[Adopted 3-18-2008 by L.L. No. 2-2008]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the County of Saratoga through
the regulation of nonstormwater discharges to the County's 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 County MS4
in order to comply with requirements of the SPDES General Permit for
Municipal Separate Storm Sewer Systems. The objectives of this article
are to:
A. Meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B. Regulate the contribution of pollutants to the County MS4 since such
a system is not designed to accept, process or discharge nonstormwater
wastes;
C. Prohibit illicit connections, activities and discharges to the County
MS4;
D. Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E. Promote public awareness of the hazards involved in the improper
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 County MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
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 subsequent amendments thereto.
COMMISSIONER
The County of Saratoga Commissioner of Public Works.
CONSTRUCTION ACTIVITY
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.
COUNTY
The County of Saratoga.
COUNTY MS4
County 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):
A.
Owned or operated by the County of Saratoga;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer;
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2; and
E.
Which is within the urbanized or "MS4" Area of Saratoga County
as designated by the U.S. Census Bureau (see attached map).
DEPARTMENT
The New York State Department of Environmental Conservation.
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 CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the County MS4, including
but not limited to:
A.
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and washwater to
enter the County 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
B.
Any drain or conveyance connected from a commercial or industrial
land use to the County 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 County MS4, except as exempted in §
285-6 of this article.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
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 which may
cause or might reasonably be expected to cause pollution of the waters
of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where the County has been notified that the discharge of stormwater authorized under its NYS DEC SPDES GP-02-02 (MS4) Permit (or as amended or revised) 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 County of Saratoga must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B.
LISTED WATERSTERS — The condition in the County MS4 permit that applies where the County 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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
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 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.
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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the County MS4
generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The County of Saratoga Commissioner of Public Works 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 Commissioner as may be authorized
by the County.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article 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 article.
Where the Commissioner has identified illicit discharges as defined in §
285-2 or activities contaminating stormwater as defined in §
285-7, the County may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A. The owner or operator of a commercial or industrial establishment
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the County
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 as defined in §
285-2 or an activity contaminating stormwater as defined in §
285-7, 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 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 section.
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 County of Saratoga prior to the allowing
of discharges to the County MS4.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the County 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 County of Saratoga 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 of Saratoga 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.
Any person receiving a notice of violation may appeal the determination
of the Commissioner within 15 days of its issuance to the County of
Saratoga Board of Supervisors, 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 County Clerk
and mail a copy of its decision by certified mail to 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 Commissioner may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.