[HISTORY: Adopted by the Town Board of the Town of Wawayanda
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-2009 by L.L. No. 5-2009]
The Town Board of the Town of Wawayanda hereby finds and determines:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.
Clearing and grading during construction tend to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse impacts
on the waters of the Town;
G.
Stormwater runoff, soil erosion and nonpoint-source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint-source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety; and
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development activities.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the Town and its residents, and to address the findings of fact in § 154-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of the SPDES General Permit for Stormwater
Discharges from Municipal Separate Stormwater Sewer Systems (MS4s),
Permit No. GP-02-02, as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-02-01, as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion, and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize, to the extent practicable, the total annual volume of stormwater
runoff which flows from any specific site during and following development;
and
F.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint-source
pollution, wherever possible, through stormwater management practices,
and ensure that these management practices are properly maintained.
A.
This article shall be applicable to all land development activity or land development activities within the Town of Wawayanda, as defined in § 154-5.
B.
The Town Board shall designate a Stormwater Management Officer, as
hereafter defined, who shall accept and review all stormwater pollution
prevention plans (SWPPPs) and forward such plans to the Board. The
Stormwater Management Officer shall also:
(1)
Review the SWPPP and approve, approve with conditions or reject the
SWPPP;
(2)
Take all actions deemed appropriate to administer and enforce the provisions of this article, as set forth in § 154-9 hereof, including inspections;
(3)
Upon approval by the Town Board, engage the services of a registered
professional engineer to assist in performing these functions; and
(4)
Accept the certification of said registered professional engineer
that the SWPPP, land development activities and/or stormwater management
practices conform to the requirements of this article.
C.
All land development activities, as defined herein, which are subject
to review and approval by the Board under subdivision, site plan,
and/or special use permit regulations shall also be reviewed subject
to the standards in this article.
The following activities are exempt from review under this article:
A.
Agricultural activity, as defined in this article.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
C.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management practice or
facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.
Subdivisions for which a stormwater pollution prevention plan has
been approved and final plat approval has been granted by the Town
on or before the effective date of this article.
F.
Land development activities for which all necessary governmental
permits have been issued on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meaning as set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
The Town of Wawayanda Planning Board.
Any structure having a roof supported by such things as columns,
posts, piers or walls and intended for the shelter, business, housing
or enclosing of persons, animals, property or other materials, including
any combination of materials forming any construction. The term "building"
shall include the term "structure," as well as the following:
Signs.
Walls and retaining walls.
Radio, television and microwave antennas, except for such antennas
installed on the roof of a building and extending not more than 10
feet above the highest level of the roof of such building.
Pergolas, porches, decks, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission towers.
A structure requiring a subsurface support or base, such as
a footing or sleeve for a flagpole or sign.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover of
the land.
The deliberate appropriation of property by its owner for
general public or private use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that effectively
prevent the infiltration of rainfall, snowmelt and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries, which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined and discrete conveyances, including, but not limited to,
pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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 land development activity.
See "land development activity."
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving a site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers to ensure compliance with United States
Environmental Protection Agency (EPA) established water quality standards
and/or to specify stormwater control standards.
Practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices (SMPs)
installed, stabilized and operating for the purpose of controlling
stormwater runoff.
The Town of Wawayanda Building Inspector or such other officer
designated by the Town Board of the Town of Wawayanda.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction or land development activities.
Flow on the surface of the ground, resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point-source or nonpoint-source pollution
inputs of stormwater runoff to water bodies.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
the Board has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the specifications in this article.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information:
(a)
Background information about the scope of the project, including
location, type and size of project;
(b)
Site map/construction drawing(s) for the project, including
a general location map at a scale no smaller than one inch equals
100 feet. At a minimum, the site map should show the total site area;
all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharge(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on site with updates as appropriate and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project closeout;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 154-6B, as applicable:
(a)
Condition A: Stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(b)
Condition B: Stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: Stormwater runoff from land development activity
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each post-construction stormwater management
practice;
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(h)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property; and
C.
Plan certification. The SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meets the requirements
in this article.
D.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the stormwater pollution prevention plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
The certification must include the name and title of the person providing
the signature; the address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
F.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this article, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control,
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Water quality standards. No land development activity shall cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall
at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
The applicant or developer or his/her representative shall be on
site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be delivered
to the Stormwater Management Officer and also copied to the site log
book.
B.
Maintenance easement(s). Prior to the issuance of any approval for
a land development activity that has a stormwater management facility
as one of the requirements, the applicant or developer must execute
a maintenance easement agreement that shall be binding on all subsequent
landowners served by the stormwater management facility for no more
than a five-year period after construction of the stormwater management
facility has been deemed complete by the Town of Wawayanda Stormwater
Management Officer or until such time as the Board may determine the
same to be unnecessary or is no longer appropriate based on the particular
use of the land at issue, whichever comes sooner. The easement shall
provide for access to the facility at reasonable times for periodic
inspection by the Town to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this section. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the Attorney
for the Town.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall operate and maintain the stormwater management practices
to achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations, as set forth in § 154-7B of this article.
E.
Maintenance agreements. The Town Board shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the office of the County Clerk as a deed
restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of Schedule
A at the end of this article entitled "Sample Stormwater Control Facility
Maintenance Agreement." The Town Board, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance. Such maintenance agreement shall remain in effect
for a term of 99 years, unless the Town Board, by resolution, established
a shorter term of an agreement.
[Amended 2-4-2021 by L.L. No. 1-2021]
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Wawayanda Stormwater Management Officer may require
such inspections as may be necessary to determine compliance with
this article and may either approve that portion of the work completed
or notify the applicant where the work fails to comply with the requirements
of this article and the approved stormwater pollution prevention plan
(SWPPP). To obtain inspections, the applicant shall notify the Town
at least 48 hours before any of the following as required by the Stormwater
Management Officer:
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted, except for
site stabilization, until any violations are corrected and all work
previously completed has been approved by the Stormwater Management
Officer.
(2)
Stormwater management practice inspections. The Town Stormwater Management
Officer is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants are required to submit "as-built"
plans for any stormwater management practices located on site as soon
as final construction is completed. The plan must show the final design
specifications for all stormwater management facilities and must be
certified by a professional engineer.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including,
but not limited to, routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
(4)
Submission of reports. The Town Stormwater Management Officer may
require monitoring and reporting from entities subject to this article
as may be necessary to determine compliance with this article.
(5)
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 154-9A(3).
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of land development activities related to compliance
with all conditions set forth by the Town in its approval of the stormwater
pollution prevention plan, the Town Board may require the applicant,
landowner or developer to provide, prior to construction, a cash escrow
or irrevocable letter of credit from an approved financial institution
or surety satisfactory to the Attorney for the Town which guarantees
satisfactory completion of the project and names the Town as the beneficiary.
Such security shall be in a form and in an amount approved by the
Town Attorney and the Town Engineer and determined by the Town Board
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
Town Board, provided that such period shall not be less than one year
from the date of final acceptance, or such other certification that
the facility(ies) has(have) been constructed in accordance with the
approved plans and specifications and that a one-year inspection has
been conducted and the facilities have been found acceptable by the
Town. Per-annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
applicant, landowner or developer or by a corporation or limited liability
company that owns or manages a commercial or industrial facility,
the developer, landowner or applicant, prior to construction, may
be required to provide the Town with a cash escrow or irrevocable
letter of credit from an approved financial institution or surety
satisfactory to the Attorney for the Town to ensure proper operation
and maintenance of all stormwater management and erosion control facilities
both during and after construction and until the facilities are removed
from operation. Such security shall be in a form and in an amount
approved by the Town Attorney and the Town Engineer. If the developer,
applicant or landowner fails to properly operate and maintain stormwater
management and erosion and sediment control facilities, the Town may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs. Such security shall remain
in effect for no more than a five-year period of time after construction
of the stormwater management facility has been deemed complete by
the Town of Wawayanda Stormwater Management Officer or for such shorter
time as determined by the Board.
(3)
Recordkeeping. The Town may require all persons or entities subject
to this article to maintain records demonstrating compliance with
the law.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Town Stormwater Management Officer
determines that a land development activity is not being carried out
in accordance with the requirements of this article, he or she may
issue a written notice of violation to the landowner. The notice of
violation shall contain:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the
land development activity into compliance with this article and a
time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that may be assessed
against the person to whom the notice of violation is directed; and
(f)
A statement that the determination may be appealed to the Town
Zoning Board of Appeals by filing a written notice of appeal within
60 days of service of the notice of violation.
(2)
Stop-work orders. The Town Stormwater Management Officer may issue
a stop-work order for violations of this article. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
Stormwater Management Officer confirms that the land development activity
is in compliance with this article and/or the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal or monetary penalties in accordance
with the enforcement measures authorized in this article or in other
applicable state or local law.
(3)
Violations. Any land development activity that is commenced or is
conducted contrary to this article may be restrained by injunction
or otherwise abated in a manner provided by law.
(4)
Penalties. In addition 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 30 days, 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 after construction
of the stormwater management facility has been deemed complete by
the Town of Wawayanda Stormwater Management Officer, punishable by
a fine not less than $350 nor more than $700 or imprisonment for a
period not to exceed 30 days, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years after construction of the stormwater management facility
has been deemed complete by the Town of Wawayanda Stormwater Management
Officer, punishable by a fine not less than $700 nor more than $1,000
or imprisonment for a period not to exceed 30 days, 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.
(5)
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
article, the Stormwater Management Officer may withhold issuance of
a certificate of occupancy or otherwise act to prevent the occupancy
of said building or land.
(6)
Restoration of lands. Any violator may be required, in an appropriate
case, to restore land to its undisturbed condition. In the event that
restoration is not undertaken within a reasonable time after notice,
the Town may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
D.
Fees for services. The Town may require any person undertaking land development activities regulated by this article to pay reasonable costs for the review of SWPPPs, construction inspections of land development activities (including SMPs), SMP maintenance, or other tasks necessary to the appropriate administration and enforcement of this article whether performed by the Town or performed by an outside party for the Town pursuant to the authority of § 154-3B hereof.
[Adopted 5-7-2011 by L.L. No. 1-2011]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Wawayanda through
the regulation of nonstormwater discharges 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 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 MS4 since such systems
are not designed to accept, process or discharge nonstormwater wastes;
C.
Prohibit illicit connections, activities and discharges to the MS4;
D.
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article and impose penalties and remedies for noncompliance; 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 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 the 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 amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported,
disposed of or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and wash water, to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; and/or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 154-15 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring authorization under the SPDES permit
for discharges from industrial activities except construction, GP-98-03,
as amended or revised.
The Town of Wawayanda.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the 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 occupant of premises, or as the owner's or occupant's
agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcels of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their MS4 permit may have caused or
has the reasonable potential to cause or contribute to the violation
of an applicable water quality standard. Under this condition the
municipality must take all necessary actions to ensure future discharges
do not cause or contribute to a violation of water quality standards.
303(d)-listed waters. The condition in the municipality's MS4
permit that applies where the MS4 discharges to a 303(d)-listed water.
Under this condition the stormwater management program must ensure
no increase of the listed pollutant of concern to the 303(d)-listed
water.
Total maximum daily load (TMDL) strategy. The condition in the
municipality's MS4 permit where a TMDL, including requirements for
control of stormwater discharges, has been approved by EPA for a 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 municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition the municipality
must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the municipality must, within six months
of the TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, engineer, or other person designated
by the Town Board to enforce this article. The SMA may also be designated
by the municipality to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. 303(d)-listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
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.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Administrator(s) [(SMA(s)] 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 SMA as may be authorized by the
Town Board.
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 MS4 any materials other than stormwater except as provided in Subsection A(1) through (4) below. The commencement, conduct or continuance of any illegal 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 the Department or the Town 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 firefighting 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 SMA to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with applicable laws and requirements,
and further provided that such discharges may be permitted for a specified
time period and under such conditions as the SMA 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
SMA prior to the time of the test.
(4)
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 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 municipality's MS4,
or allows such a connection to continue.
A.
No person shall operate a failing individual sewage treatment system
in areas tributary to the municipality's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
(1)
The backup of sewage into a structure.
(2)
Discharges of treated or untreated sewage onto the ground surface.
(3)
A connection or connections to a separate stormwater sewer system.
(4)
Liquid level in the septic tank above the outlet invert.
(5)
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
(6)
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include prohibited discharges or connections and
failing individual sewage treatment systems as defined in § 121-15,
improper management of animal waste or any other activity that causes
or contributes to violations of the municipality'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 municipality's MS4 SPDES
permit authorization, that person shall take all reasonable actions
(as determined or approved by the SMA) to correct such activities
such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMA has identified illicit discharges as defined in § 154-17 or activities contaminating stormwater as defined in § 154-11, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at his/her own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the MS4 through the use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises that is, or may be, the source of an illicit discharge as defined in § 154-11 or an activity contaminating stormwater as defined in § 154-17 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants to the MS4.
(3)
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.
B.
Individual sewage treatment systems: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 154-11 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems as follows:
(a)
Inspect the septic tank annually to determine scum and sludge
accumulation. Septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee at the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee. Inspection of
the tank for cracks, leaks and blockages shall be done by the septage
hauler at the time of pumping of the tank contents;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes, and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems as follows:
(a)
In accordance with 10 NYCRR Appendix 75A to the maximum extent
practicable.
(b)
A design professional licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)
A written certificate of compliance shall be submitted by the
design professional to the municipality at the completion of construction
of the repair or replacement system.
A.
The SMA may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment, to the health or welfare of persons, or to the
MS4. The SMA 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 SMA may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have his/her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMA will notify a violator in
writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMA for a reconsideration
and hearing. Access may be granted by the SMA 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 SMA determines
in writing that the illicit discharge has not ceased or is likely
to recur. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section, without the
prior approval of the SMA.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing or
continuance of discharges to the MS4.
A.
Applicability. This section applies to all facilities that the SMA
determines necessary to 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 SMA 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 SMA.
(2)
Facility operators shall allow the SMA 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 municipality shall have the right to set up on any facility subject
to this article such devices as are necessary in the opinion of the
SMA to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
(and subject to approval by the SMA) 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 delays in allowing the municipality 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 municipality reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this article.
(6)
If the SMA 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 SMA 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 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 Town 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 Town 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 Town's SMA finds that a person has
violated a prohibition or failed to meet a requirement of this article
or failed to comply with a permit or approval condition related to
the subject matter of this article (all deemed a violation of this
article), he/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 and the environment;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and/or civil monetary penalty; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property or the environment
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, and, if unpaid, said amount may be assessed and levied
as a lien against the violator's premises and collected in the same
manner as a real property tax.
B.
Penalties.
(1)
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates this article shall be guilty of
a violation punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, 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
15 days, 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. Each day's continued
violation shall constitute a separate additional violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above, any person who
violates this article shall be liable to the Town for a civil penalty
in an amount not to exceed $350 for a first violation; in an amount
not less than $350 nor more than $700 for a second violation committed
within a period of five years of the first violation; and in an amount
of not less than $700 nor more than $1,000 for a third and each subsequent
violation committed within a period of five years of the first violation.
Each day's continued violation shall constitute a separate additional
violation.
(b)
Civil penalties may be ordered in any action or proceeding by
any court of competent jurisdiction, including but not limited to
state and federal courts. All penalties shall be paid to the Town.
(c)
The judgment amount of any civil penalty ordered pursuant to
this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized above,
the SMA or the Town Board may institute any appropriate action or
proceeding to prevent, restrain, enjoin, correct or abate any violation
or threatened violation or to enforce any provision of this article.
A.
Any person receiving a notice of violation may appeal the determination
of the SMA to the Town Board 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 Town Clerk and mail a copy of its decision by certified
mail to the appellant. Any person aggrieved by the decision of the
Town Board may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules. Such proceeding
must be commenced within 30 days after the decision is filed in the
Town Clerk's office or shall be time-barred.
B.
The appeal of a notice of violation shall stay an order contained
in the notice of violation issued by the SMA, unless the SMA determines
in writing that a stay of the order, or portion thereof, would cause
undue harm to a person, property, equipment, the environment or the
Town's storm sewer system. In such case, an appeal shall not stay
the SMA's order.
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 SMA, then the SMA shall have authority
to 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 SMA 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 SMA may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property.
C.
The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger and may be collected in the same manner as set forth in § 154-22A(6).
It shall be a violation of this article for any person to violate
any provision or fail to comply with any of the requirements of this
article or fail to comply with a permit or approval condition related
to the subject matter of this article. If a person has violated or
continues to violate the provisions of this article, the SMA 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 Town Attorney and concurrence of the SMA, 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.
