The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Elmira, New York
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:
A. To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02 or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C. To prohibit illicit connections, activities and discharges to the
MS4;
D. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
In accordance with § 10(1)(ii)(a)(11) of the Municipal
Home Rule Law of the State of New York, the Town of Elmira has the
authority to enact local laws for the protection and enhancement of
its physical and visual environment as well as to promote the health,
safety and general welfare of the Town. The Town of Elmira may include
in such local laws provisions for the appointment of any municipal
officer or employees to effectuate and administer such local laws.
This article shall apply to all water and materials entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted herein or by an authorized enforcement agency.
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.
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.
DEPARTMENT
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIAL
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including, but
not limited to:
A.
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; or
B.
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
187-15 of this article.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
MS4
The municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by the Town of Elmira;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
NYSDEC
The New York State Department of Environmental Conservation.
OUTFALL
The terminus of a storm drain where the contents are released.
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,
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.
SEWAGE
Refuse liquids or waste matter.
SPECIAL CONDITIONS
A.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where the Town of Elmira has been notified that the discharge of stormwater authorized under its 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 Town of Elmira 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 Town of Elmira's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
C.
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in the Town of Elmira's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the MS4 discharges.
D.
FUTURE TMDL APPROVALThe condition in the Town of Elmira's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition, the Town of Elmira 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 Town of Elmira 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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the municipal engineer or other public official(s)
designated by the Town of Elmira to enforce this article. The SMO
shall be designated by the Town of Elmira to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices. For purposes of
this article, the Stormwater Management Officer shall be the Code
Enforcement Officer for the Town of Elmira.
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.
WATERCOURSE
Any natural or man-made swale, stream, channel, drain, or
culvert in which waters flow continuously or intermittently.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this article. For purposes
of this article, the Stormwater Management Officer shall be the Code
Enforcement Officer for the Town of Elmira. Such powers granted or
duties imposed upon the authorized enforcement official may be delegated
in writing by the SMO as may be authorized by the Town of Elmira.
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 Town of Elmira prior to the allowing of
discharges to the MS4.
Where the SMO has identified illicit discharges as defined in §
187-13 or activities contaminating stormwater as defined in §
187-16, the Town of Elmira 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 his or 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.
B. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in §
187-13 or an activity contaminating stormwater as defined in §
187-16 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C. Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this article.
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 and shall
notify the Town of Elmira of such release of hazardous materials in
person or by telephone or facsimile no later than the next business
day. In the event of a release of nonhazardous materials, said person
shall notify the Town of Elmira of the release 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 of Elmira 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 SMO to the Town Board within 15 days of its issuance. The Town
Board shall hear the appeal within 30 days after the filing of the
appeal, file its written decision in the office of the Town Clerk
within 10 days of hearing the appeal and mail a copy of its decision
by certified mail to the discharger.
Within 15 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
to the Town Board objecting to the amount of the abatement within
30 days of receiving notification of the cost of the abatement. The
Town Board shall hear the protest within 30 days after the filing
of the protest, file its decision in the office of the Town Clerk
within 10 days of hearing the protest, and mail a copy of its decision
by certified mail to the discharger. If the amount due is not paid
within a timely manner as determined by the decision of the Town Board
or by the expiration of the time in which to file a protest, the charges
shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the abatement. Any unpaid
abatement charges shall be added to the tax bill for the subject property.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the SMO may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
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.
Approvals issued pursuant to this article do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable law, code, rule,
act, or ordinance.