[Ord. No. 83A, 11-21-2007]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the city 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 state ordinance. This chapter 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 chapter are:
(1)Â
To meet the requirements of the SPDES general permit for stormwater
discharges from MS4s, Permit no. GP-02-02 or as amended or revised;
(2)Â
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge non-stormwater
wastes;
(3)Â
To prohibit illicit connections, activities and discharges to the
MS4;
(4)Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
(5)Â
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.
[Ord. No. 83A, 11-21-2007]
Whenever used in this chapter, unless a different meaning is
stated in a definition applicable to only a portion of this chapter,
the following terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good house keeping 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. 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 non-stormwater discharge to the MS4, except as exempted in section 2-30-6.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
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):
The City of Utica.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by ordinance 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,
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.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their 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.
303(d) listed waters. 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.
Total maximum daily load (TMDL) strategy. The condition in the
municipality's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for
a waterbody 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 EPA for any waterbody 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.
A permit issued by the department 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(s)
designated by the city to enforce this chapter. 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.
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 waterbody 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.
[Ord. No. 83A, 11-21-2007]
This chapter shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
[Ord. No. 83A, 11-21-2007]
The stormwater management officer(s) (SMO(s)) shall administer,
implement, and enforce the provisions of this chapter. 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
municipality.
[Ord. No. 83A, 11-21-2007]
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
[Ord. No. 83A, 11-21-2007]
(a)Â
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the MS4 any materials other than stormwater
except as provided herein. The commencement, conduct or continuance
of any illegal discharge to the MS4 is prohibited except as described
as follows:
(1)Â
The following discharges are exempt from discharge prohibitions established
by this chapter, unless the department or the municipality has determined
them to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising ground water, uncontaminated
ground water infiltration to storm drains, uncontaminated pumped ground
water, 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)Â
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
ordinances 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 chapter.
(3)Â
Dye testing in compliance with applicable state and local ordinances
is an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
(4)Â
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 ordinances and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
(b)Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of
illicit connections to the MS4 is prohibited.
(2)Â
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under ordinance or practices applicable or prevailing
at the time of connection.
(3)Â
A person is considered to be in violation of this chapter if
the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
[Ord. No. 83A, 11-21-2007]
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 one which has one or more of
the following conditions:
(1)Â
The backup of sewage into a structure.
(2)Â
Discharges of treated or untreated sewage onto the ground surface.
(3)Â
A connection or connections to a separate stormwater sewer system.
(4)Â
Liquid level in the septic tank above the outlet invert.
(5)Â
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.
(6)Â
Contamination of off-site groundwater.
[Ord. No. 83A, 11-21-2007]
(b)Â
Such activities include failing individual sewage treatment systems as defined in section 2-30-7, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
(c)Â
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.
[Ord. No. 83A, 11-21-2007]
Where the SMO has identified illicit discharges as defined in section 2-30-2 or activities contaminating stormwater as defined in section 2-30-8 the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(a)Â
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through
the use of structural and nonstructural BMPs.
(b)Â
Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge as defined in section 2-30-2 or an activity contaminating stormwater as defined in section 2-30-8, may be required to implement, at said person's expense, additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(c)Â
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.
[Ord. No. 83A, 11-21-2007]
(a)Â
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)Â
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this chapter
may have their 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.
[Ord. No. 83A, 11-21-2007]
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 municipality prior to the allowing of
discharges to the MS4.
[Ord. No. 83A, 11-21-2007]
(a)Â
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this chapter, 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 chapter.
(b)Â
Access to facilities.
(1)Â
The SMO shall be permitted to enter and inspect facilities subject
to regulation under this chapter as often as may be necessary to determine
compliance with this chapter. 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)Â
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 chapter.
(3)Â
The municipality shall have the right to set up on any facility
subject to this chapter such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)Â
The municipality has the right to require the facilities subject
to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter. 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)Â
Unreasonable delays in allowing the municipality access to a
facility subject to this chapter is a violation of this chapter. A
person who is the operator of a facility subject to this chapter commits
an offense if the person denies the municipality reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this chapter.
(6)Â
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 chapter,
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 chapter or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 83A, 11-21-2007]
Notwithstanding other requirements of this chapter, 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 non-hazardous materials,
said person shall notify the municipality 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.
[Ord. No. 83A, 11-21-2007]
(a)Â
Violation. It shall be unlawful for any person to violate any provision
or fail to comply with any requirements of this chapter.
(b)Â
Notice of violation. When the municipality's SMO finds that
a person has violated a prohibition or failed to meet a requirement
of this chapter, he/she may order compliance by written notice of
violation to the responsible person or may issue an appearance ticket
charging that person with a violation of this article. Such notice
may require without limitation:
(1)Â
The elimination of illicit connections or discharges;
(2)Â
That violating discharges, practices, or operations shall cease
and desist;
(3)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)Â
The performance of monitoring, analyses, and reporting;
(5)Â
Payment of a fine; and
(6)Â
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.
(c)Â
Appeal of notice violation. Any person receiving a notice of violation
may appeal the determination of the SMO to the city 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 the discharger.
(d)Â
Corrective measures after appeal.
(1)Â
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 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.
(2)Â
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.
[Ord. No. 83A, 11-21-2007]
(a)Â
Penalties. In addition to or as an alternative to any penalty provided
herein or by ordinance, any person who violates the provisions of
this chapter shall be guilty of a violation punishable by a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
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 $350 nor more than $700, or imprisonment
for a period not to exceed six months, 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 $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both.
|
However, for the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall
be deemed misdemeanors and for such purpose only all provisions of
this chapter relating to misdemeanors shall apply to such violations.
Each week's continued violation shall constitute a separate additional
violation.
|
(b)Â
Alternative remedies.
(1)Â
Where a person has violated a provision of this chapter, he/she
may be eligible for alternative remedies in lieu of a civil penalty,
upon recommendation of the municipal attorney and concurrence of the
municipal code enforcement officer, where:
(c)Â
Violations deemed a public nuisance. 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 chapter 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.
(d)Â
Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. If a person has violated or continues to violate the provisions
of this chapter, 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.
(e)Â
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available under any application federal,
state or local ordinance, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
[Ord. No. 83A, 11-21-2007]
This article shall be known as and may be cited as the "City
of Utica Stormwater Management Regulations."
[Ord. No. 83A, 11-21-2007]
The intent of this article is as follows:
(1)Â
To meet the requirements of minimum measures 4 and 5 of the SPDES
general permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit no. GP-02-02.
(2)Â
To minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream
temperature, and streambank erosion and maintain the integrity of
stream channels;
(3)Â
To minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality; and
(4)Â
To minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
[Ord. No. 83A, 11-21-2007]
It is hereby determined that:
(1)Â
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
(2)Â
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
(3)Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
(4)Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
(5)Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
(6)Â
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
(7)Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
(8)Â
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety; and
(9)Â
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
[Ord. No. 83A, 11-21-2007]
The definitions set forth in the zoning law of the city (article
55) at article III (section 55-3) are incorporated by reference herein
for application in this article.
[Ord. No. 83A, 11-21-2007]
No application for approval of a land development activity shall
be reviewed until the appropriate board and/or department has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with and the NYS SPDES general permit for construction activities
GP-02-01 and the specifications in this article and until the SWPPP
has been reviewed and approved.
[Ord. No. 83A, 11-21-2007]
The following activities may be exempt from review under this
article:
(1)Â
Agricultural activity as defined in this chapter.
(2)Â
Logging activity undertaken pursuant to an approved timber management
plan prepared or approved by the county soil and water conservation
district or the state department of environmental conservation, except
that landing areas and log haul roads are subject to this law.
(3)Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management facility.
(4)Â
Repairs to any stormwater management practice or facility deemed
necessary by the stormwater management officer.
(5)Â
Cemetery graves.
(6)Â
Installation of fence; sign, telephone, and electric poles and other
kinds of posts or poles.
(7)Â
Emergency activity immediately necessary to protect life, property
or natural resources.
(8)Â
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
(9)Â
Landscaping and horticultural activities in connection with an existing
structure.
[Ord. No. 83A, 11-21-2007]
(a)Â
In accordance with the NYS SPDES general permit for construction
activities GP-02-01 and the specifications in this article, SWPPPs
shall provide the following background information and erosion and
sediment controls:
(1)Â
Background information about the scope of the project, including
location, type, and size of project.
(2)Â
Site map/construction drawing(s) for the project, including
a general location map at a scale no smaller than one inch equals
100 feet. At a minimum, the site map should show the total site area;
all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharges(s);
(3)Â
Description of the soil(s) present at the site;
(4)Â
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(5)Â
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(6)Â
Description of construction and waste materials expected to
be stored on-site with updates as appropriate, and a description of
controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)Â
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(8)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(9)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(10)Â
Temporary practices that will be converted to permanent control
measures;
(11)Â
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(12)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)Â
Name(s) of the receiving water(s);
(14)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)Â
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(16)Â
Any existing data that describes the stormwater runoff at the
site.
(b)Â
Land development activities meeting condition "A", "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in section 2-30-36 as applicable:
(1)Â
Condition A. Stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the department's 303(d) list of impaired waters or a total
maximum daily load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impairment.
(2)Â
Condition B. Stormwater runoff from land development activities
disturbing five or more acres.
(3)Â
Condition C. Stormwater runoff from construction activity disturbing
between one and five acres of land during the course of the project,
exclusive of the construction of single family residences and construction
activities at agricultural properties.
(c)Â
SWPPP content requirements for condition A, B and C.
(2)Â
Description of each post-construction stormwater management
practice;
(3)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(4)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(5)Â
Comparison of post-development stormwater runoff conditions
with pre development conditions;
(6)Â
Dimensions, material specifications and installation details
for each post construction stormwater management practice;
(7)Â
Maintenance schedule to ensure continuous and effective operation
of each post construction stormwater management practice.
(8)Â
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(9)Â
Inspection and maintenance agreement binding on all subsequent
landowners served by the onsite stormwater management measures in
accordance with section 20-30-37.
[Ord. No. 83A, 11-21-2007]
The SWPPP shall be prepared by a landscape architect, certified
professional or professional engineer and must be signed by a the
professional preparing the plan, who shall certify that the design
of all stormwater management practices meet the requirements in the
NYS SPDES general permit for construction activities GP-02-01 and
this chapter.
[Ord. No. 83A, 11-21-2007]
The applicant shall certify that all other applicable environmental
permits have been acquired for the land development activity prior
to making application to the city for approval of the stormwater management
plan.
[Ord. No. 83A, 11-21-2007]
(a)Â
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity:
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"I certify under penalty of law that I under stand and agree
to comply with the terms and conditions of the Stormwater Pollution
Prevention Plan. I also understand that it is unlawful for any person
to cause or contribute to a violation of water quality standards."
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(b)Â
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(c)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
(d)Â
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
[Ord. No. 83A, 11-21-2007]
All land development activities shall be subject to the following
performance and design criteria:
(1)Â
Technical standards. For the purpose of this article, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this law:
a.Â
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the Design Manual).
b.Â
New York Standards and Specifications for Erosion and Sediment Control,
(Empire State Article of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the Erosion Control Manual).
(2)Â
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the state.
[Ord. No. 83A, 11-21-2007]
(a)Â
Maintenance during construction.
(1)Â
The applicant or developer of the land development activity
shall, at all times, properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)Â
The applicant or developer or their representative shall be
on site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inches of precipitation or more. The reports shall be delivered
to stormwater management officer and also copied to the site log book.
(b)Â
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the NYS department
of environmental conservation and/or a designated representative of
the city to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the county clerk after review by the counsel for the
city and acceptance by the planning board.
(c)Â
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
law shall be operated and maintained to achieve the goals of this
law. At a minimum, proper operation and maintenance includes the following:
(1)Â
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this law.
(2)Â
Written procedures for operation and maintenance and training
new maintenance personnel.
(3)Â
Actions to insure discharges from the SMPs shall not exceed
design criteria or cause or contribute to water quality standard violations.
(d)Â
Maintenance agreements. The city shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the office of the county clerk as a deed
restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of the
appendix of this chapter entitled "Sample Stormwater Control Facility
Maintenance Agreement." The city, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this local law and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[Ord. No. 83A, 11-21-2007]
(a)Â
Inspection during construction. The city stormwater management officer
or designated agent, may choose to require such inspections as necessary
to determine compliance with the stormwater management provisions
of this law. Following any such inspection, the codes enforcement
officer and/or the city engineer may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with the requirements of this law and the stormwater pollution
prevention plan (SWPPP) as approved. So that the city may determine
the need for an inspection, the applicant shall notify the codes enforcement
officer and/or the city engineer at least 48 hours before any of the
following:
(1)Â
Start of construction;
(2)Â
Installation of sediment and erosion control measures;
(3)Â
Completion of site clearing;
(4)Â
Completion of rough grading;
(5)Â
Completion of final grading;
(6)Â
Close of the construction season;
(7)Â
Completion of final landscaping;
(8)Â
Successful establishment of landscaping in public areas.
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If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted, except for
site stabilization, until any violations are corrected and all work
previously completed has received approval by the codes enforcement
officer and/or the city engineer.
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(b)Â
"As-built" filing requirements. All applicants are required to submit
to the codes enforcement officer and/or the city engineer "as built"
plans for any stormwater management practices located on-site after
final construction is completed. The plan must show the final design
specifications for all stormwater management facilities and must be
certified by a professional engineer.
(c)Â
Inspection of stormwater facilities after project completion. Inspection
programs may be established on any reasonable basis after construction.
The city may choose to conduct: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to: reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices. Such
inspections may be performed by officials of the city or the city
may designate an inspector who will be required to have a professional
engineer's (PE) license or certified professional in erosion
and sediment control (CPESC) certificate. The designated inspector
shall be required to prepare and submit an inspection report to the
commissioner of codes and/or the city engineer.
(d)Â
Submission of monitoring reports. The city stormwater management
officer may require monitoring and reporting from entities or applicants
subject to this law as are necessary to determine compliance with
this law.
(e)Â
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Section 2-30-38.
[Ord. No. 83A, 11-21-2007]
The city may require any person undertaking land development
activities regulated by this law to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by the city or performed by a third party for the city.
[Ord. No. 83A, 11-21-2007]
(a)Â
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the city in its approval
of land development activities (see definitions), the city may require
the applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the city as the beneficiary. The security
shall be in an amount to be determined by the city based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the city, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the city. Per annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released
from liability.
(b)Â
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the city with an irrevocable letter of credit
from an approved financial institution or surety to ensure proper
operation and maintenance of all stormwater management and erosion
control facilities both during and after construction, and until the
facilities are removed from operation. If the developer or landowner
fails to properly operate and maintain stormwater management and erosion
and sediment control facilities, the city may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
(c)Â
Record keeping. The city may require entities subject to this law
to maintain records demonstrating compliance with this law.
[Ord. No. 83A, 11-21-2007]
(a)Â
Violation. It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this law.
(b)Â
Notice of violation. When a landowner, developer or applicant has
violated or failed to meet a requirement of this law, the city may
order compliance by written notice of violation to the responsible
party. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address when available or a description of the building,
structure or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to bring the
land development activity into compliance with this article and a
time schedule for the completion of such remedial action;
(5)Â
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
and
(6)Â
A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
(c)Â
Appeal of notice of violation. Any person receiving a notice of violation
may appeal the notice of violation to the commissioner of codes enforcement
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 all parties.
[Ord. No. 83A, 11-21-2007]
(a)Â
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the city may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
(b)Â
Stop work orders. The city may issue a stop work order for violations
of this law. Persons receiving a stop work order shall be required
to halt all land development activities, except those activities that
address the violations leading to the stop work order. The stop work
order shall be in effect until the city confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this chapter.
(c)Â
Violations deemed a public nuisance. 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 law 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.
(d)Â
Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
law. If a person has violated or continues to violate the provisions
of this law, the city 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.
(e)Â
Remedies not exclusive. The remedies listed in this law are not exclusive
of any other remedies available under any applicable federal, state
or ordinance and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
[Ord. No. 83A, 11-21-2007]
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, 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 $350 nor more than $700 or imprisonment for
a period not to exceed six months, 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 $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both.
However, for the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall
be deemed misdemeanors and for such purpose only all provisions of
law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
[Ord. No. 83A, 11-21-2007]
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not effect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the city hereby declares that it would have passed the ordinance
from which this chapter derives or the remainder thereof had such
invalid application or invalid provision been apparent.
