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Town of Southport, NY
Chemung County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 307.
Stormwater management; erosion and sediment control — See Ch. 452.
Subdivision of land — See Ch. 464.
Zoning — See Ch. 525.
[Adopted 12-26-2007 by L.L. No. 3-2007 (Res. No. 211-2007)]
The purpose of this article is to provide for the health, safety and general welfare of the citizens of the Town of Southport, New York, through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable, as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with the 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, 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 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.
In accordance with § 10(1)(ii)(a)(11) of the Municipal Home Rule Law of the State of New York, the Town of Southport has the authority to enact local laws for the protection and enhancement of its physical and visual environment as well as to promote the health, safety and general welfare of the Town. Section 20 of the Town Law of the State of New York provides that the Town of Southport may include in such local law provision for the appointment of any municipal officer or employees to effectuate and administer such local law.
This article shall apply to all water and materials entering the MS4, generated on any developed and undeveloped lands, unless explicitly exempted by an authorized enforcement agency.
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 the meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPS)
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.
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. 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.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN PROFESSIONAL
A New York State licensed professional engineer or licensed architect.
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 CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
A. 
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
B. 
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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 450-6 of this article.
INDUSTRIAL ACTIVITY
An activity requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
MS4
The municipal separate storm sewer system.
MUNICIPALITY
The Town of Southport.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance, or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:
A. 
Owned or operated by the Town of Southport;
B. 
Designed or used for collecting or conveying stormwater;
C. 
Which is not a combined sewer; and
D. 
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
NYSDEC
The New York State Department of Environmental Conservation.
OUTFALL
The terminus of a storm drain where the contents are released.
PERSON
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.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal or agricultural waste and ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
SEWAGE
Refuse liquids or waste matter.
A. 
Discharge compliance with water quality standards: the condition that applies where the Town of Southport has been notified 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 Town of Southport must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d)-listed waters: the condition in the Town of Southport'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.
C. 
Total maximum daily load (TMDL) strategy: the condition in the Town of Southport's 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 MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Town of Southport was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. 
The condition in the Town of Southport's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition, the Town of Southport 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 Town of Southport 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 POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the NYSDEC that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Municipal Engineer or other public official designated by the Town of Southport to enforce this article. The SMO may also be designated by the Town of Southport to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. For purposes of this article, the Stormwater Management Officer shall be the Code Enforcement Officer for the Town of Southport.
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 use) are impaired by pollutants, prepared periodically by the Department, 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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is or will be discarded.
WATERCOURSE
Any natural or man-made swale, stream, channel, drain or culvert in which waters flow continuously or intermittently.
The Stormwater Management Officer (SMO) shall administer, implement and enforce the provisions of this article. For purposes of this article, the Stormwater Management Officer shall be the Code Enforcement Officer for the Town of Southport. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO, as may be authorized by the Town of Southport.
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 § 450-6A(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 Department or the Town of Southport has determined them to be substantial contributors of pollutants: waterline flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(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 verbal notification to the SMO prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations and provided that written approval has been granted for any discharge to the MS4.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(a) 
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.
(2) 
A person is considered to be in violation of this article if the person connects a line conveying sewage to the Town of Southport's MS4 or allows such a connection to continue.
A. 
Activities that are subject to the requirements of this section are those types of activities that:
(1) 
Cause or contribute to a violation of the Town of Southport's MS4 SPDES permit.
(2) 
Cause or contribute to the Town of Southport being subject to the special conditions, as defined in § 450-4, Definitions, of this article.
B. 
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town of Southport'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 Town's MS4 SPDES permit authorization.
A. 
Suspension due to illicit discharges in emergency situations. 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 violator 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.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the Town of Southport'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 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 he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines, in writing, that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the 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 may be required in a form acceptable to the Town of Southport prior to the allowing of discharges to the MS4.
A. 
Applicability. This section applies to all facilities that the SMO 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 SMO shall be permitted to enter and inspect 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 the SMO.
(2) 
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.
(3) 
The Town of Southport shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The Town of Southport has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Unreasonable delays in allowing the Town of Southport access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the Town of Southport reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
(6) 
If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this 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.
A. 
Best management practices. Where the SMO has identified illicit discharges, as defined in § 450-4, or activities contaminating stormwater, as defined in § 450-7, the Town of Southport 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.
(2) 
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, as defined in § 450-4, or an activity contaminating stormwater, as defined in § 450-7, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants to the MS4.
B. 
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.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In addition, such person shall notify the Town of Southport of such release of hazardous materials, in person or by telephone or facsimile, no later than the next business day. In the event of a release of nonhazardous materials, said person shall notify the Town of Southport, 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 Town of Southport, 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 Town of Southport's SMO finds that a person has violated a prohibition or failed to meet a requirement of this article, he/she may order compliance by written notice of violation 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
(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.
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 of not less than $50 but not exceeding $350 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 of 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 of 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.
C. 
Alternative penalties.
(1) 
Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the Town's Stormwater Management Officer (SMO), where the:
(a) 
Violation was unintentional;
(b) 
Violator has no history of previous violations of this article;
(c) 
Environmental damage was minimal;
(d) 
Violator acted quickly to remedy the violation;
(e) 
Violator cooperated in the investigation and resolution.
(2) 
Alternative remedies may consist of one or more of the following:
(a) 
Attendance at compliance workshops.
(b) 
Storm drain stenciling or storm drain marking.
(c) 
River, stream or creek cleanup activities.
Any person receiving a notice of violation may appeal the determination of the SMO to the Town Board 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 Town Clerk and mail a copy of its decision by certified mail to the discharger.
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 Town Board upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
B. 
If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
Within 30 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 protest objecting to the amount of the assessment within 30 days of receiving notification of the cost of the abatement. If the amount due is not paid within a timely manner, as determined by the decision of the Town Board or by the expiration of the time in which to file a protest, 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 provisions of this article shall become liable to the Town by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 9% per annum shall be assessed on the balance beginning on the 31st day following completion of the abatement. Any unpaid abatement charges shall be added to the tax bill for the subject property.
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.
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.
Approvals issued pursuant to this article do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable law, code, rule, act or ordinance.