[Amended 6-27-2022 by L.L. No. 4-2022]
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial process waters to any municipal sanitary
sewer.
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 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 the
event of a release of nonhazardous materials, said person shall notify
the Town 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 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.
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.