The purpose of this chapter is to provide for the health, safety
and general welfare of the citizens of the Village of Sag Harbor 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 chapter 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 chapter 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
chapter; 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 chapter, unless a different meaning is
stated in a definition applicable to only a portion of this chapter,
the following terms will have meanings set forth below:
BMPS (BEST MANAGEMENT PRACTICES)
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, 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.
DISCHARGER
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination
thereof which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the 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 §
230-4 of this chapter.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
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.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
MS4
Municipal separate stormwater sewer system.
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):
A.
Owned or operated by the Village of Sag Harbor;
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.
NONSTORMWATER DISCHARGE
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.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
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, 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.
PROPERTY
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips
and all chattel.
SPECIAL CONDITIONS
A.
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 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 municipality must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality
standards.
B.
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.
C.
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 the 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.
D.
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.
STORMWATER
Rainwater, snowmelt, drainage and uncontaminated groundwater.
SMO (STORMWATER MANAGEMENT OFFICER)
An employee, the municipal engineer or other public official(s)
designated by the Village of Sag Harbor to enforce this chapter. 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 chapter to other employees
or agents of the municipality.
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 NYSDEC as
required by Section 303(d) of the Clean Water Act. 303(d) listed waters
are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water allocated
among the sources of that pollutant.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement and enforce the provisions of this chapter.
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.
Illicit discharges in emergency situations.
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 chapter
may have his 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.
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.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village 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.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, 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 chapter 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 chapter 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.