A.
No person shall discharge or cause to be discharged into the stormwater
system any materials other than stormwater except as provided below.
The commencement, conduct or continuance of any illegal discharge
to the stormwater system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless NYSDEC or the Village has determined them
to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm sewers, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved, in writing, by the Superintendent 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 Superintendent may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this
article.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge with a verbal notification to the Superintendent
prior to the time of the test.
(4)
The prohibition of illegal discharges shall not apply to any discharge
permitted under a SPDES permit, waiver, or waste discharge order issued
to the discharger and administered under the authority of NYSDEC,
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 stormwater system.
B.
Illicit connections prohibited.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the stormwater system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the stormwater system,
or allows such a connection to continue.
C.
Activities contaminating stormwater prohibited.
(2)
Such activities include improper management of pet waste or any other
activity that causes or contributes to violations of the Village's
stormwater system SPDES stormwater discharge permit authorization.
(3)
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Village's stormwater
system SPDES stormwater discharge permit authorization, that person
shall take all reasonable actions to correct such activities such
that he or she no longer causes or contributes to violations of the
Village's stormwater system SPDES stormwater discharge permit
authorization.
D.
Prevention, control and reduction of stormwater pollutants by use
of best management practices.
(1)
Best management practices. Where the Superintendent has identified
illicit discharges or an activity contaminating stormwater, as defined
in this article, the Village may require implementation of BMPs to
control those illicit discharges and activities.
(2)
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 stormwater system through the use of structural and nonstructural
BMPs.
(3)
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 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 stormwater
system.
(4)
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.
A.
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 Village prior to the allowing of discharges
to the stormwater system.
B.
Suspension of access to stormwater system.
(1)
Illicit discharges in emergency situations. The Superintendent may,
without prior notice, suspend stormwater system discharge access to
a person 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 people, or to the
stormwater system. The Superintendent shall notify the person of such
suspension within a reasonable time thereafter, in writing, of the
reasons for the suspension. If the violator fails to comply with a
suspension order issued in an emergency, the Superintendent may take
such steps as deemed necessary to prevent or minimize damage to the
stormwater system or to minimize danger to people.
(2)
Suspension due to the detection of illicit discharge. Any person
discharging to the stormwater system in violation of this article
may have his or her stormwater system access terminated if such termination
would abate or reduce an illicit discharge. The Superintendent will
notify a violator, in writing, of the proposed termination of its
stormwater system access and the reasons therefor. The violator may
petition the Superintendent for a reconsideration and hearing. Access
may be granted by the Superintendent if he/she finds that the illicit
discharge has ceased and the discharger has taken steps to prevent
its recurrence. Access may be denied if the Superintendent determines,
in writing, that the illicit discharge has not ceased or is likely
to reoccur. A person commits an offense if the person reinstates stormwater
system access to the premises terminated pursuant to this section
without the prior approval of the Superintendent.
A.
Applicability. This section applies to all facilities that the Superintendent
must inspect to enforce any provision of this article, or whenever
the authorized enforcement agency has cause to believe that there
exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The Superintendent 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 a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the Superintendent.
(2)
Facility operators shall allow the Superintendent 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.
(3)
The Village shall have the right to set up on any facility subject
to this article such devices as are necessary in the opinion of the
Superintendent to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Village 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.
(5)
An unreasonable delay in allowing the Superintendent access to a
facility subject to this article is a violation of this article. A
person who is the operator of a facility subject to this article commits
an offense if the person denies the Superintendent reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
(6)
If the Superintendent 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
Superintendent may seek issuance of a search warrant from any court
of competent jurisdiction.
C.
Notification of spills. 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 stormwater 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 Village, 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 Village 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.
A.
Notice of violation. When the Superintendent finds that a person
has violated a prohibition or failed to meet a requirement of this
article, he or she may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)
The elimination of illicit connections or discharges;
(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)
That the Village will seek civil remedies or criminal penalties, including the imposition of a criminal fine, as provided in Subsection B; 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 provided
herein or by law, any person who violates the provisions of this article
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 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 of
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 article
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 a separate additional
violation.
