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:
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 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.
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.
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-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.
DEC
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 CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
A.
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
B.
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.
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 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.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES multi sector general permit
for stormwater discharges associated with industrial activities, GP-0-12-001,
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 Town;
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 state standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
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.
B.
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.
C.
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.
D.
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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
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.
TOWN
The Town of Canandaigua.
WASTEWATER
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.
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.
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.
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.
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.
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.