[HISTORY: Adopted by the Town Board of the Town of Yorktown 10-19-2010 by L.L. No.
11-2010. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Yorktown 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 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-0-10-002 or as amended or revised;
and
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes; and
C.
To prohibit illicit connections, activities and discharges to the
MS4; and
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
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 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:
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-0-10-001,
as amended or revised. These activities include construction projects
resulting in land disturbance of 5,000 or more square feet. 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, licensed architect,
or licensed landscape 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 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.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system.
The Town of Yorktown.
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 as the owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, 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, parcel 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 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 Yorktown must take all necessary reasonable 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 Town of Yorktown'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
Town of Yorktown'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.
The condition in the Town of Yorktown'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 Yorktown 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 Yorktown
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 DEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the DEC
as required by Section 303(d) of the Clean Water Act. Section 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.
The Town Engineer designated by the Town of Yorktown to enforce
this chapter.
The Town Engineer's designated office or field representative
designated to assist in the enforcement of this chapter.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This chapter shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Town Engineer shall administer, implement, and enforce the
provisions of this chapter. Such powers granted or duties imposed
upon the authorized enforcement official may be delegated in writing
by the Town Engineer as may be authorized by the Town of Yorktown.
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 § 247-5A(1) through (4). 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 chapter, unless the DEC or the Town of Yorktown has determined
them to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the Town Engineer 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 Town Engineer may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this
chapter.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge but requires a verbal notification to the Town
Engineer prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the DEC, 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 chapter if the
person connects a line conveying sewage to the Town of Yorktown's
MS4 or allows such a connection to continue.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Town of Yorktown'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 Town of Yorktown's MS4 SPDES
permit authorization.
Where the Town Engineer has identified illicit discharges as defined in § 247-2 or activities contaminating stormwater as defined in § 247-6, the Town of Yorktown 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/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 § 247-2 or an activity contaminating stormwater as defined in § 247-6 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 section.
D.
Maintenance requirements.
(1)
Every person owning property through which a watercourse passes,
or such person's lease, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation which impedes natural flow, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through
the property.
(2)
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse. Every person will be required to obtain
any/all applicable permits, such as but not limited to a Town of Yorktown
wetland permit, prior to commencing work.
A.
The Town Engineer 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 Town Engineer 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 Town Engineer
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 chapter
may have his/her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Town Engineer will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the Town Engineer for a reconsideration
and hearing. Access may be granted by the Town Engineer 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
Town Engineer 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 Town Engineer.
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 Yorktown prior to the allowing
of discharges to the MS4.
A.
Applicability. This section applies to all facilities that the Town
Engineer may inspect to enforce any provision of this chapter, 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 chapter.
B.
Access to facilities.
(1)
The Town Engineer or his authorized representative shall be permitted
to enter and inspect facilities subject to regulation under this chapter
as often as may be necessary to determine compliance with this chapter.
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 Town
Engineer.
(2)
Facility operators shall allow the Town Engineer 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 chapter.
(3)
The Town of Yorktown shall have the right to set up on any facility
subject to this chapter such devices as are necessary in the opinion
of the Town Engineer to conduct monitoring and/or sampling of the
facility's stormwater discharge.
(4)
The Town of Yorktown has the right to require the facilities subject
to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter. 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. Such monitoring reports shall be submitted
to the office of the Town Engineer upon completion.
(5)
Unreasonable delays in allowing the Town of Yorktown access to a
facility subject to this chapter are a violation of this chapter.
A person who is the operator of a facility subject to this chapter
commits an offense if the person denies the Town of Yorktown reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this chapter.
(6)
If the Town Engineer or his designated representative 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 chapter, 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 chapter or any order issued
hereunder, then the Town Engineer 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 of Yorktown in person or by phone or facsimile no later than
the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Town of Yorktown
within three business days of the phone 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 Engineer finds that a person has
violated a prohibition or failed to meet a requirement of this chapter,
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;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine; 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.
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 chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of not less than $700
nor more than $1,000 or imprisonment for a period not to exceed six
months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
day's continued violation shall constitute a separate additional
violation.
Any person receiving a notice of violation may appeal the determination
of the Town Engineer 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 discharger.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within five business days of the decision of the Town Board upholding
the decision of the Town Engineer, then the Town Engineer shall request
the owner's permission for access to the subject private property
to take any and all measures reasonably necessary to abate the violation
and/or restore the property.
B.
If refused access to the subject private property, the Town Engineer
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 Town Engineer
may seek a court order to take any and all measures reasonably necessary
to abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the Town 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 chapter, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Town Attorney and concurrence of the Town Engineer,
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 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.