[Adopted 12-7-2006 by L.L. No. 6-2006]
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:
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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.
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.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system.
The Village of Whitesboro.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
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.
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.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
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.
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.
A.
Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the municipal separate storm sewer system any materials other than stormwater. The commencement, conduct or continuance of any illicit discharge to the municipal separate storm sewer system is prohibited except as described with Subsections C and D.
B.
Prohibition of discharges from failing individual sewage treatment
systems. No persons shall operate a failing individual sewage treatment
system in any area of the Village of Whitesboro or in designated MS4
areas that will result in an illicit discharge to the municipality's
separate storm sewer system. A failing individual sewage treatment
system is one which has one or more of the following conditions:
(1)
The backup of sewage into a structure.
(2)
A discharge of treated or untreated sewage onto the ground surface.
(3)
A connection or connections to a separate stormwater sewer system.
(4)
A liquid level in the septic tank that is above the outlet invert.
(5)
A 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.
(6)
The contamination of off-site groundwater.
C.
Discharges exempt from regulation. The following discharges are exempt
from the discharge prohibitions established by this Part 1, unless
the Department or the municipality has determined them to be substantial
contributors of pollutants:
(1)
Discharges from water line flushing; discharges directly from potable
water sources; residential landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater or uncontaminated
groundwater infiltration to storm drains; uncontaminated pumped groundwater;
uncontaminated water from foundation or footing drains; crawl spaces
or basement sum pumps; air-conditioning condensate; uncontaminated
irrigation water; springs; water from individual residential car washing;
natural riparian habitat or wetland flows; dechlorinated swimming
pool discharges; residual street wash water; discharges or flows from
fire-fighting activities; and any other water source not containing
pollutants.
D.
Other permitted or approved discharges.
(1)
Certain discharges may be permitted if approved, in writing, by the
SMO to protect life or property from imminent harm or damage, provided
that such approval shall not be construed to constitute compliance
with other applicable laws and requirements, and further provided
that such discharges may be permitted for a specified time period
and under such conditions as the SMO may deem appropriate to protect
such life and property while reasonably maintaining the purpose and
intent of this Part 1.
(2)
Water discharges resulting from dye testing may be allowed if such
discharge is in compliance with applicable state and local laws. Such
discharges require a verbal notification to the SMO prior to the time
of the test.
(3)
The prohibition of certain discharges shall not apply to any discharge
permitted under an SPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Department, provided that the discharger is in full compliance with
all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the MS4.
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.
A.
The SMO may, without prior notice, suspend discharge access to the
municipal separate storm sewer system 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 municipal separate storm sewer system.
The SMO shall notify the owner or operator, in writing, of such suspension
within a reasonable time thereafter of the reasons for the suspension.
If the owner or operator fails to comply with a suspension order issued
in an emergency, the SMO may take such steps as deemed necessary to
prevent or minimize damage to the municipal separate storm sewer system
or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's separate storm sewer system that
is in violation of this Part 1 may have their discharge access terminated
if such termination would abate or reduce an illicit discharge. The
SMO will notify the owner or operator, in writing, of the proposed
termination of its discharge access and the reasons therefor. The
owner or operator may petition the SMO for a reconsideration or hearing.
Access may be granted by the SMO if he/she finds that the illicit
discharge has ceased and the discharger has taken steps to prevent
its recurrence. Access may continue to be denied if the SMO determines,
in writing, that the illicit discharge has not ceased or is likely
to recur. No owner or operator shall reinstate access to the municipal
separate storm sewer system without the prior approval of the SMO.
A.
This section applies to all facilities and/or properties that the SMO and/or other designated representative of the municipality must inspect to enforce any provision of this Part 1, or whenever the municipality 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.
B.
Access to facilities.
(1)
Upon written notice to the owner or operator, the SMO and/or other
designated representative of the municipality shall be permitted to
enter and inspect facilities subject to regulation under this Part
1 as often as may be necessary to determine compliance with this Part
1. If the owner or operator has security measures in force which require
proper identification and clearance before entry into its premises,
they shall make the necessary arrangements to allow access by the
SMO and/or other designated representative of the municipality within
24 hours.
(2)
The owner or operator of a facility subject to this Part 1 will be
in violation of this Part 1 if he/she denies the municipality reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this Part 1. Unreasonable delays in allowing
the municipality access to a facility subject to this Part 1 will
be considered a violation of this Part 1.
(3)
The owners or operators of such facilities shall allow the municipality
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying records as may be required to implement
this Part 1.
(4)
The municipality 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
SMO or other designated representative of the municipality, to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(5)
The municipality has the right to require the facilities subject
to this Part 1 to install monitoring equipment as is reasonably necessary
to determine compliance with 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.
(6)
If the SMO or other designated representative of the municipality
has been refused access to any part of the premises from which stormwater
is discharged, and he/she 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 SMO may seek issuance of
a search warrant from any court of competent jurisdiction.
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.
A.
Notice of violation. When the municipality's SMO finds that a person
has violated a prohibition or failed to meet a requirement of this
Part 1, he/she may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(1)
The elimination of illicit charges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
B.
Penalties. In addition to or as an alternative to any penalty herein
or by law, any person who violates the provisions of this Part 1 shall
be guilty of a violation punishable by a fine not exceeding $350 or
imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for a conviction of a second offense both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purposes of conferring jurisdiction upon courts and
judicial officers generally, violations of this Part 1 shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute separate additional violations.
C.
The Board of Trustees of the Village of Whitesboro is hereby authorized
to modify the schedule of penalties by resolution from time to time
which shall be appended to this Part 1 for implementation upon approval
thereof.
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.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then the SMO shall request the
owner's permission for access to the subject private property to take
any and all measures reasonably necessary to abate the violation and/or
restore the property. In the event of an appeal, within five business
days of the decision of the municipal authority upholding the decision
of the SMO, then the SMO shall request the owner's permission for
access to the subject private property to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
B.
If refused access to the subject private property, the SMO may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
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 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.
A.
Where a person has violated a provision of this Part 1, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Municipal Attorney and concurrence of the SMO,
where:
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.
