[Adopted 10-15-2007 by L.L. No. 3-2007 (Ch. 114, Art. I, of
the 1987 Code)]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Liverpool through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process and the State Pollutant
Discharge Elimination System (SPDES). The objectives of this article
are:
A. To meet the requirements of the SPDES general permit for stormwater
discharges from the municipal separate storm sewer system (MS4) issued
by the Department.
B. To regulate the contribution of pollutants to the MS4 by discharges
of pollutants that the system is not designed to accept or process;
or discharge nonstormwater wastes, by any user.
C. To prohibit illicit connections and discharges to the municipal separate
storm sewer system.
D. To establish legal authority to carry out required inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet wastes, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous wastes, sediment and other pollutants into the MS4.
For the purposes of this article, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Superintendent of Public Works, the Code Enforcement
Officer(s) and designated employees or designees of the Public Works
Department and Code Enforcement Department.
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 issued by the
Department, as amended or revised. These activities include construction
projects resulting in land disturbance of one or more acres or cumulatively
resulting in one acre or more. 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 any conveyances which allow any nonstormwater discharge
including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the MS4 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 system which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
316-5 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable under the applicable provisions of Article 17
of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY
Activities subject to SPDES permit for the discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
MUNICIPAL SEPARATE STORMWATER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains owned and operated by
the Village of Liverpool, designed or used for collecting or conveying
stormwater and not used for collecting or conveying sewage.
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
Anything which causes or contributes to pollution, including
but not limited to dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, paints,
varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building or structure; and noxious or offensive
matter of any kind, heat, wrecked or discarded equipment or objects,
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
Conditions which meet any of the following requirements:
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 the reasonable potential to cause or contribute to the violation
of any 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 into a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase in the listed pollutant of concern to the 303(d)
listed water(s).
C.
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 EPA for
a water body or watershed into which the MS4 discharges.
D.
The condition in the municipality'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
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 in the
TDML is achieved.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, including rainwater,
surface runoff, snowmelt and drainage.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of 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 (TMDL)
The maximum amount of 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
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain
system generated on any developed and/or undeveloped lands unless
explicitly exempted by an authorized enforcement agency.
The Department of Public Works shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Department of Public Works may be delegated
in writing by the Superintendent of the Department of Public Works.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the municipalities 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.
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 Department of Public Works prior to the
allowing of discharges to the MS4.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. 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.
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 stormwater, the
MS4 system, or state waters, 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 authorized enforcement agency
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 Superintendent of Public Works
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 as required by the state
record retention schedule.
Any person receiving a notice of violation may appeal the determination
of the Superintendent of Public Works. The notice of appeal must be
received within five days from the date of the notice of violation
to the Village Clerk. Hearing on the appeal before the Village Board
shall take place within 15 days from the date of receipt of the notice
of appeal. The decision of the Village Board shall be final.
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 10 days of the decision of the Village Board upholding the
decision of the Superintendent of Public Works, then representatives
of the Department of Public Works shall enter upon the subject private
property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
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 five days. If the
amount due is not paid within a timely manner as determined by the
decision of the Village Attorney 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 article. If
a person has violated or continues to violate the provisions of this
article, the Superintendent of Public Works 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 lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the Superintendent of Public Works, upon
recommendation of the Village Attorney, may impose upon the violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc. This would
be available where the violation was unintentional, the violator has
no previous violations of this article, environmental damage was minimal,
the violator acted quickly to remedy the violation and the violator
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 article 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.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of $350 per violation
per day and/or imprisonment for a period of time not to exceed 60
days. The Superintendent of Public Works may recover all attorneys'
fees court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
The remedies listed in this article 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.