[Adopted 12-2-2014 by L.L. No. 4-2014]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the City of Middletown 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. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the SPDES General Permit for Municipal Separate Storm
Sewer Systems. The objectives of this article are to:
A. Meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B. Regulate the contribution of pollutants to the MS4 since such systems
are not designed to accept, process or discharge nonstormwater wastes;
C. Prohibit illicit connections and discharges to the MS4;
D. Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E. 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.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
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.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-02-01, 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.
DEPARTMENT
The New York State Department of Environmental Conservation.
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:
A.
Any conveyances which allow any 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 enforcement
agency; or
B.
Any 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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4,
except as exempted in this article.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
MS4
Municipal Separate Storm Sewer System.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by the City of Middletown;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
PERSON
Any individual, association, organization, partnership, firm,
corporation, limited-liability company or other entity recognized
by law and acting as either the owner or as the owner's agent.
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,
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
A.
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.
B.
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 of the listed pollutant of concern to the 303(d)
listed water.
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. 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.
D.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by 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 specified in
the TMDL is achieved.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
The Commissioner or Public Works, or his or her designee.
The SMO may also be designated by the municipality to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
municipal board and inspect stormwater management practices.
303(D) LIST
A list of all surface waters in the state for which beneficial
uses of the 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.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a 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
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this article. Such powers
granted or duties imposed upon any authorized enforcement official
may be delegated, in writing, by the SMO or as may be authorized by
the municipality.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
Where the SMO has identified illicit discharges as defined in §
413-2 of this article or activities contaminating stormwater as defined in §
413-7 of this article, the municipality 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 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 as defined in §
413-2 of this article or an activity contaminating stormwater as defined in §
413-7 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 section.
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 municipality 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 municipality, 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 municipality
and the SMO 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.
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, through the Office of the Corporation Counsel of
the municipality, may petition 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. The application
for an injunction is not to be deemed an election of remedies but
is in addition to any other remedy available to the municipality pursuant
to this article.
In addition to the enforcement processes and penalties provided
in this article, any condition caused or permitted to exist in violation
of any of the provisions of this article is or are a threat or threats
to public health, safety, and welfare, and is or are declared and
deemed a nuisance or nuisances, 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 by
the municipality.
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 municipality to seek cumulative
remedies.