[Adopted by the Town Board of the Town of Canandaigua 6-20-2016 by L.L. No. 6-2016. Amendments noted where applicable.
GENERAL REFERENCES
Uniform construction codes — See Ch. 92.
Flood damage prevention — See Ch. 115.
Sanitary sewers — See Ch. 162.
Soil erosion and sedimentation control — See Ch. 165.
Stormwater management — See Ch. 170.
Subdivision of land — See Ch. 174.
Wastewater treatment systems, on-site — See Ch. 202.
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town 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 chapter 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
chapter are:
A.
To meet the requirements of the SPDES general permit for stormwater
discharges from MS4s, Permit GP-0-15-003, as amended or revised;
B.
To regulate the contribution of pollutants 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
chapter; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this chapter, unless a different meaning is
stated in a definition applicable to only a portion of this chapter,
the following terms will have meanings set forth below:
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 DEC
as required by Section 303(d) of the Clean Water Act. Section 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.
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.
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-0-15-002,
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.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and wash water, to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether the drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
Any drain or conveyance connected to the MS4 which has not been
documented in plans, maps, or equivalent records or has not been approved
by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 172-5A(2) of this chapter.
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 the State of New York, 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 multi sector general permit
for stormwater discharges associated with industrial activities, GP-0-12-001,
as amended or revised.
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):
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 state standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards. The condition
that applies if the Town is notified that the discharge of stormwater
authorized under its 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 Town must take all
necessary actions to ensure future discharges do not cause or contribute
to a violation of water quality standards.
Discharge to 303(d)-listed waters. The condition in the Town'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.
Total maximum daily load (TMDL) strategy. The condition in the
Town's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by the 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 Town was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
Future TMDL. The condition in the Town's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which an MS4 discharges. Under this condition
the Town 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 Town 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 permit issued by the DEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
Any Code Enforcement Officer or other official designated
by, and serving at the pleasure of, the Town Board to enforce this
chapter.
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.
The Town of Canandaigua.
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
This chapter shall apply to all water entering the MS4 generated
on any developed and/or undeveloped lands.
The Stormwater Management Officer (SMO) shall administer, implement,
and enforce the provisions of this chapter. Such powers granted or
duties imposed upon the authorized enforcement official shall be authorized
by the Town Board.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater, except as provided in § 172-5A(2) of this chapter. The commencement, conduct or continuance of any discharge to the MS4 not authorized or exempted by this chapter is prohibited.
(2)
The following discharges are exempt from discharge prohibitions established
by this chapter:
(a)
The flushing of water lines or other potable water sources,
landscape irrigation or lawn watering, existing diverted stream flows,
rising groundwater, uncontaminated groundwater infiltration to storm
drains, 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 firefighting activities,
authorized discharges from fire hydrants, and any other water source
not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(b)
Discharges 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 chapter.
(c)
Dye testing in compliance with applicable state and local laws
is an allowable discharge but requires a verbal notification to the
SMO prior to the time of the test.
(d)
A discharge permitted under a SPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the
authority of the DEC, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable
laws and regulations.
B.
Prohibition of Illicit Connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 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 chapter if the
person connects a line conveying sewage to the Town's MS4 or
allows such a connection to continue.
No persons shall operate a failing individual wastewater treatment system in areas tributary to the Town's MS4. A failing individual wastewater treatment system is one which meets the criteria of Chapter 202 of this Code and will require corrective measures in accordance with same.
B.
Such activities include a failing individual sewage treatment system,
improper management of pet waste or any other activity that causes
or contributes to violations of the Town's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities contaminating stormwater, 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 Town's MS4 SPDES permit authorization or the special conditions as defined in § 172-2 of this chapter.
B.
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.
C.
Any person responsible for a property or premises which is, or may
be, the source of an illicit discharge or an activity contaminating
stormwater may be required to implement, at such person's expense,
additional structural and nonstructural BMPs to reduce or eliminate
the source of pollution to the MS4.
D.
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.
E.
Where an individual sewage treatment system is contributing to the Town being subject to the special conditions, as defined in § 172-2 of this chapter, 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)
Have the septic tank inspected annually by a design professional
to determine scum and sludge accumulation. Septic tanks must 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; and
(d)
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems as follows:
(a)
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:
(c)
A written certificate of compliance shall be submitted by the
design professional to the SMO at the completion of construction of
the repair or replacement system.
A.
Any person discharging to the Town MS4 in violation of this chapter
may have its MS4 access terminated if such termination would abate
or reduce an Illicit Discharge. Prior to access termination, the SMO
shall notify the violator, in writing, of the proposed termination
of its MS4 access and the reasons for such termination. A person commits
an offense if the person reinstates MS4 access to premises terminated
pursuant to this section without the prior approval of the SMO.
B.
The SMO may, without prior notice, suspend MS4 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 persons, or to the
MS4. The SMO 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 SMO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of that permit. Proof of compliance with that permit may be required
in a form acceptable to the SMO prior to the allowing of discharges
to the MS4.
A.
The SMO shall be permitted to enter and inspect facilities subject
to regulation under this chapter as often as may be necessary to determine
compliance with this chapter. 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 SMO.
B.
Facility operators shall allow the SMO 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 chapter.
C.
The SMO shall have the right to set up on any facility subject to
this chapter such devices as are necessary in the opinion of the SMO
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
D.
The SMO has the right to require the facilities subject to this chapter
to install monitoring equipment as is reasonably necessary to determine
compliance with this chapter. 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.
E.
A person who is the operator of a facility subject to this chapter
shall not unreasonably delay or deny reasonable access to the facility
by the SMO for the purpose of conducting any activity authorized or
required by this chapter.
F.
If the SMO has been refused access to any part of the premises from
which stormwater is discharged and the SMO is able to demonstrate
probable cause to believe that there may be a violation of this chapter,
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 chapter or any order issued hereunder, then the SMO, upon approval
by the Town Board, may seek issuance of a search warrant from any
court of competent jurisdiction.
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 MS4, such
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, such person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In addition
to the reporting and record requirements of the emergency response
agency, such person shall also notify the SMO 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 SMO 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 and made available to the SMO upon request.
A.
Notice of violation.
(1)
When the SMO finds that a person has violated any provisions of this
chapter, the SMO may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall cease
and desist;
(c)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and reporting; and
(e)
The implementation of source control or treatment BMPs.
(2)
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. Such 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 of that work shall be charged
to the violator.
B.
Penalties.
(1)
In addition to or as an alternative to any penalty provided in this
chapter or by law, any person who violates the provisions of this
chapter shall be guilty of a violation:
(a)
Punishable by a fine not exceeding $1,000 or imprisonment for
a period not to exceed six months, or both, for conviction of a first
offense;
(b)
For conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$1,000 nor more than $5,000 or imprisonment for a period not to exceed
six months, or both; and
(c)
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 $5,000 nor more than $10,000 or imprisonment for a period
not to exceed six months, or both.
(2)
For the purposes of conferring jurisdiction upon courts and judicial
officers generally, violations of this chapter 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.
C.
The SMO may issue appearance tickets for violations of this chapter.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, the SMO, upon approval by the
Town Board, shall request the owner's permission or seek a warrant
from a court of competent jurisdiction for access to the subject private
property to take any and all measures reasonably necessary to abate
the violation and/or restore the property. The costs of implementing
and maintaining such measures shall be recoverable, upon appropriate
proceedings, from the violator.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the Town Board may authorize an action for injunctive relief
in State Supreme Court 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 chapter, the SMO
may, in his or her discretion, find the violator eligible for alternative
remedies, in lieu of enforcement proceedings provided for in this
chapter, 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 chapter is a threat to public health, safety,
and welfare and is declared and deemed a public 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 chapter are not exclusive of any
other remedies available under any applicable federal, state or local
chapter, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.