[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 4-29-2008 by L.L. No. 12-2008 (Ch. 445, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds that Suffolk County owns and operates
a municipal separate storm sewer system ("municipal system").
B.
This Legislature further finds that the County is required to implement
a local law to enforce local programs to detect and eliminate illicit
discharges and illicit connections to the municipal system and reduce
the discharge of pollutants into the municipal system pursuant to
33 U.S.C. § 1342, the rules and regulations promulgated
thereunder and New York Environmental Conservation Law Article 17,
Title 8.
C.
This Legislature further finds it necessary to provide for the health,
safety, and general welfare of the citizens of Suffolk County by protecting
against illicit discharges and illicit connections to the municipal
system that result in:
(1)
An increase of a pollutant of concern;
(2)
A violation of a total maximum daily load allocation;
(3)
A violation of a federal or state water quality standard; or
(4)
A violation
of the State Pollutant Discharge Elimination System General Permit
No. GP-02-02, as amended, for stormwater discharges from municipal
separate storm sewer systems, issued by the New York State Department
of Environmental Conservation to Suffolk County pursuant to New York
State Environmental Conservation Law Article 17, Title 8.
D.
This Legislature further finds that the above General Permit No.
GP-02-02, as amended, also requires the County to implement a local
law to detect and prohibit illicit discharges to the municipal system
and to implement appropriate enforcement procedures and actions.
E.
This Legislature further finds it necessary to establish a mechanism
to recoup the cost of detecting and eliminating illicit discharges
and illicit connections to the municipal system and the cost of damages
to the municipal system caused by nonstormwater discharges.
F.
Therefore, the purpose of this article is to create a local law for
controlling illicit discharges and illicit connections into the municipal
system, to protect the health and safety of the citizens of Suffolk
County, and to establish an enforcement program to accomplish these
goals.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Public
Works, or his designee.
A test to determine whether a connection to the municipal
system exists.
Any drain or conveyance, whether on the surface or subsurface,
direct or indirect, which allows an illicit discharge to the municipal
system.
Any direct or indirect nonstormwater discharge to the municipal system, except as exempted in § 759-4 of this article.
An employee of Suffolk County empowered to administer and
enforce the illicit discharge detection and elimination component
of the stormwater management program.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, retention basins, outfall structures or
storm drains):
A substance on the most current list prepared by the Commissioner
of the Suffolk County Department of Public Works, on file with the
Office of the Clerk of the County Legislature, which specifies the
primary pollutants causing pollution of water bodies listed pursuant
to Section 303(d) of the Clean Water Act [33 U.S.C. § 1313(d)].
Any individual, corporation, association, partnership, or
other entity recognized by law causing or permitting to be caused
a violation of this article.
Rainwater, surface runoff, snowmelt and drainage.
An employee of Suffolk County designated to provide overall
management and oversight of the stormwater management program.
The maximum amount of a pollutant allowed to be released
under Section 303(d) of the Clean Water Act and regulations promulgated
thereunder.
Such measure of purity or quality for any waters in relation
to their reasonable and necessary use as may be established by:
The New York State Department of Environmental Conservation
pursuant to New York Environmental Conservation Law § 17-0301
and 6 NYCRR Parts 700 through 706;
The New York State Department of Health, pursuant to the Public
Health Law; or
The United States Environmental Protection Agency, pursuant
to the Clean Water Act.
A.
In the event of any illicit discharge, the responsible discharger
shall immediately notify the appropriate emergency response agencies
and the Commissioner, and take all necessary steps to investigate,
contain, eliminate and abate or remediate such release as required
by any federal, state or local law.
B.
The responsible discharger shall, as soon as reasonably practicable
after an illicit discharge, notify the Commissioner in writing of
such discharge. Such notification shall contain information required
by the rules and regulations promulgated hereunder.
C.
The owner or operator of a commercial or industrial establishment
at which the illicit discharge occurs shall retain on-site a written
record of the discharge and those actions taken to prevent recurrence
of the illicit discharge. Such records shall be retained for a period
of three years as measured from the date of the illicit discharge.
D.
The remediation requirements set forth in this section shall not
be construed to constitute compliance with other applicable laws,
rules or regulations.
A.
The following discharges shall be exempt from the prohibitions of
this article unless such discharges have been previously determined
to be substantial contributors of pollutants by the Suffolk County
Department of Health Services or the New York State Department of
Environmental Conservation:
(1)
Water line flushing or other potable water sources;
(2)
Landscape irrigation or lawn watering;
(3)
Existing diverted stream flows;
(4)
Rising groundwater;
(5)
Uncontaminated groundwater infiltration to storm drains;
(6)
Pumped groundwater;
(7)
Uncontaminated water from foundation or footing drains, crawl spaces
or basement sump pumps;
(8)
Air-conditioning condensate;
(9)
Water from individual residential car washings;
(10)
Dechlorinated swimming pool discharges;
(11)
Residential street washwater; and
(12)
Discharges from fire-fighting activities.
B.
The Commissioner may, in writing, approve an exemption which authorizes
a discharge necessary to protect life or property from imminent harm
or damage; provided, however, that such approval shall not be construed
to constitute compliance with other applicable laws, rules and regulations,
and further provided that such approval shall contain such conditions
as deemed appropriate in the Commissioner's sole discretion.
C.
The Commissioner may, in writing, approve an exemption which authorizes
a dye testing discharge; provided, however, that such approval shall
not be construed to constitute compliance with other applicable laws,
rules and regulations, and further provided that such approval shall
contain such conditions as deemed appropriate in the Commissioner's
sole discretion.
D.
The prohibitions in this article shall not apply to any discharge
permitted under a National Pollutant Discharge Elimination System
Permit issued pursuant to 33 U.S.C. § 1342, a State Pollutant
Discharge Elimination System permit issued pursuant to New York Environmental
Conservation Law Article 17, Title 8, and any waiver or waste discharge
order issued to the discharger under the authority of an authorized
governmental agency; provided, however, that the discharger is in
full compliance with such permit, waiver or order.
E.
The exemptions set forth in this section shall not be construed to
constitute compliance with other applicable laws, rules or regulations.
A.
The Commissioner, in consultation with the Suffolk County Department
of Health Services and the Suffolk County Department of Environment
and Energy, shall promulgate such rules and regulations as deemed
necessary and appropriate for the implementation and enforcement of
any provision of this article. Such rules shall govern the conduct
of adjudicatory proceedings and appeals, and the Commissioner is hereby
authorized and empowered to consult with the County Attorney to draft
such rules providing for due process procedural mechanisms.
B.
The Suffolk County Department of Health Services and the Suffolk
County Department of Environment and Energy are hereby authorized,
empowered and directed to provide such resources to the Commissioner
as may be needed to implement this article.
C.
The Commissioner is hereby authorized, empowered and directed to
appoint one or more Stormwater Management Officers and Illicit Discharge
and Detection Elimination Enforcement Officers, from the ranks of
personnel of the Department of Public Works, the Suffolk County Department
of Health Services or the Suffolk County Department of Environment
and Energy, and, upon consultation with said department management,
may refer one or more functions necessary for the implementation of
this article to those departments.
B.
Any violation of any provision this article shall be subject to a
civil penalty, in an amount not less than $250 nor more than $1,000.
C.
Each day of continued violation not corrected to the Commissioner's
satisfaction in compliance with this article shall constitute a separate
additional violation.
The County Attorney or the Suffolk County District Attorney
may commence legal proceedings to restrain, prevent and enjoin a violation
of this article or any rule or regulation promulgated hereunder, to
seek civil penalties, equitable remedies, damages, criminal fines
and sanctions, and such other and further relief as may be deemed
appropriate.
This article shall apply to all illicit discharges and illicit
connections occurring on or after the effective date of this article.
