[HISTORY: Adopted by the Town Board of the Town of Babylon 10-6-2010 by L.L. No.
28-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 18.
Department of Environmental Control — See Ch. 20.
Environmental quality review — See Ch. 114.
Flood damage control — See Ch. 125.
Freshwater wetlands — See Ch. 128.
Stormwater management and erosion and sediment control — See Ch. 189.
The purpose of this chapter is to provide for the health, safety,
and general welfare of the residents and general public of the Town
of Babylon through the regulation of nonstormwater discharges to the
Town of Babylon municipal separate stormwater drainage system (MS4)
to the maximum extent practicable as required by Section 402 of the
Clean Water Act[1] and the New York State Department of Environmental Conservation
SPDES General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer Systems (MS4s), Permit GP-0-10-002 issued pursuant to
Article 17, Titles 7 and 8 and Article 70 of the Environmental Conservation
Law or as amended or revised. This chapter establishes methods for
controlling the introduction of pollutants into the Town of Babylon
MS4 system in order to comply with the 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 the Town of Babylon MS4, in accordance with New York
State Department of Environmental Conservation Permit No. GP-0-10-002,
or as amended or revised;
B.
To regulate the contribution of pollutants to the Town of Babylon's
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.
To prohibit illicit connections, activities and discharges to the
Town of Babylon's 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
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease and oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and any other pollutants into the Town of
Babylon's MS4.
[1]
Editor's Note: See 33 U.S.C. § 1342.
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 the 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 and/or a land development activity as defined in Chapter 189 of the Code of the Town of Babylon. These activities include construction projects resulting in a land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
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 Town of Babylon 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 Town of Babylon 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 Town of Babylon MS4 which has not been documented
in plans, maps, or equivalent records and approved by the Town of
Babylon.
Any direct or indirect nonstormwater discharge to the Town of Babylon MS4, except as exempted in § 190-6 of this chapter.
Activities requiring the SPDES Permit For Discharges From
Industrial Activities Except Construction, GP-0-06-002, as amended
or revised.
Municipal separate storm sewer system, including the Town
of Babylon separate stormwater drainage system.
The Town of Babylon.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, french drains 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, animal waste, chemicals, sediment,
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.
Contaminants in quantities or characteristics which are or may be
injurious to human, plant or animal life or to property or which unreasonably
interfere with the comfortable enjoyment of life and property throughout
such areas of the Town of Babylon.
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 STANDARDSThe condition that applies where a municipality has been notified 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.
LISTED WATERSTERS — 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.
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the Environmental Protection Agency (EPA) for a waterbody 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.
FUTURE TMDL DESIGNATIONThe 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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
Employees and/or public officers of the Town of Babylon designated
by the Town of Babylon to enforce this chapter.
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.
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.
This chapter shall apply to all water entering the MS4 that
has been generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
A.
The Commissioners of Environmental Control, Planning and Development
and the Department of Public Works, Town Attorney and/or his/her designee(s)
are authorized to administer and implement the provisions of this
chapter.
B.
The Stormwater Management Officer(s) (SMO(s)) shall enforce the provisions
of this chapter as may be authorized by the Town of Babylon.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this law 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 chapter.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the Town of Babylon MS4 any materials other than stormwater except as provided in § 190-6A(1) and (2) of this chapter. The commencement, conduct or continuance of any illegal discharge to the Town of Babylon MS4 is prohibited except as described herein:
(a)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless the Department or the Town of
Babylon 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, air conditioning
condensate, irrigation water, springs, water from individual residential
car washing, natural riparian habitat or wetland flows, residential
street wash water and water from firefighting and fire-fighting practice
activities. Such exempt discharges shall be made in accordance with
an appropriate plan for reducing pollutants.
(b)
The Commissioners of Public Works and Environmental Control
and/or his/her designee(s) may jointly authorize a temporary discharge
permit (TDP) for the discharge of uncontaminated groundwater for dewatering
purposes during construction activity to the Town of Babylon MS4 system
if the following conditions are met; high groundwater conditions exist
in the area of the proposed construction, there is no reasonable alternative
but to discharge to the Town of Babylon MS4 system, the proposed discharge
will not damage the Town of Babylon MS4 system, the Town of Babylon
MS4 system can handle the proposed discharge volume, the discharge
will not contain any significant levels of contaminants that are in
violation of any local, New York State or federal regulations, an
adequate sediment control plan is prepared and approved by the Town
of Babylon and the application fee is paid by the project sponsor.
It is also the applicant's responsibility to obtain any and all required
New York State Department of Environmental Conservation permits for
the temporary discharge as necessary.
(c)
An application fee shall be required for TDPs reviewed by the
Town of Babylon. The fee schedule shall be established by the Town
Board of the Town of Babylon by resolution. Application fees generated
by the TDPs shall be utilized for the Town of Babylon Stormwater Program.
As deemed necessary, the Town Board of the Town of Babylon may amend
the fee schedule by resolution from time to time.
(2)
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a written notification to the
Town of Babylon Commissioners of Environmental Control and Department
of Public Works and/or his/her designee(s) prior to the time of the
test. 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 Department, 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 Town of Babylon 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 Babylon MS4,
or allows such a connection to continue.
No persons shall operate a failing individual cesspool or sewage
treatment system in areas tributary to the Town of Babylon MS4. A
failing individual sewage treatment system is one 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.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include failing individual cesspools or sewage treatment systems as defined in § 190-7, improper management of animal waste or any other activity that causes or contributes to violations of the Town of Babylon'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 Town of Babylon'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 Town of Babylon has identified illicit discharges as defined in § 190-2 or activities contaminating stormwater as defined in § 190-8, the Town of Babylon may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
B.
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the Town of
Babylon MS4 through the use of structural and nonstructural BMPs.
C.
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 190-2 or an activity contaminating stormwater as defined in § 190-8, 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 Town of Babylon MS4.
D.
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.
A.
Illicit discharges in emergency situations. The Town of Babylon/SMO(s)
may, without prior notice, suspend Town of Babylon 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 of Babylon/SMO(s) 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 of Babylon/SMO(s)
may take such steps as deemed necessary to prevent or minimize damage
to the Town of Babylon MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the Town of Babylon MS4 in violation of this chapter
may have their Town of Babylon MS4 access terminated if such termination
would abate or reduce an illicit discharge. The Town of Babylon/SMO(s)
will notify a violator in writing of the proposed termination of its
MS4 access and the reasons therefor. The violator may petition the
Town of Babylon/SMO(s) for a reconsideration and hearing. Access may
be granted by the SMO(s) 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 of Babylon SMO(s) determines in writing
that the illicit discharge has not ceased or is likely to recur. A
person commits an offense if the person reinstates Town of Babylon
MS4 access to premises terminated pursuant to this section, without
the prior approval of the Town of Babylon/SMO(s).
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 Babylon prior to the allowing
of discharges to the Town of Babylon MS4.
A.
Applicability. This section applies to all facilities that the Town
of Babylon/SMO(s) must inspect to enforce any provision of this chapter,
or whenever the Town of Babylon 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 of Babylon/SMO(s) shall be permitted to enter and inspect facilities subject to regulation under this chapter and/or Chapter 189 of the Code of the Town of Babylon 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 of Babylon/SMO(s).
(2)
Facility operators shall allow the Town of Babylon/ SMO(s) ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records as may be required to
comply with this chapter.
(3)
The Town of Babylon 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 of Babylon/SMO(s) to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Town of Babylon 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.
(5)
Unreasonable delays in allowing the Town of Babylon/SMO(s) access
to a facility subject to this chapter is a violation of this chapter.
A person who is the operator of a facility subject to this law commits
an offense if the person denies the Town of Babylon/SMO(s) reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this chapter.
(6)
If the Town of Babylon/SMO(s) has been refused access to any part
of the premises from which stormwater is discharged, and the Town
of Babylon/SMO(s) 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 law or any
order issued hereunder, then the Town of Babylon/SMO(s) may seek issuance
of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of this chapter, 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 Town of Babylon 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. At minimum, the notification shall
include the Town of Babylon Commissioner of Environmental Control
and/or his/her designee, the Town of Babylon Division of Fire Prevention,
the Town of Babylon Commissioner of the Department of Public Works
and/or his/her designee, the Suffolk County Department of Health Services
Office of Pollution Control, New York State Department of Environmental
Conservation Oil Spill Division and Division of Hazardous Waste Remediation
and the United States Coast Guard. In the event of a release of nonhazardous
materials, said person shall notify the Town of Babylon Commissioner
of Public Works and/or his/her designee and the Town of Babylon Commissioner
of Environmental Control and/or his/her designee 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 Babylon 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
When the Town of Babylon or the Town of Babylon SMO(s) finds
that a person has violated a prohibition or failed to meet a requirement(s)
of this chapter, the Town of Babylon may order compliance by written
notice of violation to the responsible person. Such notice may require
without limitation:
A.
The elimination of illicit connections or discharges;
B.
That violating discharges, practices, or operations shall cease and
desist;
C.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
D.
The performance of monitoring, analyses, and reporting;
E.
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property
unless said violation is remedied immediately, the Town Board may,
by resolution, authorize the remediation of the violation without
prior notice to the owner of the property. There shall be notice to
the owner as soon thereafter as possible to inform the owner of said
actions. The expenses of such remediation shall be a charge against
the land on which it is located and shall be assessed, levied and
collected as provided in Article 15 of the Town Law for the collection
and removal as a special ad valorem levy.
[Amended 12-21-2016 by L.L. No. 20-2016; 4-27-2022 by L.L. No. 10-2022]
A.
Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense and, upon conviction thereof, a fine
of not less than $500 nor more than $1,500 must be imposed and a term
of imprisonment for a period not to exceed 15 days may be imposed,
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,
shall be guilty of a misdemeanor, and upon conviction a fine of not
less than $1,000 nor more than $2,500 must be imposed and a term of
imprisonment for a period not to exceed six months may be imposed,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, shall be guilty
of a misdemeanor and a fine of not less than $2,500 nor more than
$5,000 must be imposed and a term of imprisonment for a period not
to exceed six months, or both. Each day's continued violation shall
constitute a separate additional offense.
[Amended 12-20-2023 by L.L. No. 25-2023]
B.
Upon application to the Town Attorney or his or her designee, an
offense based on a violation of this chapter may be reduced to an
attempted offense as established by the New York State Penal Law § 110.
Penalties for the reduced charge of attempt shall be:
(1)
Any person who shall attempt to violate any of the provisions of
this chapter shall be guilty of an offense and, upon conviction thereof,
a fine of not less than $100 nor more than $500 must be imposed and
a term of 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, a fine
of not less than $500 nor more than $1,000 must be imposed and a term
of imprisonment for a period not to exceed 15 days may be imposed,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, a fine of not
less than $1,000 nor more than $2,500 must be imposed and a term of
imprisonment for a period not to exceed 15 days may be imposed, or
both. Each day's continued violation shall constitute a separate additional
offense.
C.
Any person
found by the Bureau of Administrative Adjudication to have violated
any of the provisions of this chapter shall be subject to a monetary
penalty of not less than $500 nor more than $1,500 for a first violation,
not less than $1,000 nor more than $2,500 for a second violation committed
within five years of the first violation, and not less than $2,500
nor more than $5,000 for a third or subsequent violation, all of which
were committed within a period of five years.
[Amended 12-21-2016 by L.L. No. 20-2016]
A.
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 of Babylon Town Attorney or his/her designee 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. Additionally,
the Town of Babylon Town Attorney or his/her designee 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.
B.
If access is refused to the subject private property, the Town of
Babylon/SMOs 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.
[Amended 12-21-2016 by L.L. No. 20-2016]
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
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.
[Amended 12-21-2016 by L.L. No. 20-2016]
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand notwithstanding
the invalidity of any part.
