Village of Sloan, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sloan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Fire prevention and building construction — See Ch. 205.

Stormwater management — See Ch. 390.

Streets and sidewalks — See Ch. 396.

ARTICLE I
Sewer Use (§ 360-1 — § 360-32) 

ARTICLE II
Storm Sewers (§ 360-33 — § 360-49) 

[Adopted 7-18-1918 (Ch. 147 of the 1989 Code
Editor's Note: This ordinance was renumbered as Art. I of Ch. 147 of the 1989 Code 12-11-2007 by L.L. No. 3-2007.
)]

§ 360-1
Connection permit required. 

§ 360-2
Permit application to be in writing. 

§ 360-3
Bond required for connection; revocation of privilege. 

§ 360-4
Contents of permit application. 

§ 360-5
Right to revoke permits. 

§ 360-6
Liability of sewer layer. 

§ 360-7
Prohibited connections. 

§ 360-8
Restricted connections. 

§ 360-9
Tampering with or injuring equipment. 

§ 360-10
Garbage prohibited. 

§ 360-11
Trench location. 

§ 360-12
Placement of earth from trench. 

§ 360-13
Bracing of trench; tunnelling. 

§ 360-14
Barriers and signals at trenches. 

§ 360-15
House drain pipe. 

§ 360-16
Pipe grade. 

§ 360-17
Use of curved pipes. 

§ 360-18
Joints. 

§ 360-19
Removal of Y or branch stopper. 

§ 360-20
First length of pipe. 

§ 360-21
Maintenance of pipe insides. 

§ 360-22
Backfilling. 

§ 360-23
Standards for material and workmanship. 

§ 360-24
Grease traps. 

§ 360-25
Only ordinary house sewage to be connected. 

§ 360-26
Limit to number of structures connected to each drain. 

§ 360-27
Y connections. 

§ 360-28
Board not liable. 

§ 360-29
Maximum size of private drain; exception. 

§ 360-30
Inspections. 

§ 360-31
Penalties for offenses. 

§ 360-32
Failure to replace street or sidewalk; penalty. 

No person shall make any connection with or opening into any public sewer unless authorized, in writing, by the Board of Trustees.

All applications for the authority of the Board of Trustees to make any connection with or opening into any public sewer shall be made in writing.

A. 

Every person, firm or corporation to whom such authority is granted shall, at the time of receiving such authority, file a bond approved by said Board in the sum of $2,000, conditioned as shall be required by the Board.

B. 

The Board reserves the right to revoke and annul any such authority at any time it shall deem it for the interest of the Village to do so.

Applications for permits to connect with the sewers must be made in writing upon blanks provided by said Board by the owner of the property to be drained or his authorized agent and by the plumber who is to make the opening. Such applications shall be made at least three days before opening the street and shall contain such information as said Board shall require, and before any street is opened, the ordinance of the Village relating to the opening of streets shall be complied with.

Editor's Note: See Ch. 396, Streets and Sidewalks.

Any permit to connect with the sewer shall be given with the express condition that the Board may, at any time before the work is completed, provided that it shall deem it for the interest of the Village to do so, revoke and annul the permit, and no party interested shall have the right to claim damages in consequence of such revocation or annulment.

The drain layer or plumber, authorized as provided by § 360-1 hereof, who connects any private drain with a public sewer shall be held responsible for any injury which he or his employees may cause to the sewer.

No person, firm or corporation shall connect any open gutter, cesspool, privy or vault with any public sewer or with any private drain or sewer connecting with the public sewer.

No rain conductor shall be connected, directly or indirectly, with a public sewer unless under a special permit to be obtained from the Board, the Board reserving the right at any time in the future to cause said conductor to be disconnected from the sewer system so that it will not discharge therein.

No person, firm or corporation shall injure, break into or remove any portion of any manhole, lamp hole, flush tank or any other part of any public sewer.

No person, firm or corporation shall deposit or cause to be deposited any garbage, offal, dead animal, filth or any substance having a tendency to obstruct the flow of the sewage in any manhole, lamp hole, flush tank, sewer opening or drain or any substance which might injure the sewer in any way whatever.

The trench for a private drain or sewer shall be dug to the public sewer at the angle most favorable for the flow of the sewage. The Y or branch for connection shall first be found and uncovered, the trench then dug and the sewer laid in a straight line wherever possible from the Y or branch to the building.

The earth from the trench shall be so placed as not to obstruct the gutter and so as to cause the least inconvenience to the public.

[Amended 4-18-1989 by L.L. No. 1-1989]

Whenever the sides of the trench will not stand vertically, sheeting and bracing shall be used to prevent unnecessary caving when required by the Public Works Crew Chief. All excavations shall be made to open out. No tunnelling will be allowed except under express permission from the Board of Trustees.

Reasonable and proper barriers and danger signals and safeguards must be placed and maintained on the banks of trenches to guard the public against accidents during the progress of the work and until the same be completed so that the persons passing along the street or sidewalk shall not be liable to fall into any excavation made and shall, during the whole of every night that such excavation shall remain, cause the same to be kept securely fenced and cause light or lights to be placed and kept upon such fence, so secured and protected that the same shall not be extinguished.

[Amended 4-18-1989 by L.L. No. 1-1989]

The private or house drains shall be salt-galvanized, vitrified, earthenware socket sewer pipes or PVC pipes of best quality, free from imperfection of any nature, and at least four inches in inside diameter from building to street curb, and from curb to main sewer connection, six inches in inside diameter. An enlarger or reducer shall be used wherever there is a change in the size of the pipe.

The pipe shall be laid to a uniform grade of not less than 1/8 inch per foot, unless provision is made for regular and efficient flushing.

Curved pipe shall be used for every deflection from a straight line, and no pipe shall be chipped to form a curve.

The joints shall be made watertight with a proper oakum or tarred jute, gasket and cement mortar of a quality approved by the Board. Mortar shall be one part cement to one part sand. No water, lime or tempered-up cement shall be used.

[Amended 4-18-1989 by L.L. No. 1-1989]

The stopper of the Y or other branch on the sewer shall be carefully removed so as not to injure the socket or the pipe and the removal of the stopper and the connection at the Y or branch done only in the presence and under the supervision of the Public Works Crew Chief.

The first length of pipe attached to the sewer shall be curved and set as shall be required. The pipe shall be laid with the hub or bell end upgrade.

The inside of every drain or sewer shall be left clean and smooth throughout and true of line and grade.

[Amended 4-18-1989 by L.L. No. 1-1989]

In backfilling, the earth shall be carefully rammed or compacted with water, as the Public Works Crew Chief shall require, after the filling around and over the pipe to a depth of one foot has been carefully placed and rammed so as to keep the pipe in proper condition to avoid settling.

[Amended 4-18-1989 by L.L. No. 1-1989]

All the material and workmanship shall be of the best quality and subject to the approval of the Public Works Crew Chief, and no material shall be used or backfilling done until both material and work have been examined and approved by him.

All private sewers or drains connecting with packing houses, butcher shops, large rendering establishments, hotels, restaurants, boardinghouses and laundries shall be provided with a suitable grease trap.

Nothing except ordinary house sewage shall be connected with the private drains or sewers.

Not more than one building shall be connected with a private drain or sewer, except under a special written permit to be obtained from the Board of Trustees.

[Amended 4-18-1989 by L.L. No. 1-1989]

Y or other branches, where built, must be used for making connections. A special permit must be obtained from the Board for connecting in any other manner, such connection to be made only in the presence and under constant supervision of the Public Works Crew Chief and to his entire satisfaction.

No liability shall be attached to the Board of Trustees or the Village for the incorrect location of any Y or other branch.

No private drain or sewer shall be larger than six inches in diameter, unless by special permit to be obtained from the Board.

[Amended 4-18-1989 by L.L. No. 1-1989]

The Public Works Crew Chief will inspect all sewer connections and external house drains within 24 hours after a written personal notification to said Crew Chief from the drain layer, or otherwise it may be considered passed upon and may be covered, provided that the drain layer shall file with the Board a written statement that the inspection was not made within the above-mentioned time.

[Amended 4-18-1989 by L.L. No. 1-1989; 12-11-2007 by L.L. No. 3-2007]

Any person, firm or corporation violating any provisions of Article I of this chapter shall forfeit and pay to the Village of Sloan a penalty of not more than $250 or be imprisoned for a term not to exceed 15 days, or both, for each offense, and the violation by a drain layer of any provision of Article I of this chapter shall be sufficient cause for the revocation of his authority. Enforcement of the provisions of Article II of this chapter shall be as set forth therein.

Editor's Note: Original § 30-32 of the 1964 compilation, Permit issuance and fee, which immediately followed this section, was repealed 8-27-1969.

[Amended 4-18-1989 by L.L. No. 1-1989]

Every owner or occupant of any lot or premises who shall receive a permit under the foregoing rules and regulations and shall construct or cause or permit to be constructed any private drain or sewer connecting with the public sewer in front of his or her premises or lot and shall fail to refill, relay to replace the street and sidewalk dug, taken up or disturbed by him or her or his or her employees or contractor in as good condition as the same was before the work of building said private drain or sewer was commenced shall forfeit and pay to the Village of Sloan a penalty of not more than $250 or be imprisoned for a term not to exceed 15 days, or both, and the Public Works Crew Chief may cause said street or sidewalk to be filled, relaid, rebuilt or repaired and shall report the expense thereof to the Board of Trustees, and the same shall be assessed upon the lot and premises in front of which such work shall be done.

[Added 12-11-2007 by L.L. No. 3-2007 (Ch. 147, Art. II, of the 1989 Code)]

§ 360-33
Definitions. 

§ 360-34
Purpose. 

§ 360-35
General provisions. 

§ 360-36
Discharge prohibitions. 

§ 360-37
Prohibition against activities contaminating stormwater. 

§ 360-38
Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices. 

§ 360-39
Industrial or construction activity discharges. 

§ 360-40
Suspension of access to MS4. 

§ 360-41
Access and monitoring of discharges. 

§ 360-42
Notification of spills. 

§ 360-43
Enforcement; penalties for offenses. 

§ 360-44
Appeal of notice of violation. 

§ 360-45
Corrective measures. 

§ 360-46
Injunctive relief. 

§ 360-47
Alternative remedies. 

§ 360-48
Violations deemed a public nuisance. 

§ 360-49
Remedies not exclusive. 

As used in this article, the following terms shall have the meanings set forth below:

303(d) LIST
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 NYSDEC 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.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any amendments thereto.
CONSTRUCTION ACTIVITY
Any activity requiring authorization under the SPDES general permit for stormwater discharges from construction activity, Permit No. GP-02-01, as amended or revised, including construction projects resulting in land disturbance of one or more acres. Construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including but not limited to:
A. 

Any conveyance which allows any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connection to the storm sewer 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

B. 

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.

ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 360-36.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES multi-sector general permit for stormwater discharges associated with industrial activity, Permit No. GP-0-06-002, as amended or revised.
MS4
Municipal separate storm sewer system.
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 sewers):
A. 

Owned or operated by the Village of Sloan;

B. 

Designed or used for collecting or conveying stormwater;

C. 

Which is not a combined sewer; and

D. 

Which is not part of a publicly owned treatment works (POTW), as defined at 40 CFR 122.2.

NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual, partnership, firm, company, association, organization, corporation, district, municipality or other entity.
POLLUTANT
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 and agricultural waste and ballast discharged into water, any of which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of water quality standards.
POLLUTANT OF CONCERN
A sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MS4S, PERMIT NO. GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards, as amended or revised.
A. 

Discharge compliance with water quality standards. The condition that applies where the Village 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 Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

B. 

303(d) listed waters. The condition in the Village'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.

C. 

Total maximum daily load (TMDL) strategy. The condition in the Village's MS4 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 MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Village was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

D. 

The condition in the Village's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. Under this condition, the Village 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 Village 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.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by NYSDEC that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer of the Village of Sloan appointed by the Village Board of Trustees to enforce this article. The SMO shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
VILLAGE
The Village of Sloan, Erie County, New York.
VILLAGE BOARD
The Board of Trustees of the Village of Sloan, Erie County, New York.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants, and has been or will be discarded.

The purpose of this article is to provide for the health, safety and general welfare of the citizens of the Village of Sloan through the regulation of nonstormwater discharges to the MS4 to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02. The objectives of this article are:

A. 

To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02;

B. 

To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;

C. 

To prohibit illicit connections, activities and discharges to the MS4;

D. 

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and

E. 

To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.

A. 

Applicability. This article shall apply to all water entering the MS4 generated on any developed or undeveloped lands unless explicitly exempted by an authorized enforcement agency.

B. 

Responsibility for administration. The SMO shall administer, implement and enforce the provisions of this article. 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 Village.

C. 

Conflict. Where the conditions imposed by any provisions of this article are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

A. 

Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided below. The commencement, conduct or continuance of any illicit discharge to the MS4 is prohibited except as described as follows:

(1) 

The following discharges are exempt from discharge prohibitions established by this article, unless NYSDEC or the Village has determined them to be substantial contributors of pollutants: waterline flushing or other potable water sources; landscape irrigation or lawn watering; existing diverted stream flows; rising groundwater; uncontaminated groundwater infiltration to storm sewers; uncontaminated pumped groundwater; foundation or footing drains; crawl space or basement sump pumps; air-conditioning condensate; irrigation water; springs; water from individual residential car washing; natural riparian habitat or wetland flows; dechlorinated swimming pool discharges; residential street wash water; water from fire-fighting activities; and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.

(2) 

Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.

(3) 

Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test.

(4) 

The prohibition of illicit discharges 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 NYSDEC, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

B. 

Prohibition of illicit connections.

(1) 

The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.

(2) 

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) 

A person is considered to be in violation of this article if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.

A. 

Activities that are subject to the requirements of this section are those types of activities that:

(1) 

Cause or contribute to a violation of the Village's MS4 SPDES stormwater discharge permit; or

(2) 

Cause or contribute to the Village being subject to a special condition.

B. 

Such activities include improper management of pet waste or any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.

C. 

Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Village's MS4 SPDES stormwater discharge 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 Village's MS4 SPDES stormwater discharge permit authorization.

Best Management Practices. Where the SMO has identified an illicit discharge or an activity contaminating stormwater, as defined in § 360-37, the Village may require implementation of BMPs to control those illicit discharges and activities.

A. 

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 MS4 through the use of structural and nonstructural BMPs.

B. 

Any person responsible for a property or premises which is or may be the source of an illicit discharge or an activity contaminating stormwater, as defined in § 360-37, 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 MS4.

C. 

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 article.

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 Village prior to the allowing of discharges to the MS4.

A. 

Illicit discharges in emergency situations. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of people, 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 people.

B. 

Suspension due to the detection of an illicit discharge. Any person discharging to the MS4 in violation of this article may have his MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify 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 reoccur. A person commits an offense if the person reinstates MS4 access to the premises terminated pursuant to this article without the prior approval of the SMO.

A. 

Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article or whenever the authorized enforcement agency has cause to believe that there exists or potentially exists in or upon any premises any condition which constitutes a violation of this article.

B. 

Access to facilities.

(1) 

The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.

(2) 

Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.

(3) 

The Village shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4) 

The Village has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) 

An unreasonable delay in allowing the SMO access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the SMO reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.

(6) 

If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Village 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 Village within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

A. 

Notice of violation. When the SMO finds that a person has violated a prohibition or failed to meet a requirement of this article, he or she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

(1) 

The elimination of illicit connections or discharges;

(2) 

That violating discharges, practices or operations shall cease and desist;

(3) 

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(4) 

The performance of monitoring, analyses and reporting;

(5) 

That the Village will seek civil remedies or criminal penalties, including the imposition of a criminal fine, as provided in § 360-43B; and

(6) 

The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator.

B. 

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine 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 article 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.

Any person receiving a notice of violation may appeal the determination of the SMO to the Zoning Board of Appeals 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.

A. 

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMO, the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.

B. 

If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

A. 

Where a person has violated a provision of this article, he/she may be given alternative remedies in lieu of a civil penalty, upon recommendation of the Village Attorney and concurrence of the SMO, where:

(1) 

The violation was unintentional;

(2) 

The violator has no history of previous violations of this chapter;

(3) 

Environmental damage was minimal;

(4) 

The violator acted quickly to remedy violation; and/or

(5) 

The violator cooperated in investigation and resolution.

B. 

Alternative remedies may consist of one or more of the following:

(1) 

Attendance at compliance workshops;

(2) 

Storm sewer stenciling or storm sewer marking; and/or

(3) 

River, stream or creek cleanup activities.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.