The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Elma 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 contaminants into the
MS4 in order to comply with the requirements of the SPDES General
Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02. 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;
B. To regulate the contribution of contaminants 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 contaminants into the MS4.
Where the CEO has identified an illicit discharge or an activity contaminating stormwater, as defined in §
115-168, 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 their 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 §
115-168, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of contaminant(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 illicit discharges or contaminants 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 CEO 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 CEO 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.