[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.
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.
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.
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.
SPECIAL CONDITIONS
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.
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.
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.
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.
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.
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.