The purpose of this chapter is to provide for the health, safety
and general welfare of the citizens of the Town of Union Vale 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 MS4 in order to comply with
requirements of the SPDES general permit for municipal separate storm
sewer systems. The intent of this chapter is to meet the following
objectives:
A. To meet the requirements of the SPDES general permit for stormwater
discharges from MS4s, Permit No. 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 only to a portion of this chapter,
the following terms will have the 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 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.
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, NYSDEC SPDES
General Construction Permit GP 0-15-002, as amended or revised. These
activities include construction projects resulting in land disturbance
equal to or greater than one or more acres. Such activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation
(NYSDEC).
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 said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
B.
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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
140-6 of this chapter.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP 0-15-002, as amended
or revised.
MS4 or 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 of Union Vale;
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.
MUNICIPALITY or TOWN
The Town of Union Vale acting either through the Town Board
or the appointed Stormwater Management Officer.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or the owner's agent.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, animal waste, 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 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 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
applicable water quality standards. Under this condition, the municipality
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
B.
Section 303(d) listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water body or watercourse. Under this condition, the stormwater management
program must ensure no increase of the listed pollutant of concern
to the 303(d) listed water body or watercourse.
C.
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 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 municipality was required to modify
its stormwater management program (SWMP) to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
D.
The condition in the municipality'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
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 (SWMP) to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the Municipal Engineer or other public official(s)
designated by the Town of Union Vale to enforce this chapter. The
SMO may also be designated by the municipality to accept, review and
approve stormwater pollution prevention plans (SWPPP), forward the
plans to the applicable municipal department and inspect stormwater
management practices (SWMP). Plan reviews and site inspections may
be delegated to a consulting engineer and/or a consultant paid for
through the applicant's escrow account (hereinafter referred
to as the "authorized representative of the SMO"); however, a municipal
employee or board member must make the final approval.
SUBSURFACE 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 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, as revised or amended. For purposes of this chapter,
an individual sewage treatment system and subsurface sewage disposal
systems are deemed to be a type of subsurface sewage treatment system.
TOTAL MAXIMUM DAILY LOAD (TMDL)
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.
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 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 chapter. 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 chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstance
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
No person shall discharge or cause to be discharged into the
MS4 any materials other than stormwater except as provided in Subsection
A below. The commencement, conduct or continuance of any illegal discharge
to the MS4 is prohibited except as described as follows:
A. The following discharges are exempt from discharge prohibitions established
by this chapter, unless the Department or the municipality 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, naturally rising (not pumped) groundwater,
uncontaminated groundwater infiltration to storm drains, noncommercial
air-conditioning condensate, nonpolluted irrigation water from residential
uses, springs, water from individual residential car washing, natural
riparian habitat or wetland flows, 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.
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. The discharges
to be approved in writing by the SMO shall include, without limitation
by reason of specification, the following: uncontaminated pumped groundwater;
foundation or footing drains; crawlspace or basement sump pumps; and
dechlorinated swimming pool discharges.
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. 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 granted for any discharge
to the MS4.
No person shall operate a failing subsurface sewage treatment
system within the municipality's MS4. A failing subsurface sewage
treatment system is one which has one or more of the following conditions:
A. The backup of sewage into a structure.
B. Discharges of treated and 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 subsurface sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F. Contamination of off-site groundwater.
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 municipality prior to the allowing of
discharges to the MS4.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board 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 Town Clerk and mail a copy of its decision by certified
mail to the discharger.
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, 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
as a misdemeanor 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 offence, all of which were committed
within a period of five years, punishable as a misdemeanor 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, repeat 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. Additionally and notwithstanding
any other penalty or fine provided for herein, any person who violates
the provisions of this chapter shall be obligated to reimburse the
Town for any fees incurred by its counsel or engineer or other professional
(CPESC) in the enforcement of the provisions hereof. The rates used
for reimbursement shall be equal to the per-hour rate of service negotiated
by the Town Board in its contract with its attorney(s) and consulting
engineer(s).
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 SMO or the Town Board may commence a civil action in Supreme Court 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 of the violation, and may request civil damages in the amounts set forth in §
140-18 in any court of competent jurisdiction.
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 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
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.