The intent of this Part 1 is to provide for the health, safety,
and general welfare of the citizens of the Village of Whitesboro 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 Part 1 establishes methods for controlling
the introduction of pollutants of the SPDES General Permit for Municipal
Separate Storm Sewer Systems. The objectives of this Part 1 are:
A. To meet the requirements of the New York State SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended
or revised;
B. To reduce the contribution of pollutants to the municipal separate
storm sewer system since such systems may not be designed to accept,
process or discharge nonstormwater wastes;
C. To prohibit discharges to the municipal separate storm sewer system;
D. To establish legal authority to implement appropriate enforcement
procedures and actions that may be necessary to ensure compliance
with this Part 1.
Whenever used in this Part 1, unless a different meaning is
stated in a definition applicable to only a portion of this Part 1,
the following terms will have the meanings set forth below:
BEST MANAGEMENT PRACTICE (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 the runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage. Best management practices
published by the NYS DEC, US EPA or other similar professional organizations
are generally acceptable for the purposes of this Part 1.
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, 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.
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 DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
240-5 of this Part
1. Examples of illicit discharges may include nonpermitted sanitary sewage, garage drain effluent, or waste motor oil discharges to the municipal separate storm sewer system.
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 provisions of Article 17 of the Environmental
Conservation Law.
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 Village of Whitesboro;
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 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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Municipal Engineer or other public official(s)
designated by the Village of Whitesboro to enforce this Part 1. Within
the Village of Whitesboro the Codes Enforcement Officer (CEO) and
the DPW Superintendent have been designated as the Stormwater Management
Officer. For the purposes of inspection, monitoring and/or review
of stormwater discharges, the municipality may designate a certified
professional, engineer, or consultant to assist the (CEO or SMO) in
carrying out his/her duties.
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 Part 1 shall apply to all water entering the municipal
separate storm sewer system (within the designated MS4 area or within
the entire Village of Whitesboro) that may be generated on any developed
and undeveloped lands unless explicitly exempted as provided for within
these regulations.
The Stormwater Management Officer (SMO) shall administer, implement,
and enforce the provisions of this Part 1.
Where the SMO has identified an illicit discharge, the municipality
may require the implementation of best management practices (BMPs)
to prevent, control and/or reduce those illicit discharges.
A. Any person responsible for a property or premises, which is, or may
be, the source of an illicit discharge may be required to implement,
at said person's expense, structural and nonstructural BMPs to further
prevent, control, reduce or eliminate the source of pollutant(s) to
the municipal separate storm sewer system.
B. In an effort to prevent potential illicit discharges, the owner of
a commercial or industrial establishment (within the designated MS4
area or within the entire Village of Whitesboro) shall provide, at
their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal separate
storm sewer system through the use of structural and nonstructural
BMPs. Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity shall be deemed in 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 municipal storm sewer system.
C. Where an individual sewage treatment system has been identified as an illicit discharge to the municipal separate storm sewer system or may be contributing to the municipality being subject to the special conditions as defined in §
240-6D of this Part
1, the owner or operator of such individual sewage treatment system shall be required to:
(1) Maintain and operate individual sewage treatment systems as follows:
(a)
Inspect the septic tank annually to determine scum and sludge
accumulation. The septic tank shall be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee or the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee.
(b)
Avoid the use of septic tank additives.
(c)
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes, and household chemical.
(d)
Avoid the disposal of cigarettes butts, disposable diapers,
sanitary napkins, trash and other such items.
(e)
Pump out the tank every two to three years as necessary. Pumping
may be more or less frequent depending on use. Inspection of the tank
for cracks, leaks or blockages should be done by the septage hauler
at the time of pumping of the tank contents.
(f)
Maintain records of inspection and pumping as outlined above
and provide such records to the SMO upon request.
(2) Repair or replace individual sewage treatment systems as follows:
(a)
Repair or replace individual sewage treatment systems in accordance
with 10 NYCRR Appendix 75A to the maximum extent practicable.
(b)
A design professional licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
relocating or extending and absorption area to a location not previously
approved for such; installation of a new subsurface treatment system
at the same location; use of alternate system or innovative system
design or technology.
(c)
A written certificate of compliance shall be submitted by the
design professional to the municipality at the completion of construction
of the repair or replacement system.
D. Special conditions.
(1) 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 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.
(2) 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.
(3) 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.
(4) 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.
Notwithstanding other requirements of law, as soon as any owner,
operator and/or 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 municipality's separate storm sewer system, 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
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
record of the discharge and the actions taken to prevent it recurrence.
Such records shall be retained for at least three years.
Any person, owner or operator receiving a notice of violation
may appeal the determination of the SMO to the Village Board of Trustees
within 15 days of its issuance. The Village Board of Trustees shall
hear the appeal within 30 days after the filing of the appeal, and
within five days of making its decision, shall file its decision in
the office of the Municipal Clerk and mail a copy of its decision
by certified mail to the person, owner or operator as the case may
be.
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 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 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 authorized enforcement
agency to seek cumulative remedies.