The purpose and intent of this article is to
ensure the health, safety and general welfare of citizens, and protect
and enhance the water quality of watercourses and water bodies in
a manner pursuant to and consistent with the Federal Clean Water Act
(33 U.S.C. § 1251 et seq.) by:
As used in this article, 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 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 subject to SPDES construction permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
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 direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 157-39 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Town of Sweden.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm
drain system, including, but not limited to, any conveyances which
allow any non-stormwater discharge including sewage, process wastewater
and wash water to enter the storm drain system and any connection
to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted
or approved by a government agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the storm drain system which has not been
documented in plans, maps or equivalent records and approved by the
Town of Sweden.
Any stormwater discharge to a sanitary sewer
unless approved by the Town of Sweden.
Activities subject to SPDES industrial permits as defined
in 40 CFR § 122.26(b)(14).
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired by-product waste resulting from any process
of industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordnances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
A sewer which transports sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground-surface and storm water as may be inadvertently present.
The admixture of sewage with industrial wastes as defined above or
other wastes also shall be considered "sewage" within the meaning
of this definition.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under its municipal separate
storm sewer (MS4) permit may have caused or has the reasonable potential
to cause or contribute to the violation of an applicable water quality
standard. Under this condition, the Town of Sweden must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
303(d) listed waters: the condition in the Town
of Sweden's MS4 permit that applies where the Town of Sweden 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.
Total maximum daily load (TMDL) strategy: the
condition in the Town of Sweden's the MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by the EPA for a water body or watershed into which the Town of Sweden
discharges. If the discharge from the Town of Sweden did not meet
the TMDL stormwater allocation prior to September 10, 2003, the Town
of Sweden was required to modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
The condition in the Town of Sweden's MS4 permit
that applies if a TMDL is approved in the future by the EPA for any
water body or watershed into which the Town of Sweden discharges.
Under this condition, the Town of Sweden must review the applicable
TMDL to see if it includes requirements for control of stormwater
discharges. If the Town of Sweden is not meeting the TMDL stormwater
allocations, the Town of Sweden 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.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342 (b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Waters of the United States as defined at 40 CFR 122.2.
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town of Sweden. The ordinance
also applies to stormwater entering the sanitary sewers.
The Town of Sweden shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Town of Sweden may be delegated in writing
by the Supervisor of the Town of Sweden 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 Sweden, 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 Sweden 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 Sweden 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, the Town of Sweden shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the authorized representative(s), and the Town of Sweden shall indemnify the company against loss or damage to its property by Town of Sweden employees and against liability claims and demands for personal injury or property damage asserted against the company by Town of Sweden employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
D.
Unreasonable delays in allowing the Town of Sweden
access to the premises or other interference with the activities of
the Town of Sweden 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 Sweden refuses to sign any waiver, access
agreement, or similar document.
E.
If the Town of Sweden has been refused access to a
building, structure or property or any part thereof, and if the Town
of Sweden 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 Sweden 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 Sweden 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 Sweden 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.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses 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 § 157-34, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
(2)
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.
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 Sweden
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 Sweden prior to the time of the
test.
(4)
The prohibition shall not apply to any non-stormwater
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 Sweden.
C.
Prohibition of illicit connections.
(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 U.S., 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 so as
to endanger any watercourse or body of water unless a permit for such
discharge shall have been issued therefor by the Monroe County Department
of 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 Sanitary Code.
F.
Prohibition of stormwater discharge to sanitary sewer.
Stormwater shall not be discharged into the sanitary sewer without
written permission to do so from the Town of Sweden.
A.
Suspension due to illicit discharges in emergency
situations. The Town of Sweden 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 Sweden 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 or her MS4 access suspended or terminated if such action
would abate or reduce an illicit discharge. The Town of Sweden will
notify a violator of the proposed suspension or termination of its
MS4 access. The violator may petition the Town of Sweden to reconsider
the suspension or termination of MS4 access by written request for
a hearing before the Sweden Town Board.
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 Sweden.
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 Sweden 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 Sweden must inspect to enforce any provision of this
article, 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.
B.
Access to facilities.
(1)
The Town of Sweden 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 Sweden.
(2)
Facility operators shall allow the Town of Sweden
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 the Town
of Sweden, 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 Sweden shall have the right to place or
position on any permitted facility such devices as are necessary in
the opinion of the Town of Sweden to conduct monitoring and/or sampling
of the facility's discharge to the storm sewer system.
(4)
The Town of Sweden 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
Sweden 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
Sweden, in allowing the Town of Sweden 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 Sweden 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 Sweden 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 Sweden may seek issuance
of a search warrant from any court of competent jurisdiction.
A.
Best management practices. The Town of Sweden 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 its own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses 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 separate storm sewer
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 individual sewage treatment systems are contributing to the Town of Sweden being subject to the special conditions as defined in § 157-34 of this article, the owner or operator of such individual sewage treatment 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 watercourse
passes, or such person's lessee, shall keep and maintain that part
of the watercourse within the property in a manner which prevents
illicit discharges, and keeps the watercourse 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 watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function
or physical integrity of the watercourse.
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 is resulting
or may result in the illegal discharges 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 at 1-800-457-7362 within the time frame established by law
as well as notify the Town of Sweden of the occurrence. In the event
of a release of nonhazardous materials, said person shall notify the
Town of Sweden 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 Sweden at 18
State Street, Brockport, NY 14420, 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.
A.
Enforcement.
(1)
Whenever the Town of Sweden finds that a person has
violated a prohibition or failed to meet a requirement of this article,
the Town of Sweden may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(a)
The performance of monitoring, analyses and
reporting.
(b)
The elimination of illicit connection or discharges.
(c)
That violating discharges, practices or operations
shall cease and desist.
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property.
(e)
Payment of a fine to cover administrative and
remediation costs.
(f)
The implementation of source control or treatment
BMPs.
(2)
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.
B.
Penalties. Failure to comply with any provision or
requirement of this article, or any statement, plan, application,
approval, permit or certification provided pursuant to the provisions
of this article, shall be deemed a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed 15 days,
or both, for conviction of a first offense; for a conviction of a
second offense, both of which were committed within a period of five
years, punishable by a fine not less than $350 nor more than $700
or imprisonment for a period not to exceed 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
$700 nor more than $1,000 or imprisonment for a period not to exceed
15 days, or both. Each week's continued violation shall constitute
a separate additional violation.
Any person receiving a notice of violation may
appeal the determination to the Town of Sweden. The notice of appeal
must be received within three business days from the date of the notice
of violation. Hearing on the appeal before the appropriate authority
or his/her designee shall take place within 15 days from the date
of receipt of the notice of appeal. The decision of the municipal
authority or his or her designee shall be final.
If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation, or, in the
event of an appeal, within three business days of the decision of
the municipal authority upholding the decision of the Town of Sweden,
its representatives and/or employees may enter upon the subject private
property with the consent of the owner or with a valid search and/or
seizure warrant, and are authorized to take any and all measures necessary
to abate the violation and/or restore the property.
Within five business days after abatement of
the violation, the owner of the property will be notified of the cost
of abatement, including administrative costs. The property owner may
file a written protection claim objecting to the amount of the assessment
within three business days. If the amount due is not paid within a
timely manner as determined by the decision of the municipal authority
or by the expiration of the time in which to file an appeal, the charges
shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment. Any person
violating any of the provision of this article shall become liable
to the Town of Sweden by reason of such violation. The liability shall
be paid in not more than 12 equal payments. Interest at the prevailing
legal rate shall be assessed on the balance beginning on the first
day following discovery of the violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the Town of Sweden may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties
and remedies authorized by this article, the Town of Sweden may impose
alternative compensatory actions upon a violator, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate enjoin or otherwise compel the cessation
of such nuisance may be taken.
A.
Any person who has violated or continues to violate
this article shall be liable to criminal prosecution to the fullest
extent of the law.
B.
The Town of Sweden may recover all attorney fees,
court costs and other expenses associated with enforcement of this
article, including sampling and monitoring expenses.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the Town of
Sweden to seek cumulative remedies.
