All terms used in this article shall have the meanings given to them in §
270-4 of this chapter, except that when used in this article, the term "pollutant" shall have the following meaning:
POLLUTANT
Dredged spoil, 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,
and agricultural waste and ballast discharged into water, any of which
may cause or might reasonably be expected to cause pollution of the
waters of the state in contravention of water quality standards.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Lewiston through
the regulation of nonstormwater discharges to the MS4 to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with the requirements of the SPDES
General Permit for MS4s. The objectives of this article are:
A. To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, 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
article; and
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, contaminated
water, grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Where the SMO has identified an illicit discharge or an activity contaminating stormwater, as defined in §
270-40 of this article, the Town may require implementation of 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 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, as defined in §
270-40 of this article, 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 article.
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 the allowing of discharges
to the MS4.
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 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. In the
event of a release of nonhazardous materials, said person shall notify
the Town 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 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 SMO to the Town Board within 15 days of its issuance, which
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 municipal 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 article. If
a person has violated or continues to violate the provisions of this
article, the SMO 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 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.
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.