[HISTORY: Adopted by the Town Board of the Town of New Paltz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-2016 by L.L. No. 2-2017[1]]
[1]
Editor's Note: This local law was originally adopted as Ch.
136 but was renumbered to maintain the organization of the Code.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of New Paltz 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 of this article are:
A.
To meet the requirements of the current SPDES General Permit for
Stormwater Discharges from MS4s, as that General Permit may hereafter
be 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
article; 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 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. 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-0-015-02,
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, licensed architect,
registered landscape architect or other NYSDEC recognized professionals
qualified by training or experience, such as certified professional
in erosion control (CPESC) and certified professional in stormwater
quality (CPSWQ). All components that involve the practice of engineering,
as defined in the New York State Education Law (see Article 145) shall
be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in this State of New York.
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 said drain or connection
had been previously allowed, permitted, or approved by an authorized
enforcement agency; or
Any drain or conveyance connected 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 § 115-6 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 current SPDES General Permit for
Stormwater Discharges from Industrial Activities Except Construction,
as that General Permit may be 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):
The Town of New Paltz.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation, limited-liability company, or other entity recognized
by law and acting as either the owner of any interest in real property,
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 New York State water quality standards
set forth in 6 NYCRR 703.
Any building lot, parcel of land, or portion of land, whether
improved or unimproved, including improvements on such land, and adjacent
sidewalks and parking strips under the control of the owner or operator
of such lot or land.
Discharge compliance with water quality standards. The condition
that applies where a municipality 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 municipality
must take all necessary actions to ensure future discharges do not
cause or contribute to that violation of water quality standards.
303(d) listed waters. The condition in the municipality'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
municipality's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for
a water body or watershed into which the MS4 discharges.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition the municipality
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 municipality 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 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 Town of New Paltz to enforce this article. The SMO
may also be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
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.
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 that
is generated on any developed or undeveloped lands, unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Management Officer(s) (SMO) shall administer,
implement, and enforce the provisions of this article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMO as may be authorized by the
municipality.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application 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 § 115-6A(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 municipality has determined
them to be substantial contributors of pollutants: waterline 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
an 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 duly granted by the Department
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, whether or not such connection is in use,
is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was then 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 municipality's
MS4, or allows such a connection to continue.
No person shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing
individual sewage treatment system is one which has been determined
by the SMO, or an agency with jurisdiction over such system, to meet
one or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground surface.
C.
A connection or connections to a separate stormwater sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
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.
F.
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, but are not limited to, failing individual sewage treatment systems as defined in § 115-7, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification by the SMO to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality'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 municipality's MS4 SPDES
permit authorization.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 115-2 or activities contaminating stormwater as defined in § 115-8, the municipality 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 his/her 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 § 115-2, or an activity contaminating stormwater, as defined in § 115-8, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate, to the maximum extent practicable, 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; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 115-2 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)
The repaired or replaced system shall be designed and installed
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, including certification
that the installation of the repaired or replaced system has been
inspected to the extent necessary to determine it was installed in
substantial conformance with the design plans, shall be submitted
by the design professional to the municipality 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 such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons, including requesting
that the Town Board authorize the SMO to apply to a court of competent
jurisdiction for an injunction, order to remedy the violation or other
appropriate relief.
B.
Termination of MS4 access due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation
of this article may have his/her 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. Such notice shall include the time and date
on which the termination will become effective. Prior to that time,
the violator may petition the SMO for reconsideration. The SMO may
allow the restoration of terminated access if he/she finds that the
illicit discharge has ceased and the discharger has taken appropriate
steps to prevent its recurrence. The SMO may continue to deny access
to the MS4 if the SMO determines in writing that the illicit discharge
has not ceased or is likely to recur. It shall be a violation of this
Chapter if any person takes action to reinstate MS4 access to premises
terminated pursuant to this section, or causes such action to be taken,
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. The municipality may require acceptable proof from
the permittee that discharges from the regulated industrial or construction
activities will be in compliance with said permit prior to allowing
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 municipality 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 municipality 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)
A person who is the operator of a facility subject to this article
commits an offense if the person denies the SMO reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article when the SMO has probable cause to believe
that there is a violation of this article on the premises, 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.
(6)
If the SMO is refused access to any part of the premises from which
stormwater is discharged, and he/she has probable cause to believe
that there may be a violation of this article on the premises, 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 may apply
to any court of competent jurisdiction for a search warrant.
A.
Emergency response. 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.
B.
Notice of potential release to MS4. In the event such release involves
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 municipality 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 municipality
within three business days of the telephone notice. The notification
provisions of this Section are in addition to any other applicable
notification provisions required by federal, state or local laws or
regulations, and such person shall also comply with those notification
requirements.
C.
Retention of records. 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, the actions to contain and clean up 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 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)
Submission of a plan to avoid recurrence of the violation(s);
(5)
The performance of monitoring, analyses, and reporting;
(6)
Payment of fine; and
(7)
The implementation of source control or treatment BMPs.
B.
Abatement of violation. 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.
C.
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 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
week's continued violation shall constitute a separate additional
violation. In addition, any person who violates this article shall
pay any fines or penalties that the Town of New Paltz is required
to pay by reason of said person's violations.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, 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 private property, the SMO may seek
a warrant or order in a court of competent jurisdiction to be authorized
to enter upon the property. Upon determination that a violation is
continuing, the SMO may request authorization from the Town Board
to seek a court order to require the discharger to take any and all
other measures reasonably necessary to abate the violation and/or
restore the property, or to collect the fines and penalties set forth
above. The cost of implementing and maintaining such measures shall
be the sole responsibility of 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 Town Board may authorize the SMO to apply to a court
of competent jurisdiction for a temporary restraining order and/or
preliminary and/or permanent injunction restraining the person from
activities which would create further violations, compelling the person
to perform abatement or remediation of the violation, or for such
other relief as the Town Board deems appropriate.
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 which is a threat to public health,
safety, and welfare may be summarily abated or restored by the Town,
at the violator's expense, and/or a civil action may be brought
by the Town Board, in the name of the Town, to abate, enjoin, or otherwise
compel the cessation of such nuisance.
The remedies provided by 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 Town, as the enforcement
agency, to seek cumulative remedies.
Any person, firm or corporation claiming to be adversely affected
or aggrieved by any ruling, decision, determination or order of the
SMO may appeal such ruling, decision, or determination to the New
York State Supreme Court within 30 days after said determination,
ruling, or decision is filed in the office of the Town Clerk. To the
extent that said time limit is at variance with the time limit set
forth in § 217 of the New York State Civil Practice Law
and Rules, it is the express intention of this article to supersede
same.