[Adopted 3-8-2006 by L.L.
No. 3-2006]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the unincorporated
area of the Town of Ramapo through the regulation of non-stormwater
discharges to the municipal separate storm sewer system (MS4) to the
maximum extent practicable as required by federal and New York State
law. This article establishes methods for controlling the introduction
of pollutants into the MS4 in order to comply with requirements of
the SPDES general permit for municipal separate storm sewer systems.
The objectives of this article are to:
A.
Meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02 or as amended
or revised;
B.
Regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process or discharge
non-stormwater wastes;
C.
Prohibit illicit connections, activities and discharges
to the MS4;
D.
Establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; and
E.
Promote public awareness of the hazards involved in
the improper storage and/or discharge of trash, yard waste, lawn chemicals,
pet waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control materials,
and other pollutants into the MS4.
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 meaning 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.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised, and any land disturbance requiring a municipal,
New York State, or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
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:
Conveyances which allow any non-stormwater 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 non-stormwater discharge to the MS4, except as exempted in § 218-36 of this article.
A facility including septics, cesspools and similar facilities
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.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate stormwater sewer system.
The Town of Ramapo.
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. This includes any pollutants, as well as, but not limited
to, trash, yard waste, or pet waste.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
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, soil, and industrial,
municipal or agricultural waste and ballast discharged into water
or any substance 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
and all chattel.
An employee, the Municipal Engineer or other public official(s)
designated by the Town of Ramapo to enforce this article. The SMO
may also be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices and designate certain
responsibilities pursuant to this article to other employees or agents
of the municipality.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the Permit GP-02-02.
A permit issued by the NYS DEC that authorizes the discharge
of pollutants to waters of the state.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a municipality has been notified by NYS DEC 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 municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in the municipality'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.
The condition in the municipality'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 municipality
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 municipality'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 municipality 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 municipality 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.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
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 New
York State 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.
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.
The stormwater management officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this article.
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 Subsection A(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 NYS DEC or the
municipality has determined them to be contributors of pollutants
which could negatively impact water quality: waterline flushing or
other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater; groundwater infiltration
to storm drains; 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/debrominated swimming
pool, spa and pond discharges; residential street, driveway, home
or deck wash water; water from fire-fighting activities; and any other
water source not containing pollutants. Such exempt discharges shall
be allowed only if uncontaminated.
(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 written notification
to the SMO prior to the time of the test.
(4)
Any discharge permitted under a SPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of the NYS DEC, 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. The
discharger shall be required to file a copy of said written approval
with the MS4 prior to the discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of any illicit connections to the MS4 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.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the municipality's MS4.
A failing individual sewage treatment system is a system which has
one or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the
ground surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.
Contamination of off-site groundwater that can reasonably
be attributed to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 218-37, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
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.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 218-34 or activities contaminating stormwater as defined in § 218-38, the municipality 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 its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the MS4 through the use of structural and nonstructural BMPs
and shall keep and maintain records and logs of the inspection and
maintenance of the BMPs and make available for inspection by the MS4
for a period of three years.
(2)
Any person responsible for a property which is, or may be, the source of an illicit discharge or an activity contaminating stormwater as defined in § 218-38 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of the pollutant(s) to the MS4, including the recordkeeping requirements described in Subsection A(1).
(3)
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.
B.
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 218-34 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee. Most
tanks should be pumped out every two to three years. However, pumping
may be more or less frequent depending on use. Inspection of the tank
for cracks, leaks and blockages should be done by the septage hauler
at the time of pumping of the tank contents.
(b)
Avoid the use of septic tank additives.
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes (including oil and grease), laundry wastes,
and household chemicals.
(d)
Prohibit the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems
as follows:
(b)
A professional engineer licensed to practice
in New York State shall prepare design plans for any type of absorption
field that involves:
(c)
A written certificate of compliance shall be
submitted by the design professional to the municipality at the completion
of construction of the repair or replacement system. A written certificate
of approval shall be issued by the Rockland County Health Department
after inspection of the construction of the repair or replacement
system.
A.
If it is necessary for the SMO to take action, 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
person 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. All costs and
expenses incurred by the SMO to remedy the situation, including proper
disposal, shall be assessed to the owner of the property. If the property
owner fails to pay same, it may become a lien against the property,
subject to a hearing a minimum of 10 days prior to the imposition
of the tax lien.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have his MS4 access terminated if such termination would
abate or reduce an illicit discharge. The SMO will notify such person
in writing of the proposed termination of its MS4 access and the reasons
therefor. The person 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 person 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 a violation if the person reinstates MS4 access to
property 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 shall be required
by the municipality in a form acceptable to the NYS DEC prior to the
allowing of discharges to the MS4.
A.
The SMO or his/her designee shall be permitted to
enter and inspect all properties subject to regulation under this
article as often as may be necessary to determine compliance with
this article. If a person has security measures in force that require
proper identification and clearance before entry into its premises,
the person shall make the necessary arrangements to allow access to
the SMO.
B.
All persons shall allow the SMO ready access to all
parts of the property for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
C.
The municipality shall have the right to set up on
any property subject to this article such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the property's stormwater discharge.
D.
The municipality has the right to require the properties
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The property's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the person at his own
expense. All devices used to measure stormwater flow and quality shall
be calibrated to ensure their accuracy.
E.
Unreasonable delay in allowing the municipality access
to a property subject to this article is a violation of this article.
A person who is the operator of a property subject to this article
commits an offense if the person denies the municipality reasonable
access to the property for the purpose of conducting any activity
authorized or required by this article.
F.
If the SMO has been refused access to any part of
the property 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.
Notwithstanding other requirements of law, as
soon as any person responsible for a property or operation, or responsible
for emergency response for a property 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, the municipality, and the responsible
MS4 of the occurrence via emergency dispatch services. In the event
of a release of nonhazardous materials, said person shall notify the
municipality and responsible MS4 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 municipality 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 municipality's SMO finds
that a person has violated a prohibition or failed to meet a requirement
of this article, the SMO may order compliance by written notice of
violation by certified mail and/or posting of the property to the
responsible person.
(1)
Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations
shall cease and desist;
(c)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and
reporting;
(e)
Payment of a fine and reimbursement of any costs
and/or expenses incurred by the municipality relating to the violation;
and
(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.
(3)
The municipality shall also have the right to issue
an appearance ticket for said violation.
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 not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, or both 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 not less than $1,000 nor more than
$2,500 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 $2,500 nor more than $5,000 or imprisonment for a period
not to exceed 15 days, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed offenses. Each week's continued violation
shall constitute a separate additional offense.
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 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 Municipal Clerk and mail a
copy of its decision by certified mail to said person.
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 municipal
authority upholding the decision of the SMO, then the SMO may request
the person's permission for access to the subject property 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 person.
B.
If refused access to the subject property, the SMO
may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property 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 person.
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.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a penalty,
upon recommendation of the Town Attorney and concurrence of the SMO,
where:
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.
