[HISTORY: Adopted by the Board of Supervisors of Saratoga
County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer District No. 1 — See Ch. 260.
[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:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The County of Saratoga Commissioner of Public Works.
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 County of Saratoga.
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):
Owned or operated by the County of Saratoga;
Designed or used for collecting or conveying stormwater;
Which is not a combined sewer;
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2; and
Which is within the urbanized or "MS4" Area of Saratoga County
as designated by the U.S. Census Bureau (see attached map).[1]
The New York State Department of Environmental Conservation.
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 County MS4, including
but not limited to:
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
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.
Any direct or indirect nonstormwater discharge to the County MS4, except as exempted in § 285-6 of this article.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Any discharge to the County MS4 that is not composed entirely
of stormwater.
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.
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.
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 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.
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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
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 water body so as not to impair uses of the water allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
[1]
Editor's Note: The map is included at the end of this chapter.
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.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the County MS4 any materials other than stormwater except as provided in Subsection A. The commencement, conduct or continuance of any illegal discharge to the County MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the County of Saratoga 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 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, 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 Commissioner 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 Commissioner 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 Commissioner
prior to the time of the test.
(4)
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 laws and regulations,
and provided that written approval has been granted for any discharge
to the County MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the County 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 County 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:
B.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the County 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 County MS4 SPDES permit authorization.
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.
A.
The Commissioner may, without prior notice, suspend County 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 County MS4. The Commissioner 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 Commissioner may
take such steps as deemed necessary to prevent or minimize damage
to the County MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the County MS4 in violation of this article may have
the person's access to the County MS4 terminated if such termination
would abate or reduce an illicit discharge. The Commissioner will
notify a violator in writing of the proposed termination of its County
MS4 access and the reasons therefor. The violator may petition the
Commissioner for a reconsideration and hearing. Access may be granted
by the Commissioner 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 Commissioner 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 MS4 access to premises
terminated pursuant to this section without the prior approval of
the Commissioner.
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.
A.
Applicability. This section applies to all facilities that the Commissioner
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 Commissioner 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 Commissioner.
(2)
Facility operators shall allow the Commissioner 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 County of Saratoga shall have the right to set up on any facility
subject to this article such devices as are necessary in the opinion
of the Commissioner to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The County of Saratoga 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)
Unreasonable delay in allowing the County of Saratoga 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 County of Saratoga reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this article.
(6)
If the Commissioner 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 Commissioner
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 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.
A.
Notice of violation. When the Commissioner finds 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
responsible person.
(1)
Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall cease and
desist;
(c)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment BMPs.
(2)
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
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 County
law 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 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.
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 Board of Supervisors
(of the County of Saratoga) upholding the decision of the Commissioner,
then the Commissioner 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 Commissioner
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 Commissioner
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 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.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the County Attorney and concurrence of the Commissioner,
where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
