[HISTORY: Adopted by the County Legislature of the County
of Ulster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-12-2007 by L.L. No. 18-2007]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the County of Ulster through
the regulation of stormwater and nonstormwater discharges, as regulated
hereunder, 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 for the County of Ulster to comply with requirements
of the SPDES general permit for municipal separate storm sewer systems.
A.
Among the several purposes of this article are the following:
(1)
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)
To regulate the contribution of pollutants to the MS4;
(3)
To prohibit illicit connections, activities and discharges to the
MS4;
(4)
To establish legal authority to carry out all inspection, monitoring
and enforcement procedures necessary to ensure compliance with this
article; and
(5)
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.
B.
Based upon the record had before this Legislature, the following
findings are made in consideration of this article:
(1)
This Legislature finds and determines that the regulation of nonstormwater
discharges to the County-owned municipal separate storm sewer system,
to the maximum extent practicable, is essential to protect the health,
safety and general welfare of the citizens of Ulster County.
(2)
This Legislature further finds and determines that controlling the
introduction of polluted stormwater and nonstormwater pollutants into
the County-owned municipal separate storm sewer system is critical
in order to comply with requirements of the state Pollution Discharge
Elimination System General Permit No. GP-02-02 for municipal separate
storm sewer systems.
(3)
In addition to the enforcement processes and penalties provided herein,
any condition caused or permitted to exist in violation of any of
the provisions of this article which is deemed to be an imminent threat
to public health, safety, and/or welfare may further be 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 violation and/or nuisance may be taken in accordance
with the procedures set forth within this article.
(4)
This article shall apply to all MS4 designated areas situate within
the County of Ulster.
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 be defined and shall have meanings set forth
below:
Any stormwater runoff from farm operations and other nonpoint
source agriculture and agricultural uses, but not discharges from
concentrated animal feeding operations as defined in 40 CFR 122.23
or discharges from concentrated aquatic animal production facilities
as defined in 40 CFR 122.24.
All agricultural operations and activities related to a farm
operation, as such term is defined in § 301, Subdivision
11, of the Agriculture and Markets Law (AML) or governed by the AML
of the State of New York and the guidelines and opinions issued by
the New York State Commissioner of Agriculture and Markets to the
extent that such practices are consistent with 6 NYCRR 663.2 and not
excluded thereby.
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.
Best management practices 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 and
GP-02-02, as amended or revised. These activities include construction
projects resulting in land disturbance of one or more acres unless
otherwise excluded from regulation under GP-02-01 and/or GP-02-02.
Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, manholes,
gutters, ditches, man-made channels, or storm drains) owned or operated
by the County of Ulster which includes roads, infrastructure and facilities
designed or used for collecting or conveying stormwater that is not
a combined sewer and which is not part of a publicly owned treatment
works (POTW) as defined at 40 CFR 122.2. A copy of a listing of County-owned
roads and properties shall be included herein as Exhibit A[1] and a copy shall be kept on file with the Clerk of the
Ulster County Legislature. Said listing shall include any and all
new roadways and County-owned properties as required under the MS4
regulations.
The New York State Department of Environmental Conservation.
The Ulster County Department of Public Works is the County
department of which the Stormwater Management Office forms a part
in accordance with the provisions of this article.
Any addition or introduction of any pollutant, stormwater,
or any other regulated substance whatsoever into the municipal separate
storm sewer system (MS4) or into waters of the United States.
Any person, as defined herein, who causes, allows, permits,
or is otherwise responsible for a discharge into a municipal storm
sewer.
The Environmental Protection Agency of the United States
of America.
Any lands and appurtenances, including but not limited to
construction sites, required by the Federal Clean Water Act to have
a permit to discharge stormwater associated with industrial activity
and/or any other regulated activity.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise. Such farm operation may consist of one
or more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each other. (See § 301, Subdivision
11, of the Agriculture and Markets Law and the definition herein contained
for "agriculture.")
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 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 County-owned municipal
separate storm sewer system, including but not limited to:
Any conveyances as regulated under this article which allow
any nonstormwater discharge, including treated or untreated sewage,
process wastewater, and wash water, to enter the County-owned municipal
separate storm sewer system 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 County-owned municipal separate storm sewer system
that has not been documented in plans, maps, or equivalent records
and lawfully approved by an authorized enforcement agency.
Any direct or indirect regulated nonstormwater discharge to the County-owned municipal separate storm sewer system, except as exempted in § 308-6 of this article.
A County of Ulster appeals board consisting of, at minimum, one representative of each of the following departments and which representatives shall be appointed by the department heads of each of the departments so designated: the Department of the Environment, the Department of Health and the Planning Department. Said Board shall follow the procedures set forth within § 308-15 of this article.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
The County of Ulster.
The system of conveyances (including but not limited to sidewalks,
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) owned and/or
operated and/or maintained by the County and designed or used for
collecting or conveying stormwater.
Any source of any discharge that is not a point source.
Any discharge to the County-owned municipal separate storm
sewer system that is not composed entirely of stormwater.
The party or parties that either individually or taken together
meet the following two criteria:
Any individual, association, organization, partnership, firm,
company, corporation, trust, estate, governmental entity (including
the County of Ulster), or other entity recognized by law and acting
as either the owner or as the owner's agent. This term shall
also include owners, operators, dischargers and all other entities
as set forth within this article.
Any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
fissure, container, concentrated animal feeding operation, landfill
leachate collection system, vessel or other floating craft from which
pollutants are or may be discharged and as regulated under this article
and/or the Clean Water Act.
Includes, but is not limited to, dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, filter backwash,
munitions, hazardous waste, chemical wastes, biological materials,
toxic materials, radioactive materials, wrecked or discarded equipment,
rock, sand, cellar dirt, and industrial, municipal, recreational,
regulated, and agricultural waste and other regulated wastes discharged
into the municipal separate storm sewer system which may cause or
might reasonably be expected to cause pollution of the waters of the
state in contravention of the standards set forth within this article
and the Clean Water Act (33 U.S.C. § 1251 et seq.).
Any building, structure, lot, parcel of land, or portion
of land, whether improved or unimproved, including adjacent sidewalks,
parking strips, roadways and other appurtenances.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
of illicit discharges into surface water, groundwater, subsurface
soils, surface soils and/or by any other direct or indirect discharge
which is made to the municipal separate stormwater sewer system (MS4),
the waters of New York State and/or the waters of the United States.
The condition in the County-owned municipal separate storm
sewer system permit that applies if a TMDL is approved in the future
by EPA for any water body or watershed into which a County-owned municipal
separate storm sewer system 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 take all necessary actions to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
The condition in the County-owned municipal separate storm
sewer system permit that applies where the County-owned municipal
separate storm sewer system discharges to a 303(d) listed water. Under
this condition the County stormwater management program must ensure
no increase of the listed pollutant of concern to the 303(d) listed
water.
The condition that applies where a municipality has been
notified pursuant to this article that the discharge of stormwater
authorized under its County-owned municipal separate storm sewer system
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.
The condition in the County-owned municipal separate storm
sewer system permit where a TMDL, including requirements for control
of stormwater discharges, has been approved by EPA for a water body
or watershed into which the County-owned municipal separate storm
sewer system discharges.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The County office that is responsible for administering,
enforcing and promulgating regulations and fees pursuant to this article.
Upon adoption of this article, said office shall be designated by
the County Legislature as being a part of and organized as a division
of and under the County of Ulster Department of Public Works, and
the Stormwater Management Officer shall be appointed by the department
head of the Ulster County Department of Public Works. Budgetary, employment
and other customary administrative procedures associated with the
Stormwater Management Office shall be the responsibility of the Ulster
County Department of Public Works.
A person, persons, or other public official(s) designated
by the Stormwater Management Office to monitor activities, inspect
areas and enforce this article. The Stormwater Management Officer
may also be designated to accept, review, and inspect stormwater pollution
prevention plans, among his/her other responsibilities.
A plan required by a SPDES permit to discharge stormwater
associated with regulated activities, including but not limited to
industrial activities and construction, and which describes and provides
for pollutants in stormwater discharges associated with regulated
activities.
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.[2] 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.
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.
Any water that is not stormwater, is contaminated with pollutants
and is or will be discarded. This term shall not include stormwater
which is not contaminated by pollutants.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[2]
Editor's Note: See 33 U.S.C. § 1313(d).
This article shall apply to all water entering the County-owned
municipal separate storm sewer system within MS4 designated areas
as generated on any developed and undeveloped lands unless explicitly
exempted hereunder or unless explicitly exempted by the Department
acting as the authorized enforcement agency.
The Stormwater Management Officer (SMO) shall administer, implement,
and enforce the provisions of this article. Such powers granted or
duties imposed upon and granted to the authorized enforcement official
may be delegated in writing by the Stormwater Management Officer as
may be authorized by the Stormwater Management Office. Such written
delegation shall be kept and maintained within the Stormwater Management
Officer's files, and copies shall further be provided by the
Stormwater Management Officer to the County Attorney. The Stormwater
Management Office shall possess the authority to promulgate rules
and regulations as necessary to administer, enforce and forward this
article and its purposes, including but not limited to the institution
and use of permits, forms, fees and other regulatory mechanisms to
advance the purposes of this article.
No person shall discharge or cause to be discharged into the County-owned municipal separate storm sewer system any materials other than lawful discharges of stormwater, except as provided in § 308-6. The commencement, conduct or continuance of any illegal discharge to the County-owned municipal separate storm sewer system is prohibited except as described in § 308-6.
A.
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the County has, pursuant
to law, officially determined such discharges to be substantial contributors
of pollutants:
(1)
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, agricultural stormwater
runoff from lawful agricultural practices and any other water source
not containing pollutants. In no event shall this article be read
to create, permit or authorize agriculture discharge exemptions beyond
those which are in effect pursuant to the Clean Water Act.
(2)
Discharges
approved in writing by the Stormwater Management Officer 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 Stormwater Management Officer 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.
(4)
Activities
and uses essential to ensure emergency police, fire, and rescue functions
and emergency response undertaken by either the County or by a nonprofit
organization authorized by contract with the County to provide these
public services; essential activities to promote public health, safety,
and well-being of persons and property therein and to implement orders
and regulations of the Ulster County Department of Health, the Ulster
County Emergency Management Agency and/or the New York State Department
of Health with notification to the County Stormwater Management Officer;
and any actual and ongoing emergency activity which directly addresses
an imminent threat to life, property or structures of any kind. Such
emergency activities may include, but are not limited to, fire suppression
operations, preventative or remedial activities related to mitigation,
cleanup, or control of stormwater and/or the contamination or threatened
contamination of groundwater and/or surface water, response to imminent
floods, hurricanes and all other storms that follow established emergency
response plans, firefighting and public health emergencies.
B.
The prohibition shall not apply to any discharge permitted under
a 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 County-owned municipal separate storm sewer system. A lawfully
issued SPDES permit shall constitute compliance with this subsection
in all manner and respects, provided that the person and/or discharger
to which the permit is issued is fully compliant therewith.
The construction, use, maintenance or continued existence of
illicit connections to the County-owned municipal separate storm sewer
system is prohibited. This prohibition expressly includes, without
limitation, connections made in the past, regardless of whether the
connection was permissible under law and whether all lawful approvals
were granted and/or regardless of whether the connection was previously
unregulated pursuant to practices applicable or prevailing at the
time of connection. A person is considered to be in violation of this
article if the person illegally connects a line conveying sewage to
the County-owned municipal separate storm sewer system or allows such
an illegal connection to continue.
A.
Activities are prohibited that cause or contribute to a violation of the County-owned municipal separate storm sewer system MS4 SPDES permit or cause or contribute to the County being subject to the special conditions as defined in § 308-2 of this article.
B.
Upon written notification to a person that he is engaged in activities
that cause or contribute to violations of the County-owned municipal
separate storm sewer system SPDES permit authorization, that person
shall, upon receipt of such notice, immediately take all reasonable
actions to correct such activities such that he no longer causes or
contributes to violations of the County's MS4 SPDES permit authorization.
A.
Where the Stormwater Management Officer has identified illicit discharges as defined in § 308-2 or by way of activities contaminating stormwater as defined in § 308-8, the County may, among other remedies as set forth within this article, require the implementation of best management practices (BMPs) to control those illicit discharges and activities.
B.
The owner or operator of a commercial or industrial establishment
shall provide, at his own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the County-owned
municipal separate storm sewer system through the use of structural
and nonstructural BMPs.
C.
Any owner, discharger or operator or other person responsible for a property or premises which is or may be the source of an illicit discharge as defined in § 308-2 or an activity contaminating stormwater as defined in this article may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the County-owned municipal separate storm sewer system.
D.
Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
and/or other regulated activities shall be deemed compliance with
the provisions of this section.
A.
Imminent danger. The Stormwater Management Officer may, without prior
notice, suspend County-owned municipal separate storm sewer system
discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge which presents or may present
imminent and/or substantial danger to the environment, to the health
or welfare of persons, or to the County-owned municipal separate storm
sewer system. The Stormwater Management Officer 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 Stormwater Management
Officer may take such steps as deemed necessary to prevent or minimize
damage to the County-owned municipal separate storm sewer system or
to minimize and abate any and all danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the County-owned municipal separate storm sewer system
in violation of this article may have its County-owned municipal separate
storm sewer system access terminated if such termination would abate
or reduce an illicit discharge. The Stormwater Management Officer
will notify an alleged violator in writing of the proposed termination
of its County-owned municipal separate storm sewer system access and
the reasons therefor. Within 15 days of the issuance of such notice,
the alleged violator may petition the Stormwater Management Officer
for a reconsideration and hearing. Access to the MS4 may be granted
by the Stormwater Management Officer if he/she finds that the illicit
discharge has ceased and the discharger has taken steps to prevent
its recurrence. Access to the MS4 may be denied if the Stormwater
Management Officer determines in writing that the illicit discharge
has not ceased or is likely to recur. A person commits an offense
if the person reinstates County-owned municipal separate storm sewer
system access to premises terminated pursuant to this section without
the prior approval of the Stormwater Management Officer or a court
of competent jurisdiction.
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 reasonably acceptable to the Stormwater Management Officer
prior to the allowing of discharges to the County-owned municipal
separate storm sewer system. Upon such proof being provided, the Stormwater
Management Officer shall render his/her determination as to acceptability
and shall provide the person with a written confirmation of such determination.
A.
Applicability. This section applies to all facilities that the Stormwater
Management Officer must inspect to enforce any provision of this article
or whenever the authorized enforcement agency has probable cause to
believe that there exists, or potentially exists, in or upon any premises,
any condition that constitutes a violation of this article.
B.
Access to facilities. Upon compliance with the requirements of this
article, the Stormwater Management Officer 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 reasonable and necessary arrangements to allow access
to the Stormwater Management Officer.
(1)
Facility operators shall allow the Stormwater Management Officer
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.
(2)
Unreasonable delay in allowing the County access to a facility subject
to this article is a violation of this article. A person who is the
operator or owner or discharger of a facility subject to this article
commits an offense if the person denies the Stormwater Management
Officer reasonable access to the facility for the purpose of conducting
any activity authorized or required by this article.
(3)
If the Stormwater Management Officer 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 such inspection and sampling program designed to
verify compliance with this article or any order issued hereunder,
then the Stormwater Management Officer may seek issuance of a search
warrant from any court of competent jurisdiction.
C.
Monitoring. Following any adjudicated violation of this article,
the County shall have the right to set up on any facility subject
to this article such devices as are necessary in the reasonable determination
of the Stormwater Management Officer to conduct monitoring and/or
sampling of the facility's stormwater discharge. In connection
therewith, the County 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 or the owner at its
own expense. All devices used to measure stormwater flow and quality
shall be properly calibrated to ensure their accuracy, and proof of
such calibration shall be furnished to the Stormwater Management Officer
following request therefor.
Notwithstanding any 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 illicit discharges or pollutants discharging into the
County-owned municipal separate storm sewer system, said person shall
take such 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 and/or
the County Stormwater Management Officer. In the event of a release
of nonhazardous materials, said person shall notify the County Stormwater
Management Officer 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 County
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 promptly provided to the Stormwater
Management Officer and such records shall be retained on site for
at least five years.
A.
When the County's Stormwater Management Officer determines 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 owner and the discharger, if different than the owner,
as the alleged responsible person. Such notice and/or subsequent enforcement
remedies 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 and/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/or recoupment of all quantified County expenditures
as necessary to abate the violation;
(6)
The implementation of source control or treatment BMPs; and
(7)
Order that all permits, approvals and/or authorizations be obtained,
if lawfully permitted by statute, for any continuing discharges, practices
and/or operations.
B.
If abatement
of a violation and/or restoration of affected property is ultimately
required, written confirmation 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 may be undertaken and completed
by a designated County governmental agency or a County-retained contractor
and all expenses thereof shall be charged to the discharger and/or
the owner as the violator.
C.
Prior notice shall not be required in the event that the Stormwater
Management Officer reasonably determines that an imminent threat to
life may exist as a result of the violation of this article.
A.
Procedure. Any person receiving a notice of violation may appeal
the determination of the Stormwater Management Officer within 15 days
of its issuance. Said appeal shall be filed with the Stormwater Management
Officer, who shall transmit his original findings and the appeal to
the Illicit Discharge Board of Appeals, which shall consist of one
representative of each of the following County departments: the Department
of the Environment, the Department of Health and the Planning Department.
Such Board members shall be appointed by the department heads of each
of the foregoing agencies. The Illicit Discharge Board of Appeals
shall hear the appeal within 30 days after the filing of the appeal
and, within five days of making its written decision, file its decision
in the office of the County Clerk and mail a copy of its decision
by certified mail to the discharger.
B.
Relief. Persons who may be individually, jointly or severally aggrieved
by any determination made by the Stormwater Management Officer and/or
the Appeals Board may apply to the Supreme Court of the State of New
York for review of such decision under Article 78 of the Civil Practice
Laws and Rules of the State of New York.
A.
If an appeal under this article has been pursued and the violation
has not been corrected pursuant to the requirements set forth in the
notice of violation which has been administratively adjudicated under
this article, then within five business days of the decision of the
County authority upholding the decision of the Stormwater Management
Officer, the Stormwater Management Officer 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 Stormwater Management Officer may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property and make any and all determinations which are authorized pursuant to this article. Upon determination that a violation has occurred and/or is continuing, the Stormwater Management Officer 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 as set forth within § 308-14.
A.
Administrative sanctions. Any person who violates the provisions
of this article, including any provision of any authorization issued,
any condition set or fee required pursuant to this article, shall
be liable to the County of Ulster for a civil penalty of not more
than $3,000 for every such violation. Each consecutive day of the
violation will be considered a separate offense. Such civil penalty
may be recovered in any action brought by the County at the request
and in the name of the County in any court of competent jurisdiction.
Such civil penalty may be released or compromised by action of the
County, and any action commenced to recover the same may be settled
and discontinued by the County. Any such penalty of the County shall
be enforceable in an action brought in any court of competent jurisdiction.
Any civil penalty or order issued by the County pursuant to the criteria
set forth herein shall be reviewable in a proceeding pursuant to Article
78 of the State Civil Practice Law and Rules.
B.
Criminal sanctions. Any person who violates the provisions of this
article, including any provision of any authorization issued, any
condition set or fee required pursuant to this article, shall, in
addition, for the first offense, be guilty of a violation punishable
by a fine of not less than $500 and not more than $1,000; for a second
and each subsequent offense he/she shall be guilty of a misdemeanor
punishable by a fine of not less than $1,000 nor more than $2,000
or a term of imprisonment of not less than 30 days nor more than six
months, or both. Each violation shall be deemed a separate and distinct
offense, and, in the case of continuing violation, each day in continuance
thereof shall be deemed a separate and distinct offense.
C.
Final determination; costs. In addition to the foregoing remedies,
any person who violates the provisions of this article and is found
guilty by a final administrative determination and/or a final adjudicated
determination by a court of competent jurisdiction shall be responsible
for paying over to and reimbursing the Stormwater Management Office
for all quantified costs, penalties and/or fines as may result from,
or be imposed by, the Department, the EPA and/or any other enforcement
agency pursuant to the Clean Water Act, the State Pollutant Discharge
Elimination System (SPDES) requirements and/or any other applicable
statutory authority for such violation.
[Amended 8-17-2010 by L.L. No. 3-2010]
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 Stormwater Management Officer 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 and/or remediation of the violation and/or for such other
further relief as any court of competent jurisdiction may order.
A.
Where a person has been charged with violations of this article and/or
when a person has been determined to have violated a provision of
this article, he/she may be eligible for alternative remedies in lieu
of a civil and/or criminal penalty, upon written recommendation of
the County Attorney and concurrence of the Stormwater Management Officer,
where a written determination is made that:
C.
In the
event of noncompliance with the foregoing alternative remedies, the
County reserves the right to enforce any and all provisions of this
article.
[Amended 8-17-2010 by L.L. No. 3-2010]
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 Stormwater Management
Office to make such determinations. Nothing in this article shall
be read to preclude the enforcement by the County of Ulster of any
other laws as may be applicable to illicit discharges, including but
not limited to statutory authorizations as set forth within the New
York State Highway Law, the New York State County Law and the New
York State Public Health Law.
The Stormwater Management Officer shall submit an annual report
to the County Legislature not later than the first day of November
of each year concerning the administration, efficacy and enforcement
of this article. Such reports and recommendations shall assist the
County to monitor and evaluate the extent to which the intent and
purpose of this article have been served.
This article has been duly reviewed and a determination as to
significance upon the environment and associated findings have been
rendered by the County in accordance with the State Environmental
Quality Review Act (SEQRA)[1] prior to this article's adoption by the County (6 NYCRR
617 et seq.).
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental
Conservation Law.
Where the standards and legal requirements of this article are
in conflict with other environmental and/or land use regulations and/or
other environmental protective measures, the more restrictive standards
and legal requirements shall apply.
This article shall be interpreted under, construed by and governed
pursuant to the laws of the State of New York.
