[HISTORY: Adopted by the Board of Trustees of the Village
of Lake George as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-8-2016 by L.L.
No. 2-2016]
A.
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Village of Lake George
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 MS4 in order
to comply with requirements of the SPDES General Permit for Municipal
Separate Storm Sewer Systems. The objectives are as follows:
(1)
Meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
(2)
Regulate the contribution of pollutants to the MS4 since such systems
are not designed to accept, process or discharge nonstormwater wastes;
(3)
Prohibit illicit connections, activities and discharges to the MS4;
(4)
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
(5)
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.
B.
This article is adopted pursuant to the authority granted to the
Board of Trustees under Article 10 of the Municipal Home Rule Law
of the State of New York.
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:
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. 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 practice 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-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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
Any material, including a 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, 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 conveyance which allows 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 said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
Any drain or conveyance from a commercial or industrial land
use to the MS4 which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 180-5 of this article.
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.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, 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, 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.
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 where the Village has been 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 Village
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
303(d)-Listed waters. The condition in the Village'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
Village'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.
The condition, if any, in the Village'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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the municipal engineer or other public official(s)
designated by the Village of Lake George to enforce this article.
The SMO may also be designated by the Village to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
municipal board and inspect stormwater management practices. Unless
otherwise designated by resolution of the Board of Trustees of the
Village of Lake George, the SMO for the Village of Lake George shall
be the same individual serving as the Code Enforcement Officer of
the Village of Lake George.
Total maximum daily load.
The maximum amount of 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 Village of Lake George.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement and enforce the provisions of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department 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 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, 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 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 article.
(3)
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.
(4)
The prohibition shall not apply to any discharge permitted under
any SPDES permit, waiver or waste discharge order issued to the discharger
and administered under the authority of the Department, 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 MS4.
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 article if the
person connects a line conveying sewage to the Village's MS4,
or allows such a connection to continue.
A.
No persons shall operate a failing individual sewage treatment system
in areas tributary to the Village's MS4. A failing sewage treatment
system is one which has one or more of the following conditions:
(1)
The backup of sewage into a structure.
(2)
Discharges of treated or untreated sewage onto the ground surface.
(3)
A connection or connections to a separate stormwater sewer system.
(4)
Liquid level in the septic tank above the outlet invert.
(5)
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
(6)
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include failing individual sewage treatment systems as defined in § 180-7, improper management of pet waste or any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Village's MS4 SPDES
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 MS4 SPDES permit authorization.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 180-2 or activities contaminating stormwater as defined in § 180-7, the Village may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
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.
(2)
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in § 180-2 or an activity contaminating stormwater as defined in § 180-7, 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 MS4.
(3)
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.
B.
Individual sewage treatment systems. Where individual sewage treatment systems are contributing to the Village's being subject to the special conditions as defined in § 180-2 of this article, the owner or operator of such individual sewage treatment systems 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. 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 Village at the completion of construction
of the repair or replacement system.
A.
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 steps as deemed necessary to prevent or
minimize damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the Village's MS4 in violation of this article
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMO will notify a violator, in
writing, of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMO for a reconsideration
and hearing. Access may be granted by the SMO if the SMO determines,
in writing, that the illicit discharge has not ceased or is likely
to recur. A person commits an offense if the person reinstates the
MS4 access to premises terminated pursuant to this section, without
the prior approval of the SMO.
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 MS4.
A.
Applicability. This section applies to all facilities that the SMO
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 SMO 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 SMO.
(2)
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 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
SMO 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)
Unreasonable delays in allowing the Village 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 Village reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this article.
(6)
If the SMO 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 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, 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 Village's SMO finds that a person
has violated a prohibition or failed to meet a requirement of this
article, he/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, analysis, and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property are 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.
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 a conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine of not more than $700 or imprisonment for a period not to
exceed six months, or both; and 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 $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 day's continued violation shall
constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Board of Trustees of the Village of Lake George
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.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO shall request the
owner's permission for access to the subject private property
to take any and all measures reasonably necessary to abate the violation
and/or restore the property.
B.
If refused access to the subject property, the SMO may seek a warrant
in a court of competent jurisdiction to be authorized to enter upon
the property to determine whether a violation has occurred. Upon determination
that a violation has occurred, the SMO may seek a court order to take
any and all measures reasonably necessary to abate the violation and/or
restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
If 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.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Municipal Code Enforcement Officer, where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any 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.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgement shall be rendered.
This article shall take effect upon filing in the office of
the Secretary of State of New York State in accordance with Section
27 of the Municipal Home Rule Law.
