[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 475.
[Adopted 9-14-2007 by L.L. No. 7-2007]
A.
This Legislature finds and determines that the regulation of non-stormwater
discharges to the County-owned municipal separate storm sewer system
to the maximum extent practicable is essential to protect the health,
safety and general welfare of the citizens of Albany County.
B.
This Legislature further finds and determines that controlling the
introduction of pollutants into the County-owned municipal separate
storm sewer system is critical in order to comply with requirements
of the State Pollution Discharge Elimination System General Permit
No. GP-02-02 for Municipal Separate Storm Sewer Systems.
C.
Therefore, the purpose of this article is to regulate the contribution
of pollutants to the County-owned municipal separate storm sewer system
by prohibiting illicit connections, activities and discharges and
to establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
D.
The further purpose of this article is 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 County-owned municipal separate storm sewer system.
E.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article 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.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) owned or operated by the
County of Albany, which includes roads and facilities, designed or
used for collecting or conveying stormwater which is not a combined
sewer and which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2. A copy of County-owned roads and properties
is on file with the Clerk of the Albany County Legislature.
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 managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the County-owned municipal
separate storm sewer system, including, but not limited to:
Any conveyances which allow any non-stormwater discharge including
treated or untreated sewage, process wastewater and wash water to
enter the County-owned municipal separate storm sewer system 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 County-owned municipal separate storm sewer system
which has not been documented in plans, maps or equivalent records
and approved by an authorized enforcement agency.
Any direct or indirect non-stormwater discharge to the County-owned municipal separate storm sewer system, except as exempted in § 253-6 of this article.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
The County of Albany.
Any discharge to the County-owned municipal separate storm
sewer system that is not composed entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by local 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 might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, structure, lot, parcel of land or portion of
land, whether improved or unimproved, including adjacent sidewalks
and parking strips.
The condition in the County-owned municipal separate storm
sewer system permit that applies if a TMDL is approved in the future
by EPA for any water body or watershed into which a County-owned municipal
separate storm sewer system discharges. Under this condition, the
municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
The condition in the County-owned municipal separate storm
sewer system permit that applies where the County-owned municipal
separate storm sewer system 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.
The condition that applies where a municipality has been
notified that the discharge of stormwater authorized under its County-owned
municipal separate storm sewer system permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition, the municipality
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
The condition in the County-owned municipal separate storm
sewer system 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 County-owned municipal separate storm
sewer system discharges.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
A person, persons or other public official(s) designated
by the County Executive to enforce this article. The Stormwater Management
Officer may also be designated to accept, review and inspect stormwater
pollution prevention plans.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the County-owned
municipal separate storm sewer system 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 article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the Stormwater Management Officer as
may be authorized by the County.
No person shall discharge or cause to be discharged into the County-owned municipal separate storm sewer system any materials other than stormwater except as provided in § 253-6. The commencement, conduct or continuance of any illegal discharge to the County-owned municipal separate storm sewer system is prohibited except as described in § 253-6.
A.
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the County 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, 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 fire-fighting 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 Stormwater Management Officer
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 Stormwater Management Officer may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
C.
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a verbal notification to the
Stormwater Management Officer prior to the time of the test.
D.
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 County-owned municipal separate storm sewer system.
The construction, use, maintenance or continued existence of
illicit connections to the County-owned municipal separate storm sewer
system is prohibited. 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. A person is considered to be
in violation of this article if the person connects a line conveying
sewage to the County-owned municipal separate storm sewer system,
or allows such a connection to continue.
A.
Activities are prohibited that cause or contribute to a violation of the County-owned municipal separate storm sewer system SPDES permit or cause or contribute to the County being subject to the special conditions as defined in § 253-2 of this article.
B.
Upon notification to a person that he/she is engaged in activities
that cause or contribute to violations of the County-owned municipal
separate storm sewer system SPDES permit authorization, that person
shall take all reasonable actions to correct such activities such
that he/she no longer causes or contributes to violations of the County's
MS4 SPDES permit authorization.
B.
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 County-owned
municipal separate storm sewer system through the use of structural
and nonstructural BMPs.
C.
Any person responsible for a property or premises, which is or may be the source of an illicit discharge as defined in § 253-2 or an activity contaminating stormwater as defined in § 253-8, 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 County-owned municipal separate storm sewer system.
D.
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.
Imminent danger. The Stormwater Management Officer may, without prior
notice, suspend County-owned municipal separate storm sewer system
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 County-owned municipal separate storm
sewer system. The Stormwater Management Officer 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 Stormwater Management
Officer may take such steps as deemed necessary to prevent or minimize
damage to the County-owned municipal separate storm sewer system or
to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the County-owned municipal separate storm sewer system
in violation of this article may have their County-owned municipal
separate storm sewer system access terminated if such termination
would abate or reduce an illicit discharge. The Stormwater Management
Officer will notify a violator in writing of the proposed termination
of its County-owned municipal separate storm sewer system access and
the reasons therefor. The violator may petition the Stormwater Management
Officer for a reconsideration and hearing. Access may be granted by
the Stormwater Management Officer 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 Stormwater Management
Officer determines in writing that the illicit discharge has not ceased
or is likely to recur. A person commits an offense if the person reinstates
County-owned municipal separate storm sewer system access to premises
terminated pursuant to this section without the prior approval of
the Stormwater Management Officer.
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 County prior to the allowing of discharges
to the County-owned municipal separate storm sewer system.
A.
Applicability. This section applies to all facilities that the Stormwater
Management Officer must inspect to enforce any provision of this article,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this article.
B.
Access to facilities. The Stormwater Management Officer shall be
permitted to enter and inspect facilities subject to regulation under
this article as often as may be necessary to determine compliance
with this article. If a discharger has security measures in force
which require proper identification and clearance before entry into
its premises, the discharger shall make the necessary arrangements
to allow access to the Stormwater Management Officer.
(1)
Facility operators shall allow the Stormwater Management Officer
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records as may be required to
implement this article.
(2)
Unreasonable delays in allowing the County access to a facility subject
to this article is a violation of this article. A person who is the
operator of a facility subject to this article commits an offense
if the person denies the County reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this article.
(3)
If the Stormwater Management Officer 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 article, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this article or any order issued hereunder,
then the Stormwater Management Officer may seek issuance of a search
warrant from any court of competent jurisdiction.
C.
Monitoring. The County shall have the right to set up on any facility
subject to this article such devices as are necessary in the opinion
of the Stormwater Management Officer to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(1)
The County has the right to require the facilities subject to this
article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
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 County-owned
municipal separate storm sewer system, 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 and the County Stormwater
Management Officer. In the event of a release of nonhazardous materials,
said person shall notify the County Stormwater Management Officer
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 County 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 10 years.
A.
When the
County's Stormwater Management Officer finds that a person has violated
a prohibition or failed to meet a requirement of this article, he/she
may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses and reporting;
(5)
Payment of a fine; and
(6)
The
implementation of source control or treatment BMPs.
B.
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.
Any person receiving a notice of violation may appeal the determination
of the Stormwater Management Officer to Albany County 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 County 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 County authority
upholding the decision of the Stormwater Management Officer, then
the Stormwater Management Officer 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 Stormwater
Management Officer 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 Stormwater Management Officer 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.
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Stormwater Management Officer 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 article, he/she may be eligible
for alternative remedies in lieu of a civil penalty, upon recommendation
of the County Attorney and concurrence of the Stormwater Management
Officer, where a determination is made that:
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 discretion of the authorized enforcement
agency to seek cumulative remedies.
