[Adopted 12-19-2007 by L.L. No. 3-2007]
The intent of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of New Hartford
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 municipal
separate storm sewer system in order to comply with requirements of
the SPDES General Permit for municipal separate storm sewer systems.
The objectives of this article 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 illicit 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 article.
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. Best management practices
published by the NYS DEC, US EPA or other similar professional organizations
are generally acceptable for the purposes of this article.
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 §
98-6 of this article. 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 New Hartford;
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 New Hartford to enforce this article.
Within the Village of New Hartford the Zoning Officer has 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 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 article shall apply to all water entering the municipal
separate storm sewer system within the designated MS4 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 article.
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 or
operator of a commercial or industrial establishment within the designated
MS4 area shall provide, at his/her 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 §
98-6D of this article, 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 chemicals;
(d)
Avoid the disposal of cigarette 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 and blockages should be done by the septage hauler
at the time of pumping of the tank contents; and
(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:
[1]
Relocating or extending an absorption area to a location not
previously approved for such.
[2]
Installation of a new subsurface treatment system at the same
location.
[3]
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 TMDLs approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
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 article, 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 article.
A. 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 article
as often as may be necessary to determine compliance with this article.
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 article will
be in violation of this article if he/she denies the municipality
reasonable access to the facility for the purpose of conducting any
activity authorized or required by this article. Unreasonable delays
in allowing the municipality access to a facility subject to this
article will be considered a violation of this article.
(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 of records as may be required to
implement this article.
(4) The municipality shall have the right to set up on any facility subject
to this article 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 article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. 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 article, 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 article
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
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, 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.
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 application federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.