[HISTORY: Adopted by the Town Board of the Town of Lockport 12-7-2016 by L.L. No. 6-2016. Amendments noted where applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the Town of Lockport through
the regulation of nonstormwater discharges to the 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 the requirements of the SPDES
General Permit for MS4s. The objectives of this chapter are:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-0-15-002, or 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.
The following definitions shall apply to this chapter:
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 NYSDEC as
required by Section 303(d) of the Clean Water Act.[1] 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.
Any activity requiring authorization under the SPDES Permit
For Stormwater Discharges From Construction Activity, GP-0-15-002,
as amended or revised, including construction projects resulting in
land disturbance of one or more acres. Construction activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
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 conveyance which allows any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and wash water, to
enter the MS4 and any connection to the storm sewer 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 § 158-4 of this chapter.
Activities requiring coverage under the SPDES Multi-Sector
General Permit for Stormwater Discharges Associated with Industrial
Activity, GP-0-15-002, 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 sewers):
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law.
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,
and agricultural waste and ballast discharged into water, any of which
may cause or might reasonably be expected to cause pollution of the
waters of the state in contravention of water quality 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 Town has been notified that the discharge of
stormwater authorized under their 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.
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 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.
The condition in the Town'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 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 NYSDEC that authorizes the discharge of
pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee or officer of the Town of Lockport appointed
by the Town Board to enforce this chapter. The SMO shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel.
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 has been or will be discarded.
[1]
Editor's Note: See 33 U.S.C. § 1313(d).
A.
Applicability. This chapter shall apply to all water entering the
MS4 generated on any developed or undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
B.
Responsibility for administration. The SMO 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 Town.
C.
Conflict. Where the conditions imposed by any provisions of this
chapter are either more restrictive or less restrictive than comparable
conditions imposed by any other applicable law, ordinance, resolution,
rule or regulation of any kind, the regulations which are more restrictive
and impose higher standards or requirements shall govern.
A.
Prohibition of illicit discharges. No person shall discharge or cause
to be discharged into the MS4 any materials other than stormwater
except as provided below. The commencement, conduct or continuance
of any illicit discharge to the MS4 is prohibited except as described
as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter, unless NYSDEC or the Town 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 sewers, uncontaminated pumped groundwater, foundation
or footing drains, 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 chapter.
(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 of illegal discharges shall not apply to any discharge
permitted under a SPDES permit, waiver, or waste discharge order issued
to the discharger and administered under the authority of NYSDEC,
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 chapter if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
B.
Such activities include 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
that cause or contribute to violations of the Town's MS4 SPDES
stormwater discharge 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 Town's
MS4 SPDES stormwater discharge permit authorization.
Best management practices. Where the SMO has identified illicit discharges or an activity contaminating stormwater, as defined in § 158-5 of this chapter, the Town may require implementation of BMPs to control those illicit discharges and activities.
A.
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.
B.
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, or an activity contaminating stormwater, as defined in § 158-5 of this chapter, 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.
C.
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 chapter.
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 Town prior to the allowing of discharges
to the MS4.
A.
Illicit discharges in emergency situations. 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 people, 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 people.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this chapter 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 he/she finds that the illicit discharge
has ceased and the discharger has taken steps to prevent its recurrence.
Access may be denied if the SMO determines in writing that the illicit
discharge has not ceased or is likely to reoccur. A person commits
an offense if the person reinstates MS4 access to the premises terminated
pursuant to this chapter without the prior approval of the SMO.
A.
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this chapter, 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 chapter.
B.
Access to facilities.
(1)
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.
(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 chapter.
(3)
The Town 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.
(4)
The Town 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.
(5)
An unreasonable delay in allowing the SMO access to a facility subject
to this chapter is a violation of this chapter. A person who is the
operator of a facility subject to this chapter 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
chapter.
(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 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 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 Town 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 Town 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 SMO finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, he
or 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, analyses, and reporting;
(5)
That the Town will seek civil remedies or criminal penalties, including the imposition of a criminal fine, as provided in § 158-11B; and
(6)
The implementation of source control or treatment BMPs. 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.
B.
Penalties. 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
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, 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 15 days,
or both. Each week'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 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 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 private 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.
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 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
of the violation.
A.
Where a person has violated a provision of this chapter, he/she may
be given alternative remedies in lieu of a civil penalty, upon recommendation
of the Town Attorney and concurrence of the SMO, 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 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.
If any section, subsection, phrase, sentence or other portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the invalidity of the portion hereof.
