person discharging to the Village's MS4 in violation of this Article VI may have its MS4 access terminated if such termination would abate or reduce an illicit discharge or remediate an unauthorized connection. The SMO will notify a violator, in writing, of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if the SMO finds that the illicit discharge has ceased and the discharger 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. Any person who reinstates MS4 access to premises terminated pursuant to this subsection, without the prior approval of the SMO, shall be deemed in violation of this Article VI.

§ 150-29 Industrial or construction activity discharges.

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 SMO prior to the allowing of discharges to the Village's MS4.

§ 150-30 Connection permits.

General. Any connection to the Village's MS4 requires a permit issued by the SMO. Applications for permits shall be made on forms provided by the Village. Permit applications shall be supplemented by any plans, specifications, analyses, calculations, or other information considered pertinent by the SMO. The Village considers connection to the Village's MS4 as a last resort to solve flooding problems. Before approving a connection, the Village may require that applicants use on-site BMPs to handle stormwater and other authorized nonstormwater discharges to the maximum extent practicable. The SMO may assess the adequacy of the applicant's on-site stormwater disposal BMPs and require additional practices if he/she deems it advisable.

Permit types.

General permit. An authorization for a connection permit and the discharge of stormwater, or authorized nonstormwater, pursuant to § 150-24A of this Article VI, from properties occupied by private dwellings.

Connection permit. An authorization for a connection and a discharge, pursuant to § 150-24A of this Article VI. A connection permit may be subject to special terms and conditions by the SMO. The permit will expire on or before the expiration of the DEC SPDES permit, waiver, or order, or upon a change of ownership or use of the premises.

Permit fees. Permit fees shall be set from time to time by resolution of the Board of Trustees.

Inspection. All connections to the Village's MS4 shall be subject to the approval and inspection by the SMO. The applicant must notify the SMO at least 48 hours prior to commencing work and at least 48 hours prior to final restoration.

Indemnification.

To the fullest extent permitted by law, the owner and the applicant, if different from the owner, shall, jointly and severally, indemnify and hold harmless the Village, the Mayor, the Board of Trustees and all of the Village's other elected and appointed officials, employees, agents, representatives, and volunteers (collectively, the "indemnitees") from and against all claims, damages, losses, costs, and expenses, including, but not limited to, attorneys and expert witnesses' fees, arising out of or resulting from its installation and connection to the Village's MS4. Such obligation shall not be construed to negate, abridge, or to otherwise reduce any other right or obligation of indemnity to which such indemnitee would otherwise be subject.

Nothing in this section shall be deemed to provide indemnification which is otherwise prohibited by Article 5 of the General Obligations Law.

In any and all claims against the indemnitees by any employee of the owner or the applicant, if different from the owner, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation pursuant to this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the owner or the applicant, if different from the owner, under any workers compensation acts, disability acts, or other employee benefit acts.

Acknowledgement. The owner and the applicant, if different from the owner, in making their application, acknowledge that the Village makes no guarantee that the Village's MS4 will not become surcharged or otherwise overburdened and that water from the Village's MS4 will not back-up through the connection onto the owner's premises. By making a connection, the owner and the applicant, if different from the owner, assume all of the risk and liability to their premises that may arise from their connection to the Village's MS4.

Permit transfers. General permits may be transferred with the sale of residential premises, provided the use does not change. The new owner of the premises shall comply with the terms and conditions of the transferred permit. Special permits are not transferable without the approval of the Superintendent.

Work within Village roads. Any connection made within or involving work within a Village road must also comply with and be subject to any and all applicable laws, rules, and regulations pertaining to permits for work on and within Village roads. A permit under this Article VI shall not relieve the applicant from the obligation to obtain all necessary permits under the foregoing laws, rules, and regulations.

Other permits required. A connection permit issued pursuant to this Article VI does not relieve the applicant from obtaining any and all other applicable permits and permissions, nor from compliance with all other applicable laws, rules, and regulations.

Permit rules and regulations. The Superintendent may promulgate rules and regulations for the permitting process set forth within and subject to the constraints of this Article VI.

§ 150-31 Access and monitoring of discharges.

Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Article VI 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 Article VI.

Access to facilities.

The SMO shall be permitted to enter and inspect facilities subject to regulation under this Article VI as often as may be necessary to determine compliance with this Article VI. 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 SMO.

Facility operators shall allow the SMO 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 Article VI.

The Village shall have the right to set up on any facility subject to this Article VI such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.

The Village has the right to require the facilities subject to this Article VI to install monitoring equipment as is reasonably necessary to determine compliance with this Article VI.

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.

(6)

Unreasonable delays in allowing the Village access to a facility subject to this Article VI is a violation of this Article VI. Any person who is the operator of a facility subject to this Article VI who denies the Village reasonable access to the facility for the purpose of conducting any activity authorized or required by this Article VI shall be deemed in violation of this Article VI.

(7)

If the SMO has been refused access to any part of the premises from which stormwater is discharged, and the SMO is able to demonstrate probable cause to believe that there may be a violation of this Article VI, 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 VI or any order issued hereunder, then the Village may seek issuance of a search warrant from the Village Court or, at its option, any other court of competent jurisdiction.

§ 150-32 Notification of spills.

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 Village's MS4, said person shall take 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, and, immediately thereafter, shall notify the SMO and the Village Clerk.

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.

§ 150-33 Enforcement; penalties for offenses.

Notice of violation. When the SMO, his designee, or other designee of the Board of Trustees determines that a person has violated a prohibition or failed to meet a requirement of this Article VI, the SMO, Village Clerk or such designee may order compliance by written notice of violation to the responsible person. Such notice may require the violator, without limitation, to take any or all of the actions listed below, and/or such other action as the SMO, in his discretion, may deem appropriate:

The obtaining of any required permit;

The elimination of illicit or unauthorized connections or discharges;

The issuance of an order to cease and desist all violating discharges, practices, operations, activities or connections;

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected premises;

The performance of monitoring, analyses, and reporting;

(6)

Payment of a fine and/or restitution for the damages that have occurred as a result of the violation or failure;

(7)

The implementation of source control or treatment BMPs.

(8)

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 Village may perform or have independent contractors perform the remediation or restoration and the cost thereof shall become a lien upon the premises until paid, and if not paid, at the option of the Village, may be added to the current tax bill for the subject premises and collected in the same manner as and with the annual Village real estate taxes.

Injunctive relief. Any activity that is commenced or is conducted contrary to this Article VI may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided elsewhere herein or under other applicable law, any person who violates any provision of this Article VI of this chapter shall be guilty of a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each and every day on which any such violation or failure occurs or continues shall constitute a separate violation.

[Amended 8-6-2015 by L.L. No. 2-2015]

§ 150-34 Appeal of notice of violation.

Any person receiving a notice of violation with respect to any provision of this Article VI may appeal the determination of the SMO to the 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 business 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 appellant.

§ 150-35 Corrective measures after appeal.

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 Board of Trustees upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject premises to take any and all measures reasonably necessary to abate the violation and/or restore the property.

If refused access to the subject premises, the SMO may seek a warrant in the Village Court or, at the discretion of the SMO, in any other 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, or is reasonably likely to occur if immediate action is not taken, the SMO may either:

Direct that the remediation and/or restoration work be performed with Village personnel and/or third-party contractors and the cost thereof shall constitute a lien, charge, and levy upon the real property in, on or upon which the violation exists until it is paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer. Such charge shall include, among other things, administrative, legal, and actual expenses incurred by the Village and shall be collected in the same manner provided by law for the collection of delinquent taxes; or

Seek a court order to take any and all measures reasonably necessary to abate the violation and/or to prevent the violation from occurring, and/or to restore the premises, at the cost and expense of the discharger. In any such action, the Village shall be entitled to payment from the violator of all of the legal fees, costs and expenses, including fees of attorneys and witnesses, as may be awarded by the court. The amount thereof shall constitute a lien, charge, and levy upon the real property in, on or upon which the violation exists until it is paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer.

§ 150-36 Public nuisance and injunctive relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article VI. Any condition caused or permitted to exist in violation of any requirement of this Article VI constitutes a threat to the public health, safety and welfare, and is hereby declared and deemed a public nuisance. If a person has violated or continues to violate the provisions of this Article VI, the Village may petition for a temporary restraining order, 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.

§ 150-37 Alternative remedies.

Where a person has violated a provision of this Article VI, such person may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Attorney for the Village and concurrence of the SMO, where:

The violation was unintentional;

The violator has no history of previous violations of this Article VI;

Environmental damage was minimal;

The violator acted quickly to remedy violation; and

The violator cooperated in investigation and resolution;

Alternative remedies may consist of one or more of the following or similar environmentally related activities:

Attendance at compliance workshops.

Storm drain stenciling or storm drain marking.

River, stream, or creek cleanup activities