The purpose and intent of this article is to
ensure the health, safety and general welfare of citizens, and protect
and enhance the water quality of waters of the United States and water
bodies in a manner pursuant to and consistent with the Federal Clean
Water Act (33 U.S.C. § 1251 et seq.) by:
This article shall apply to all materials, solid
or liquid, entering the storm system.
The Town of Greece shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Town of Greece may be delegated in writing
by the Town of Greece to persons or entities acting in the beneficial
interest of or in the employ of the agency.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend or imply that compliance by any person will ensure
that there will not be contamination, pollution nor unauthorized discharge
of pollutants.
A.
The Town of Greece, bearing proper credentials and
identification, shall be permitted to enter all properties for the
purposes of inspection, records examination and copying, observation,
measurements, sampling, and testing pertinent to discharge or potential
to discharge, and for repair and maintenance to the municipal separate
storm sewer system.
B.
Information and data on a nondomestic source obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction, unless the nondomestic
source specifically requests and is able to demonstrate to the satisfaction
of the Town of Greece that the release of such information would divulge
information, processes or methods of production entitled to protection
as confidential information according to the criteria set forth in
40 CFR 2.208 and 2.302, as may be amended from time to time.
(1)
When requested by the person furnishing a report,
the portions of a report which might disclose confidential information
shall not be made available for inspection by the public. Stormwater
constituents and characteristics will not be recognized as confidential
information.
(2)
Information accepted by the Town of Greece as confidential
shall be made available upon request to any agency meeting the requirements
of Section 308 of the Clean Water Act, including officers, employees
or authorized representatives of the United States concerned with
carrying out the Clean Water Act, bound by the confidentiality rules
in 40 CFR Part 2, as may be amended from time to time.
C.
While performing the necessary work on private properties referred to in Subsection A above, the Town of Greece shall observe all safety rules applicable to the premises established by the person, and the person shall be held harmless for injury or death to the authorized representative(s), and the Town of Greece shall indemnify the person against loss or damage to its property by Town of Greece employees and against liability claims and demands for personal injury or property damage asserted against the person by Town of Greece employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the person to maintain safe conditions.
D.
Unreasonable delays in allowing the Town of Greece
access to the premises or other interference with the activities of
the Town of Greece shall be a violation of this article. Access to
property and/or records of a nondomestic source may not be refused
on the basis that the Town of Greece refuses to sign any waiver, access
agreement, or similar document.
E.
If the Town of Greece has been refused access to a
building, structure or property or any part thereof, and if the Town
of Greece has demonstrated probable cause to believe that there may
be a violation of this article or that there is a need to inspect
as part of a routine inspection program of the Town of Greece to verify
compliance with this article or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then the Town of Greece will make an application to a court
of competent jurisdiction for a search and/or seizure warrant describing
therein the specific location subject to the warrant. The warrant
application shall specify what, if anything, may be searched and/or
seized on the property described. If granted by the court, such warrant
shall be served at reasonable hours by the Town of Greece in the company
of a uniformed officer of the law enforcement agency with jurisdiction
over the property. In the event of an emergency affecting public health
and safety, inspections may be made without the issuance of a warrant.
A.
Illegal discharges prohibited.
(1)
No person shall discharge or cause to be discharged into the municipal storm drain system or waters of the United States any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 176-2, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's municipal separate storm sewer system (MS4) SPDES permit authorization.
(2)
Upon notification to a person that it is engaged in
activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that it no longer causes or
contributes to violations of the municipality's MS4 SPDES permit authorization.
B.
Prohibition exceptions. The commencement, conduct
or continuance of any illegal discharge to the storm drain system
is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated and non-sediment-laden pumped groundwater,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland
flows, swimming pools (if dechlorinated, typically less than one PPM
chlorine), fire-fighting activities and any other water source not
containing pollutants. Regardless of exemption, best management practices
should be implemented to reduce impacts from the above activities.
(2)
Discharges specified in writing by the Town of Greece
as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires
a verbal notification to the Town of Greece prior to the time of the
test.
(4)
The prohibition shall not apply to any nonstormwater
discharge permitted under SPDES permit, waiver or waste discharge
order issued to the discharger and administered under the authority
of the New York State Department of Environmental Conservation, provided
that the discharger is in full compliance with all requirements of
the permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system by the Town of Greece.
C.
Illicit connections prohibited.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a pipe or line conveying sewage to
the municipal separate storm sewer system (MS4) or allows such a connection
to continue.
D.
Waste disposal prohibitions. No person shall throw,
deposit, leave, maintain, keep, or permit to be thrown, deposited,
left, or maintained, in or upon any public or private property, driveway,
parking area, street, alley, sidewalk, component of the storm drainage
system, or water of the United States, any refuse, rubbish, yard/lawn
waste, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited in streets in proper waste receptacles for the purposes
of collection are exempted from this prohibition.
E.
Prohibition against failing private sewage disposal
systems. No person shall construct or maintain any cesspool, sewage
disposal system, pipe or drain so as to expose or discharge the sewage
contents or other deleterious liquids or matter therefrom to the atmosphere
or on the ground surface or into any storm sewer or drain or as to
endanger any waters of the United States or body of water unless a
permit for such discharge shall have been issued by the Monroe County
Department of Public Health or by the State Department of Health or
the State Department of Environmental Conservation and such discharge
shall be made in accordance with the requirements thereof. Owners
or operators of private sewage disposal systems shall operate, maintain
and inspect such systems in accordance with the Monroe County Sewer
Use Law.
A.
Suspension due to illicit discharges in emergency
situations. The Town of Greece may, without prior notice, suspend
discharge access into the MS4 to a person when such a suspension is
necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment;
to the health or welfare of persons; to the storm drainage system,
including but not limited to pipes, manholes, outfall structures and
storm laterals; or the waters of the United States. If the violator
fails to comply with a suspension order, the Town of Greece may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this article may
have his/her or its MS4 access suspended or terminated if such action
would abate or reduce an illicit discharge. The Town of Greece will
notify a violator of the proposed suspension or termination of its
MS4 access. The violator may petition the Chief Engineer to reconsider
the suspension or termination of MS4 access by requesting a hearing.
C.
It shall be unlawful for any person to reinstate MS4
access to premises suspended or terminated pursuant to this section,
without the prior approval of the Town of Greece.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Town of Greece prior to discharge or as
a condition of a subdivision map, site plan, building permit, or development
or improvement plan; upon inspection of the facility; during any enforcement
proceeding or action; or for any other reasonable cause.
A.
Applicability. This section applies to all facilities
that the Town of Greece must inspect to enforce any provision of this
article, or whenever the Town of Greece has cause to believe that
there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The Town of Greece shall be permitted to enter and
inspect, at any time, facilities subject to regulation under this
article as often as may be necessary to determine compliance with
this article. If a discharger has security measures in force which
require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangements to
allow access to representatives of the Town of Greece.
(2)
Facility operators shall allow the Town of Greece
ready access to all parts of the premises for the purpose of inspection,
sampling and examination of the private storm drainage system. Persons
or facility operators must supply copies, if requested by Town of
Greece, of all records kept under the conditions of the SPDES stormwater
discharge permit. Persons or facility operators must also identify
the performance of any additional duties as defined by state and federal
law.
(3)
The Town of Greece shall have the right to place or
position on any permitted facility such devices as are necessary in
the opinion of the Town of Greece to conduct monitoring and/or sampling
of the facility's discharge to the storm sewer system.
(4)
The Town of Greece has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
as necessary and recommended by the manufacturer to ensure their accuracy.
(5)
Any temporary or permanent obstruction to the facility
which allows for unsafe access or difficulty in monitoring, inspecting
or sampling of the storm drainage system shall be promptly removed
by the discharger at the written or verbal request of the Town of
Greece and shall not be replaced. All costs associated with clearing
such access restrictions shall be borne by the discharger in full.
(6)
Unreasonable delays, as determined by the Town of
Greece, in allowing the Town of Greece access to a facility, which
is permitted under the New York State Department of Environmental
Conservation SPDES Program, for the purposes of conducting any activity
authorized or required by the permit is considered a violation of
said program and of this article.
(7)
If the Town of Greece has been refused access to any
part of the premises from which a discharge or conveyance to the storm
sewer system exists, and the Town of Greece is able to demonstrate
probable cause to believe that there may be a violation of this article,
or that there is a need to further inspect and/or sample the private
stormwater system to verify compliance with this article or any order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then the Town of Greece may seek issuance
of a search warrant from any court of competent jurisdiction.
A.
Best management practices. The Town of Greece will
adopt requirements identifying best management practices (BMPs) for
any activity, operation or facility which may cause or contribute
to pollution or contamination of stormwater, the storm drain system
or waters of the United States. The owner or operator of a commercial
or industrial establishment shall provide, at his/her or its own expense,
reasonable protection from accidental discharge of prohibited materials
or other wastes into the municipal storm drain system or waters of
the United States through the use of structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
which is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the municipal storm drainage system. Compliance with all terms
and conditions of a valid SPDES permit authorizing the discharge of
stormwater associated with industrial activity, to the maximum extent
practicable, shall be deemed compliant with the provisions of this
section. Appropriately designed structural/nonstructural BMPs shall
be included as part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the SPDES permit.
B.
Private sewage disposal systems. Where private sewage disposal systems are contributing to the Town of Greece being subject to the special conditions as defined in § 176-2 of this chapter, the owner or operator of such private sewage disposal system shall be required to maintain and operate the system as follows:
A.
No person shall alter a stormwater practice on private
or publicly owned land such that it alters the stormwater practice
from its intended use.
B.
Every person owning property through which a water
of the United States passes, or such person's lessee, shall keep and
maintain that part of the waters of the United States within the property
in a manner which prevents illicit discharges and keeps the waters
of the United States free of trash, debris, yard/lawn waste, excessive
vegetation and other obstacles that would pollute, contaminate or
significantly retard the flow of water through the waters of the United
States. In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a waters of the United States
so that such structures will not become a hazard to the use, function
or physical integrity of the waters of the United States.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation or responsible
for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting
or may result in the illegal discharge of pollutants into stormwater,
the public or private storm drain system or waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment and cleanup of any such release. In the event a release
of hazardous materials occurs, said person shall immediately notify
the NYSDEC Region 8 Spill Response Team and/or call the NYS Spill
Hotline within the time frame established by law as well as notify
the Town of Greece of the occurrence. In the event of a release of
nonhazardous materials, said person shall notify the Town of Greece
in person or by phone or facsimile no later than the next business
day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Town of Greece, postmarked within
three business days of the date of the in-person or phone notice.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least five years.
