[HISTORY: Adopted by the Board of Trustees of the Village
of Muttontown 4-10-2007 by L.L.
No. 2-2007. Amendments noted where applicable.]
A.
It is the intent of this legislation to adopt a local law prohibiting
illicit discharges, activities, and connections to the Village of
Muttontown (Village) Separate Storm Sewer System that will satisfy
the relevant part of the Phase II stormwater management requirements
of the National Pollutant Discharge Elimination System regulations,
administered by New York State through the State Pollutant Discharge
Elimination System (SPDES) regulations and to provide for the health,
safety, and general welfare of the citizens of the Village through
the regulation of nonstormwater discharges to the Municipal Separate
Stormwater 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 MS4s.
B.
The objectives of this chapter are:
(1)
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
(2)
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process, or discharge nonstormwater
wastes;
(3)
To prohibit illicit connections, activities, and discharges to the
MS4;
(4)
To establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
law; and
(5)
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.
A.
For the purposes of this chapter, certain terms and words are hereby
defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include
the singular; the word "shall" is mandatory.
B.
303(D) LIST
BEST MANAGEMENT PRACTICES
BMPS
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
DEC
DESIGN PROFESSIONAL
EPA
HAZARDOUS MATERIALS
ILLICIT CONNECTIONS
(1)
(2)
ILLICIT DISCHARGE
INDIVIDUAL SEWAGE TREATMENT SYSTEM
INDUSTRIAL ACTIVITY
MS4
MUNICIPAL SEPARATE STORMWATER SYSTEM
NONSTORMWATER DISCHARGE
NYCRR
PERSON
POLLUTANT
PREMISES
SMO
SPDES
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
SPDES STORMWATER DISCHARGE PERMIT
SPECIAL CONDITIONS
(1)
(2)
(3)
(4)
STATE
STORMWATER
STORMWATER MANAGEMENT OFFICER
TMDL
TOTAL MAXIMUM DAILY LOAD
WASTEWATER
As used in this chapter, the following terms shall have the meanings
indicated.
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 DEC
as required by Section 303(d) of the Clean Water Act. Such 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.
Best management practices.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
An activity requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include, but are not limited to, clearing and grubbing, grading, excavating,
and demolition.
The New York State Department of Environmental Conservation.
A professional engineer or architect licensed by the state.
The federal Environmental Protection Agency.
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 this chapter.
An on site sewage treatment system generally found in an
area without public sewers, commonly consisting of a septic tank,
leaching facilities and/or other appurtenant components, that serves
a single residence or building.
An activity requiring an SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal Separate Stormwater System.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
New York Code, Rules, and Regulations.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause
or reasonably be expected to cause pollution of the waters of the
state in contravention of pertinent standards promulgated by the federal
government, the state, the Village, or any other municipality or department
thereof, having legal jurisdiction to impose such standards.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
The Stormwater Management Officer.
State Pollutant Discharge Elimination System.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
A permit issued by DEC that authorizes the discharge of pollutants
to waters of the state.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSA condition that applies when the Village has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Village must take necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — A condition in the Village's MS4 permit that applies when 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 STRATEGYA condition in the Village's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Village shall modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
A condition in the Village's MS4 permit that applies if
a TMDL is approved in the future by the EPA for any water body or
watershed into which an MS4 discharges. Under such condition the Village
shall review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 does not meet the
TMDL stormwater allocations, the Village shall, 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.
The State of New York.
Rainwater, surface runoff, snowmelt and drainage.
A designated officer of the Village to enforce this chapter,
to be appointed at the Village annual organizational meeting.
Total maximum daily load.
The maximum amount of a pollutant 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 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 SMO shall administer, implement, and enforce the provisions
of this chapter.
A.
Prohibition of illegal discharges. No person shall discharge, cause
or knowingly allow to be discharged into the MS4 any materials other
than stormwater. The commencement, conduct, or continuance of any
illegal discharge to the MS4 is prohibited, except as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this chapter, unless the DEC or the Village has determined them
to be substantial contributors of pollutants: water line flushing
or other potable water source flushing, 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 chapter.
(3)
Dye testing in compliance with applicable state, county and Village
regulations is an allowable discharge, but requires a notification
to the SMO prior to the time 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 DEC, 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 Village's MS4,
causes or allows such a connection to continue.
No persons 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 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 subsection.
F.
Contamination of off-site groundwater.
A.
B.
Upon notification to a person that such person is engaged in activities
that cause or contribute to violations of the Village's MS4 SPDES
permit or permit authorization, such person shall immediately commence
and continue thereafter with all due diligence to take all reasonable
actions to correct such activities such that such person no longer
causes or contributes to violations of the Village's MS4 SPDES
permit authorization.
A.
Best management practices.
(1)
Where the SMO has identified illicit discharges or activities contaminating
stormwater, the Village may require implementation of BMPs to control
those illicit discharges and activities.
(2)
The owner or operator of a commercial or industrial establishment
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through
the use of structural and nonstructural BMPs.
(3)
Any person responsible for a property or premise, which is, 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 structural and nonstructural BMPs to reduce or eliminate
the source of pollutant(s) to the MS4.
(4)
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.
(1)
Where individual sewage treatment systems are contributing to the
Village's being subject to the special conditions, the owner
or operator of such individual sewage treatment systems shall be required
to:
(a)
Maintain and operate individual sewage treatment systems as
follows:
[1]
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.
[2]
Avoid the use of septic tank additives;
[3]
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes, and household chemicals; and
[4]
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash, and other such items.
[5]
Most tanks should be pumped out every two to three years. However,
pumping may be more or less frequent depending on use. Inspection
of the tank for cracks, leaks and blockages should be done by the
septage hauler at the time of pumping of the tank contents.
(b)
Repair or replace individual sewage treatment systems as follows:
[1]
In accordance with 10 NYCRR Appendix 75-A, as the same may be
amended or superseded from time to time, to the maximum extent practicable.
[2]
A design professional shall prepare design plans for any type
of absorption field that involves:
[3]
A written certificate of compliance shall be submitted by the
design professional to the Village at the completion of construction
of the repair or replacement system.
A.
Suspension of access to MS4. The SMO shall, without the need for
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.
B.
Suspension due to the detection of illicit discharge. Any person
discharging, causing a discharge or knowingly allow a discharge to
the Village's MS4 in violation of this chapter may have its 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 Board of Trustees for a reconsideration and hearing.
Access may be granted by the Board of Trustees if the Board of Trustees
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the
Board of Trustees determines, in writing, that the illicit discharge
has not ceased or is likely to recur. A person commits an offense
if the person reinstates MS4 access to premises terminated pursuant
to this subsection, without the prior approval of the SMO or the Board
of Trustees.
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 SMO prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this 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 Village 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 Village 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.
(5)
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.
(6)
Unreasonable delays in allowing the Village 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 Village reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this chapter.
(7)
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
reasonable 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 the Village Court or, at its
option, any other court of competent jurisdiction.
A.
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 necessary steps to ensure the discovery, containment,
and cleanup of such release.
B.
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.
C.
In the event of a release of nonhazardous materials, said person
shall notify the Village in person or by telephone or facsimile no
later than the next business day.
D.
Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Village within three business days
of the telephone notice.
E.
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 or other designee of the Board
of Trustees determines that a person has violated a prohibition or
failed to meet a requirement of this chapter, the SMO or such designee
shall 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)
The implementation of source control or treatment BMPs.
(6)
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 Village may perform or have independent
contractors perform the remediation or restoration and the cost thereof
shall become a lien upon the land until paid, and if not paid, at
the option of the Mayor, may be added to the current tax bill for
the subject premises and collected in the same manner and with the
annual Village real estate taxes.
B.
Violations. Any activity that is commenced or is conducted contrary
to this chapter may be enforced by injunction or otherwise abated
in a manner provided by law.
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 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 $300 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.
Violations of this chapter shall be not be deemed misdemeanors. Each
week's continued violation shall constitute a separate additional
violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this law. If a person
has violated or continues to violate the provisions of this law, the
Board of Trustees 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.
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 the provisions of any article, section, subsection, paragraph,
subdivision, or clause of this chapter shall be judged invalid by
a court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section., subsection,
paragraph, subdivision, or clause of this chapter.