[HISTORY: Adopted by the Town Board of the Town of Dryden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-2-2008 by L.L.
No. 1-2008]
The purpose of this article is to protect the health, safety,
and general welfare of the citizens of the Town of Dryden through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) and surface waters 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 intent of this article
is:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from the MS4 (Permit No. GP-02-02);
B.
To regulate the introduction of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit discharges, activities and connections to the
MS4 and surface waters;
D.
To establish legal authority to carry out 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 and surface
waters.
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:
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.).
Activities requiring authorization under the SPDES Permit
GP-02-01 for stormwater discharges from construction activity. These
activities include construction projects resulting in land disturbance
of one or more acres. Such activities include but are not limited
to clearing, grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
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 improperly managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4 or surface water,
including but not limited to:
Conveyances which allow any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 or surface water and any connections to the storm drain
system or surface water from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted,
or approved; or
Drains or conveyances connected from a commercial or industrial
use to the MS4 or surface water which have not been shown on Town-approved
plans, maps, or equivalent records.
Any direct or indirect nonstormwater discharge to the MS4 or surface water, except those exempted in § 229-6 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 ground
waters of New York State, except those for which 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 GP-90-03 for discharges
from industrial activities except construction.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains):
Any discharge to the MS4 or surface water that is not composed
entirely of stormwater.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description,
and acting as either the owner or the owner's agent.
Any material which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of
the standards, including but not limited to: dredged spoil, filter
backwash, solid waste, incinerator residue, treated or untreated sewage,
detergents, automotive fluid or residue, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, industrial waste, municipal
waste, agricultural waste, or ballast discharged into water.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking areas.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where the Town 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 Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — 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) STRATEGYThe 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 municipality 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 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 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 the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee of the Town or Town officer designated by the
Town Board to enforce this article. The SMO is also designated by
the Town to accept and review stormwater pollution prevention plans,
forward the plans to the applicable board and inspect stormwater management
practices.
Surface waters of the State of New York.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
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. The list is 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.
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.
The Town of Dryden, Tompkins County, New York.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
Any area which meets one or more of the following criteria:
Lands and waters that meet the definition provided in New York
State Environmental Conservation Law, Article 24, Freshwater Wetlands
Act. The approximate boundaries of such lands and waters are indicated
on the official wetlands map promulgated by the Commissioner of the
New York State Department of Environmental Conservation, or as amended
and updated.
Areas which meet the definition used by the U.S. Army Corps
of Engineers and U.S. Environmental Protection Agency: "Areas that
are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas."
This article shall apply to all stormwater and wastewater entering
the MS4 or surface waters generated on any lands within the Town unless
explicitly exempted.
The Stormwater Management Officer shall administer, implement,
and enforce the provisions of this article. Such powers granted or
duties imposed upon the SMO may be delegated in writing by the SMO
as authorized by the Town.
The provisions of this article are hereby declared to be severable.
If any section, provision, clause, sentence, or paragraph of this
article or the application thereof to any person, premises 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 or surface waters any materials other than stormwater except as exempted in § 229-6A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 or surface water is prohibited, except as exempted in § 229-6A(1):
(1)
The following discharges are exempt from the discharge prohibitions
established by this article, unless the Department or the Town has
determined them to be substantial contributors of pollutants: public
water line flushing or flushing of 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.
(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 commencement of the test.
(4)
The prohibition 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 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 or to surface water 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 municipality's MS4
or to surface water, or allows such a connection to continue.
B.
Such activities may include failing individual sewage treatment systems
as defined herein, improper management of animal waste, excessive
application of fertilizer or pesticides not in accordance with label
directions, storage of such materials where they are exposed to stormwater,
or any other activity that causes or contributes to violations of
the Town's MS4 SPDES permit.
C.
Agricultural activities are exempt from regulation under this section
if they:
(1)
Meet the requirements of any applicable agricultural regulations;
and
(2)
Are participating in the Agricultural Environmental Management program
or otherwise applying current agricultural best management practices;
or
(3)
Are determined to be sound agricultural practices, as described in
the New York Agriculture and Markets Law.
D.
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 permit,
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 permit.
Where the SMO has identified illicit discharges or activities
contaminating stormwater, the Town may require implementation of best
management practices (BMPs) to control such 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 or
into surface waters through the use of BMPs.
B.
Any person responsible for a premises or operations, which are, or
may be, the source of an illicit discharge or an activity contaminating
stormwater, may be required to implement, at said person's expense,
additional BMPs to reduce or eliminate the source of pollutant(s)
to the MS4 or to surface waters.
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 section.
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 and 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.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the Town'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 shall notify a violator in writing of
the proposed termination of its MS4 access and the reasons therefor.
The violator may petition the SMO for reconsideration and a hearing.
Suspension of the termination to MS4 access may be lifted by the SMO
if the SMO 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 that the illicit discharge has not ceased or is
likely to reoccur. Such determination shall be in writing. It is a
violation of this article if a person discharges to the Town's MS4
after termination pursuant to this section, without the prior written
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 Town prior to the allowing of discharges
or as a condition of continuing 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 SMO 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 premises subject
to regulation under this article as often as may be reasonably 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 reasonable access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be reasonably required to enforce this
article.
(3)
The Town shall have the right to install or establish on any premises
subject to this article, such devices as are reasonably necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the premises' stormwater discharge. All expenses in connection with
the installation, monitoring and maintenance of such equipment shall
be the responsibility of and paid for by the discharger.
(4)
The Town may require premises subject to this article to install
monitoring equipment as may be reasonably necessary to determine compliance
with this article. The premises' 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.
All expenses in connection with the installation, monitoring and maintenance
of such equipment shall be the responsibility of and paid for by the
discharger.
(5)
If the SMO has been refused access to any part of the premises from
which stormwater is discharged, and the SMO 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 discharges to verify
compliance with this article or any order issued hereunder, then the
SMO may seek a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for premises or operations, or responsible for emergency
response for premises or operations, has information of any known
or suspected release of materials which results or may result in illegal
discharges or pollutants discharged into the MS4 or a surface water,
said person shall take all necessary steps to ensure the containment
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify the relevant emergency
response agencies of the occurrence, and then notify the SMO as soon
as possible. In the event of a release of nonhazardous materials,
said person shall notify the SMO in person or by telephone or facsimile
no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed
to the SMO within three business days of 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 provision of this article, the SMO may order compliance by written
notice of violation to such person. Such notice may require, without
limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations 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. (All expenses
in connection with the installation, monitoring and maintenance of
such equipment shall be the responsibility of and paid by the discharger.);
(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 is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further provide
that, should the violator fail to remediate or restore the affected
property within the established deadline, the work may be done by
the Town or other governmental agency, or by a contractor and the
expense thereof shall be charged to and payable by the violator.
B.
Penalties. In addition to or as an alternative to any other penalty
or remedy 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 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, 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. For the purposes of conferring
jurisdiction upon courts and judicial officers generally, a third
violation of this article shall be deemed an unclassified misdemeanor
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.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board within 15 days of the receipt of such
notice. The Town Board shall hear the appeal within 30 days after
the filing of the appeal. Within five days of making its decision,
the decision shall be filed in the office of the Town Clerk and a
copy of such decision shall be mailed by certified mail to the discharger.
A.
If a 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 filing of the decision of the Town
Board upholding the decision of the SMO, then the SMO may enter the
subject premises, and take any and all measures reasonably necessary
to abate the violation and/or restore the affected property.
B.
If the SMO is refused access to the subject premises, the SMO may
seek an injunction in a court of competent jurisdiction authorizing
entry upon the premises to determine whether the violation continues.
Upon determination that a violation is continuing, the SMO may seek
further injunctive relief in order to take any and all measures reasonably
necessary to abate the violation and/or restore the affected property.
The cost of implementing and maintaining such measures shall be the
sole responsibility of the violator.
It shall be unlawful for any person to violate any provisions
of this article 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 a court of competent
jurisdiction for a preliminary or permanent injunction restraining
the person further violations or compelling the person to perform
abatement or remediation of violations.
A.
Where a person has violated a provision of this article, they may
be eligible for 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
herein, any condition caused or permitted to exist in violation of
any of the provisions of this article is a threat to public health,
safety, and welfare, and is declared and deemed to be a nuisance,
and may be abated or restored at the violator's expense, by a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance.
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 sole and absolute discretion of the SMO whether
to seek cumulative remedies.
This article shall be effective upon filing with the office
of the Secretary of State.
