[HISTORY: Adopted by the Town Board of the Town of Southampton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-11-2011 by L.L. No. 1-2011]
This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law and the New York State Constitution to provide for the health, safety and general welfare of the residents of, and the general public within, the Town of Southampton 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.
The objectives of this chapter are as follows:
A.
To meet the requirements of the New York SPDES General Permit for
Stormwater Discharges from Municipal Separate Storm Sewer Systems
(MS4s), Permit No. GP-0-10-002, 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
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.
The requirements under this chapter shall be applicable to all
water entering the Town MS4 generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
The terms used in this chapter shall have the meanings as set
forth in this section.
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 New York SPDES
General Permit for Stormwater Discharges from Construction Activity,
Permit No. GP-0-10-001, or 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.
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 surface or subsurface drain or conveyance that allows
an illegal discharge to enter the MS4, including but not limited to:
Conveyances that allow 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 agency;
or
A 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 discharge that is not entirely composed of stormwater.
Illicit discharges shall include but are not limited to those sources
as identified by § 122.26(b)(2) of the Code of Federal Regulations,
sanitary wastewater, effluent from septic tanks, commercial car wash
wastewater, petroleum products, antifreeze and radiator flush liquid,
laundry wastewater, spills from roadway accidents, and household and
motor vehicle chemicals, but does not include liquids discharged from
fire-fighting activities.
Activities requiring authorization under the New York SPDES
Multi-Sector General Permit for Stormwater Discharges Associated with
Industrial Activity, Permit No. GP-0-06-002, or as amended or revised.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Town and designed or used for collecting or conveying stormwater;
the MS4 is not a combined sewer or part of a publicly owned treatment
works (POTW) as defined at 40 CFR 122.2.
The New York State Department of Environmental Conservation.
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.
A substance that may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of
the standards, including but not limited to dredged spoils, 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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit issued by the NYSDEC to regulate discharges from
municipal separate storm sewer systems for compliance with EPA-established
water quality standards and/or to specify stormwater control standards
under Permit No. GP-0-10-002, or as amended or revised.
Any of the following:
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 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 in the discharge of the listed pollutant of concern
to the 303(d)-listed water.
Total maximum daily load (TMDL) 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 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.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any waterbody 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 (6)
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, surface runoff, snowmelt, and drainage.
An employee or officer designated by the Town to accept and
review stormwater pollution prevention plans, forward the plans to
the applicable municipal board and inspect stormwater management practices.
The NYSDEC published list, and any amendments thereto, of
all surface waters in the state for which beneficial uses of the water
(i.e., drinking, recreation, aquatic habitat, and industrial) are
impaired by pollutants, as required by Section 303(d) of the Federal
Clean Water Act. 303(d)-listed waters include estuaries, lakes, and
streams that fall short of state surface water quality standards and
are not expected to improve within the next two years.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of the pollution.
The Town of Southampton.
Water that is not stormwater, which is contaminated with
pollutants and is, or will be, discarded.
The Stormwater Management Officer (SMO) shall administer and
implement the provisions of this chapter.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the Town MS4 any materials other than stormwater,
except as provided herein. The commencement, conduct or continuance
of any illegal discharge to the Town MS4 is prohibited except as described
herein.
B.
Exemptions to discharge prohibitions. The following discharges are
exempt from discharge prohibitions established by this chapter, unless
the discharges are determined to be substantial contributors of pollutants:
(1)
Waterline 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, unchlorinated 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 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 chapter.
(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)
Discharge authorized pursuant to 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 Town MS4.
A.
The construction, use, maintenance or continued existence of illicit
connections to the Town MS4 is prohibited.
B.
This prohibition expressly includes, without limitation, prior illicit
connections, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
C.
A person shall be in violation of this chapter if the person connects
a line conveying sewage to the Town MS4 or allows such a connection
to continue.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the Town 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 the Town MS4.
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.
B.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Town's MS4 SPDES
permit, 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's MS4 SPDES permit.
Where the SMO has identified illicit discharges under this chapter,
or activities contaminating stormwater, the Town 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 or her own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the Town 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 or an activity contaminating
stormwater 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 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.
A.
The Town 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 Town MS4. The Town shall notify the person, in writing, of
such suspension, within a reasonable time thereafter, and of the reasons
for the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the Town may take such steps as deemed
necessary to prevent or minimize damage to the Town MS4 or to minimize
hazardous conditions which may adversely affect the health, safety,
welfare, and property of Town residents or the general public.
B.
Any person discharging to the Town MS4 in violation of this chapter
may have his or her MS4 access terminated if such termination would
abate or reduce an illicit discharge. The Town will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
for the termination. The violator may petition the Town for reconsideration
and a hearing. The Town may grant access if it is found that the illicit
discharge has ceased and that the violator has taken steps to prevent
its recurrence. Access may be denied if the Town determines 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.
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 prior to allowing discharges to the
Town MS4.
This section applies to all facilities that the Town must 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. The Town is authorized to make or cause
to be made inspections to determine compliance with the provisions
of this chapter and to determine the cause of an illicit discharge,
in order to safeguard the health, safety, and welfare of the residents
of the Town. The Town is authorized to enter, upon consent of the
owner or facility operator, any premises at any reasonable time or,
in the event of an emergency, at such other time as may be necessary,
without the consent of the owner or facility operator, for the purpose
of determining compliance with this chapter.
A.
The Town 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, the owner or operator of the facility shall take all steps
necessary and make arrangement for the Town and any other person(s)
deemed necessary to have free and complete access to the facility
to make the required inspections.
B.
The Town shall be allowed ready access to all parts of the premises
for the purposes of inspection, sampling, and examination of the facility,
as well as be provided access to and be permitted to copy any and
all documents deemed necessary to implement the provisions of this
chapter.
C.
The Town shall have the right to set up, on any facility subject
to this chapter, such devices as are necessary to conduct monitoring
and/or sampling of the facility's stormwater discharge.
D.
The Town has the right to require 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.
E.
If the Town has been refused access to any part of the premises from
which stormwater is discharged, or there has been a refusal to allow
sampling as part of any routine inspection or sampling program, and
the Town has reasonable cause to believe that a violation of this
chapter has occurred, then the Town may seek the issuance of a search
warrant from any court of competent jurisdiction. The refusal to allow
access to any part of the premises, or to allow for a sample to be
taken, shall be deemed presumptive evidence that a violation exists.
F.
Unreasonable delays in allowing the Town access to a facility subject
to this chapter is a violation of this chapter and shall expose the
owner of the facility, as well as the operator or any other person
responsible for preventing access to the facility, to prosecution
under the provisions provided for in this chapter.
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 results or may result in illegal
discharges or pollutants discharging into the Town 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 the Town of the occurrence
via emergency dispatch services (911). In the event of a release of
nonhazardous materials, said person shall notify the Town, in person,
by telephone or by 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 within three business days
of the nonwritten notification. 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 also be retained for at least three years.
A.
In the event of a violation of this chapter, the Town may order compliance
and issue a written notice of violation, to be served personally or
by certified mail to the violator and the property owner as shown
on the last preceding assessment roll of the Town.
B.
The notice of violation shall contain the following:
(1)
The location of the violation;
(2)
A statement specifying the nature of the violation;
(3)
A description of the corrective measures necessary to remediate
or abate the illicit discharge, which may include restoration of the
property, and a time schedule for the completion of such remedial
action;
(4)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
and
(5)
A statement that the determination of violation may be appealed
to the Town by filing a written notice of appeal within 15 days of
service of the notice of violation.
C.
The notice of violation may further order compliance, including but
not limited to the following:
(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. 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 government agency
or contractor and the expense shall be assessed against the property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
The payment of a fine; and
(6)
The implementation of source control or treatment BMPs.
D.
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
$1,000 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for a 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 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 not less than $2,500
nor more than $5,000 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 unclassified 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.
E.
Any person receiving a notice of violation may appeal the determination
of the Town in writing within 15 days of its issuance. The appeal
notice shall be directed to the Town. A hearing officer, as designated
by the Town Board, shall hear the appeal within 30 days after filing
the appeal and, within five days of the completion of the hearing,
issue a written decision by certified mail or personal service to
the property owner and/or the violator. If the original notice of
violation is sustained, the Town shall issue an order, to be served
by certified mail or personal service, which shall state the corrective
actions to be taken and the required date for completion of all corrective
measures. The filing of an appeal shall not stay or prevent the Town
from taking all necessary emergency corrective measures.
F.
Corrective measures after appeal.
(1)
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 hearing officer's decision upholding
the decision of the Town, then the Town 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, and the cost thereof shall be a charged assessment
against the property and lands, to be collected in the same manner
as real property taxes.
(2)
If refused access to the subject private property, the Town
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 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 and/or property owner and shall be a charge assessed
against the property and lands, to be collected in the same manner
as real property taxes.
G.
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 Attorney may, upon receipt of a permissive resolution from
the Town Board, 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.
H.
Alternative remedies.
(1)
Where a person has violated a provision of this chapter, he
or she may be eligible for alternative remedies in lieu of a civil
penalty, upon the approval of the SMO and the concurrence of the Town
Attorney, upon a determination that:
(a)
The violation was unintentional.
(b)
The violator has no history of previous violations of this chapter.
(c)
The environmental damage was minimal.
(d)
The violator has expeditiously acted to remedy the violation
and the premises is now in full compliance with the provisions of
this chapter.
(e)
The violator has cooperated in the investigation and resolution.
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 that is a threat to public health,
safety, and welfare is declared and deemed to be a public nuisance;
a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken with the permission of the Town Board.
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 Town to seek cumulative
remedies.
