[HISTORY: Adopted by the Town Board of the Town of Southport
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
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.
The New York State Department of Environmental Conservation.
A New York State licensed professional engineer or licensed
architect.
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 drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
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
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 450-6 of this article.
An activity requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
The municipal separate storm sewer system.
The Town of Southport.
A conveyance, or system of conveyances, including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
The terminus of a storm drain where the contents are released.
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.
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.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Refuse liquids or waste matter.
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.
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.
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.
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.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
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.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
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:
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.
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.
