[HISTORY: Adopted by the Board of Trustees
of the Village of Piermont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-21-2010 by L.L. No. 4-2010[1]]
[1]
Editor’s Note: This local law also superseded former
Art. I, Illicit discharges, activities and connections to storm sewer
system, adopted 6-6-2006 by L.L. No. 3-2006.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Piermont through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and New York 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
storage and/or discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control materials,
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 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.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised, and any land disturbance requiring a municipal,
New York State, or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
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 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; 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 § 161-5 of this chapter.
A facility including septics, cesspools and similar facilities
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 the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate stormwater 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):
The Village of Piermont.
The New York State Department of Environmental Conservation.
Any discharge to the MS4 that is not composed entirely of
stormwater. This includes any pollutants, as well as but not limited
to trash, yard waste, or pet waste.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
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, soil and industrial, municipal,
agricultural waste and ballast discharged into water or any substance
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
and all chattels.
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 operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the Permit GP-02-02.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified by NYSDEC 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.
TMDL (total maximum daily load) 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.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
An employee, the municipal engineer or other public official(s)
designated by the Village of Piermont to enforce this article. The
SMO 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 and designate
certain responsibilities pursuant to this article to other employees
or agents of the municipality..
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYSDEC as
required by § 303(d) of the Clean Water Act. The 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.
The Stormwater Management Officer(s) [(SMO(s)] shall administer,
implement, and enforce the provisions of this article.
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 § 170-5A(1). 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 NYSDEC or the municipality has determined
them to be contributors of pollutants which could negatively impact
water quality: water line flushing or other potable water sources;
landscape irrigation or lawn watering; existing diverted stream flows;
rising ground water; groundwater infiltration to storm drains; 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/debrominated swimming pool, spa and
pond discharges; residential street, driveway, home or deck wash water;
water from fire-fighting activities; and any other water source not
containing pollutants. Such exempt discharges shall be allowed only
if uncontaminated.
(2)
Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a written notification to the
SMO prior to the time of the test.
(4)
Any discharge permitted under a SPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the NYSDEC, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the MS4. The discharger shall be required
to file a copy of said written approval with the MS4 prior to the
discharge.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of any
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.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing
individual sewage treatment system is a system which has one or more
of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground surface.
C.
A connection or connections to a separate stormwater sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
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.
F.
Contamination of off-site groundwater that can reasonably be attributed
to the individual sewage treatment system.
B.
Such activities include failing individual sewage treatment systems as defined in § 170-6, improper management of pet 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 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 SMO has identified illicit discharges as defined in § 170-2 or activities contaminating stormwater as defined in § 170-7, the municipality 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 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, and
shall keep and maintain records and logs of the inspection and maintenance
of the BMPs, and make available for inspection by the MS4 for a period
of three years.
(2)
Any person responsible for a property which is, or may be, the source of an illicit discharge or an activity contaminating stormwater, as defined in § 170-7, 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 MS4, including the record-keeping requirements described in § 170-8A(1).
(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 § 170-2 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 or the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee.
(b)
Avoid
the use of septic tank additives.
(c)
Avoid
the disposal of excessive quantities of detergents, kitchen wastes
(including oil and grease), laundry wastes, and household chemicals;
and
(d)
Prohibit
the disposal of cigarette butts, disposable diapers, sanitary napkins,
trash and other such items.
(e)
Most
tanks should be pumped out every two to three years. However, pumping
may be more or less frequent depending on use. Inspection of the tank
for cracks, leaks and blockages should be done by the septage hauler
at the time of pumping of the tank contents.
(2)
Repair or replace individual sewage treatment systems as follows:
(a)
In accordance with 10 NYCRR Appendix 75A and Article IV of the
Rockland County Sanitary Code.
(b)
A professional engineer 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 written certificate of approval
shall be issued by the Rockland County Health Department after inspection
of the construction of the repair or replacement system.
A.
If it is necessary for the SMO to take action, the SMO may, without
prior notice, suspend MS4 discharge access to a person when such suspension
is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
to the health or welfare of persons, or to the MS4. The SMO shall
notify the person of such suspension within a reasonable time thereafter,
in writing, of the reasons for the suspension. If the person fails
to comply with a suspension order issued in an emergency, the SMO
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons. All costs and expenses
incurred by the SMO to remedy the situation, including proper disposal,
shall be assessed to the owner of the property. If the property owner
fails to pay same, it may become a lien against the property, subject
to a hearing a minimum of 10 days prior to the imposition of the tax
lien.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMO will notify such person in
writing of the proposed termination of its MS4 access and the reasons
therefor. The person may petition the SMO for a reconsideration and
hearing. Access may be granted by the SMO if he/she finds that the
illicit discharge has ceased and the person has taken steps to prevent
its recurrence. Access may be denied if the SMO determines in writing
that the illicit discharge has not ceased or is likely to recur. A
person commits a violation if the person reinstates MS4 access to
property terminated pursuant to this section without the prior approval
of the SMO.
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 shall be required
by the municipality in a form acceptable to the NYSDEC prior to the
allowing of discharges to the MS4.
A.
Access to properties.
(1)
The SMO or his/her designee shall be permitted to enter and inspect
all properties subject to regulation under this article as often as
may be necessary to determine compliance with this article. If a person
has security measures in force that require proper identification
and clearance before entry into its premises, the person shall make
the necessary arrangements to allow access to the SMO.
(2)
All persons shall allow the SMO ready access to all parts of the
property 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 property subject
to this article such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the property's stormwater
discharge.
(4)
The municipality has the right to require the properties subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The property's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the person at his or her 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 property
subject to this article is a violation of this article. A person who
is the operator of a property subject to this article commits an offense
if the person denies the municipality reasonable access to the property
for the purpose of conducting any activity authorized or required
by this article.
(6)
If the SMO has been refused access to any part of the property from
which stormwater is discharged and he/she is able to demonstrate probable
cause to believe that there may be a violation of this article or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this article or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a property or operation, or responsible for emergency
response for a property 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, the municipality, and the responsible MS4 of the occurrence
via emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the municipality and responsible
MS4 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 municipality 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 municipality's SMO finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the SMO may order compliance by written notice of
violation by certified mail and/or posting of the property to the
responsible person. Such notice may require, without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and reimbursement of any costs and/or expenses
incurred by the municipality relating to the violation, and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
(7)
The municipality shall also have the right to issue an appearance
ticket for said violation.
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
$1,000 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 $1,000 nor more than $2,500 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 $2,500 nor
more than $5,000 or imprisonment for a period not to exceed 15 days,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
shall be deemed offenses. Each week's continued violation shall
constitute a separate additional offense.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village Board of Trustees within 15 days of its
issuance, which shall hear the appeal within 30 days after the filing
of the appeal and, within five days of making its decision, file its
decision in the office of the municipal clerk and mail a copy of its
decision by certified mail to said person.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO may request the person's
permission for access to the subject property 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 person.
B.
If refused access to the subject property, the SMO may seek a warrant
in a court of competent jurisdiction to be authorized to enter upon
the property 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 person.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the SMO may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a penalty, upon recommendation
of the Village Attorney and concurrence of the SMO, 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.
This article shall be in full force and effect 10 days after
its final passage and adoption. All prior laws and parts of law in
conflict with this article are hereby repealed.
