The stormwater management system operator (SMSO) shall administer,
implement, and enforce the provisions of this Part 1. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMSO as may be authorized by the
Town.
Where the SMSO has identified illicit discharges or illicit connections or activities contaminating stormwater, as defined in §
188-3 and as set forth in §§
188-5 and
188-6 above, the SMSO and Town may require implementation of best management practices (BMPs) to control those illicit discharges, connections and activities. Similarly, in response to a notice of violation, BMPs shall be employed, as necessary.
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 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 connection, 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 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.
The following provisions apply to illicit discharges resulting
from emergency situations:
A. The SMSO 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 MS4. The SMSO 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 SMSO may take such steps as deemed necessary to
prevent or minimize damage to the MS4 or to minimize danger to persons.
Any costs related to the emergency actions taken by the SMSO shall
be the responsibility of the violator.
B. Suspension due to the detection of illicit discharge. Any person discharging to the Town's MS4 in violation of the provisions of this Part
1 may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMSO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMSO for a reconsideration and hearing. Access may be granted by the SMSO if the SMSO finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMSO determines in writing 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 SMSO.
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 SMSO prior to the allowing of discharges
to the MS4.
This section applies to all facilities that the SMSO must inspect to enforce any provision of this Part
1, 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 Part
1.
A. A person shall permit the SMSO to enter and inspect facilities subject
to regulation under this Part 1 as often as may be necessary to determine
compliance with the provisions of this Part 1. 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 SMSO.
B. Facility operators shall allow the SMSO ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement the provisions
of this Part 1.
C. The Town shall have the right to set up on any facility subject to
this Part 1 such devices as are necessary in the opinion of the SMSO
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
D. The Town has the right to require the facilities subject to this
Part 1 to install monitoring equipment as is reasonably necessary
to determine compliance with the provisions of this Part 1. 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. Any unreasonable delay in allowing the Town access to a facility
subject to this Part 1 is a violation of this Part 1. A person who
is the operator of a facility subject to this Part 1 commits an offense
if the person denies the Town reasonable access to the facility for
the purpose of conducting any activity authorized or required by this
Part 1.
F. If the SMSO has been refused access to any part of the premises from
which a discharge is occurring, and the SMSO is able to demonstrate
probable cause to believe that there may be a violation of this Part
1, 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 Part 1 or any order issued hereunder, then the SMSO may seek
issuance of a search warrant from any court of competent jurisdiction.
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 is 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 (NYSDEC
Spill Hotline: 1-800-457-7362) and the Town of Lewisboro (914-763-3166).
In the event of a release of nonhazardous materials, said person shall
notify the Town of Lewisboro in person or by telephone (914-763-3166)
or facsimile (914-763-8134) 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 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 SMSO to the Town Board within 15 days of its issuance. The
Town Board 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 Town Clerk and mail a copy of its decision
by certified mail to the discharger.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Part 1. If
a person has violated or continues to violate the provisions of this
Part 1, the SMSO may apply to a court of competent jurisdiction 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
in this Part 1, any condition caused or permitted to exist in violation
of any of the provisions of this Part 1 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 1 are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the SMSO and Town to seek
cumulative remedies.