The purpose of this Part
2 is to provide for the health, safety, and general welfare of the citizens of the Town of Onondaga 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 Part
2 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 Part
2 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 Part
2; 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 Part
2, unless a different meaning is stated in a definition applicable to only a portion of this Part
2, the following terms shall 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 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.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES Permits for Discharges From
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads and
drainage systems, municipal streets, catch basins, curbs, gutters,
man-made channels, or storm drains):
A.
Owned or operated by the Town of Onondaga;
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.
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 reasonable 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.
SPECIAL CONDITIONS
A.
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 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.
Total maximum daily load (TMDL) strategy:
(1)
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 program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
(2)
The condition in the municipality's MS4 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, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER
An employee, the Town Engineer or other public official(s) designates by the Town of Onondaga to enforce this Part
2. The SMO may also be designated by the Town of Onondaga to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board, inspect stormwater management practices and designate certain responsibilities pursuant to this Part
2 to other employees or agents of the Town of Onondaga.
303(d) LIST
A list of all surface waters in the state for which beneficial
used 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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
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 i or will be discarded.
This Part
2 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 Officer(s) [SMO(s)] shall administer, implement, and enforce the provisions of this Part
2. 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 Onondaga.
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 of
discharges to the MS4.
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 then
notify the Stormwater Management Officer. In the event of a release
of nonhazardous materials, said person shall notify the Stormwater
Management Officer 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 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 municipal Clerk and mail a copy of its decision
by certified mail to the discharger.
Within 10 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
objecting to the amount of the assessment within 10 days. If the amount
due is not paid within a timely manner as determined by the decision
of the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Part
2. If a person has violated or continues to violate the provisions of this Part
2, 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 Part
2 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 Part
2 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.