The purpose of this article is to provide for the health, safety and general welfare of the citizens of the Village of New Paltz (Village) through the regulation of stormwater and nonstormwater discharges, as regulated hereunder, to the municipal separate storm sewer system (MS4) 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 for the Village to comply with requirements of the SPDES general permit for municipal separate storm sewer systems.
A. 
Among several purposes of this article are the following:
(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;
(3) 
To prohibit illicit connections, activities and discharges to the MS4;
(4) 
To conserve the capacity of the MS4 and provide for its optimal operation;
(5) 
To prohibit illicit connections, activities and discharges to the MS4;
(6) 
To establish legal authority to carry out all inspection, monitoring and enforcement procedures necessary to ensure compliance; and
(7) 
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, other pollutants, and flows into the MS4.
B. 
The Village Board makes the following findings in consideration of this article:
(1) 
That the regulation of nonstormwater discharges to the Village-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 the Village.
(2) 
The Village Trustees further determine that controlling the introduction of polluted stormwater and nonstormwater pollutants into the Village-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.
(3) 
In addition to the enforcement processes, penalties, and fees provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article which is deemed to be an imminent threat to public health, safety, and/or welfare may further be declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action may be taken to abate, enjoin, or otherwise compel the cessation of such violation and/or nuisance in accordance with the procedures set forth within this article.
(4) 
This article shall apply to all MS4 designated areas situated within the Village that are Village-controlled. The Village is a Traditional Land Use Control MS4. At point of enactment, this policy covers the full area of Village government land use control encompassing United States census defined urbanized and nonurbanized areas, including around Huguenot Street and west of the Wallkill River. It does not cover areas owned or managed by government jurisdictions such as public schools, universities, facilities of Ulster County and the New York State Department of Transportation, although it does cover emissions from them entering into the Village's control.
This article shall apply to all water entering the Village-owned municipal separate storm sewer system within the Village's jurisdictional MS4 designated areas as generated on any developed and undeveloped lands unless explicitly exempted hereunder, or unless explicitly exempted as authorized by an enforcement agency.
The Stormwater Management Officer (SMO) shall administer, implement, and enforce the provisions of this chapter and article. Such powers granted or duties imposed upon and granted to the authorized enforcement official may be delegated, in writing, by the SMO. Such written delegation shall be kept and maintained within the Stormwater Management Officer's files, and copies shall further be provided to Village Clerk, Treasurer, DPW Superintendent, Village Planner, Village Engineer, and Attorney. The SMO shall possess the authority, as documented in records of the Stormwater Management Committee placed on file with the Village Clerk, with a majority Committee vote, to promulgate rules and regulations necessary to administer, enforce and forward this article and this chapter and its purposes, including but not limited to the institution and use of permits, forms, procedures, fees, and other regulatory mechanisms, in order to advance the purposes of this article and chapter, provided that any matter requiring Trustees action shall be also ratified by them.
No person shall discharge or cause to be discharged into the Village-owned MS4 any materials other than lawful discharges of stormwater, except as provided in § 165-8, Exemptions. The commencement, conduct or continuance of any illegal discharge to the Village-owned MS4 is prohibited except as described in § 165-8.
A. 
Consistent with definitions, the following discharges are exempt from discharge prohibitions established by this article, unless the Village or Department has, pursuant to law, officially determined such discharges to be substantial contributors of pollutants:
(1) 
Waterline 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 firefighting activities, agricultural stormwater runoff from lawful agricultural practices, and any other water source not containing pollutants. In no event shall this article be read to create, permit or authorize agriculture discharge exemptions beyond those which are in effect pursuant to the Clean Water Act.
(2) 
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.
(3) 
Dye testing in compliance with applicable state, regional and local laws.
(4) 
Activities and uses essential to ensure acute emergency police, fire, and rescue functions and emergency response undertaken by either the Village, town, or county, by New York State or any subdivision of it, or by a nonprofit organization authorized by the Village to provide related public services; essential activities to promote public health, safety, and well-being of persons and property therein and to implement emergency orders and regulations, upon appropriate jurisdiction, of the Ulster County Department of Health, Ulster County Emergency Management Agency and/or New York State, including the State Department of Health, with written notification to the Stormwater Management Officer, Chief Elected Official (Mayor), and DPW Director; and any actual and ongoing emergency activity which directly addresses an imminent threat to life, property or structures of any kind. Such emergency activities may include, but are not limited to: fire suppression operations, preventative or remedial activities related to mitigation, cleanup, or control of stormwater and/or contamination or threatened contamination of groundwater and/or surface water, response to imminent floods, hurricanes and other hazard events that follow established emergency response plans, firefighting and public health emergencies.
B. 
Despite the general exemption in § 165-8A, a sump(s) on a property can be prevented from discharging to the municipal separate storm sewer system if it is reasonably believed to be a source of hazardous pollutants, substantial turbidity, or flows. Nothing hereunder shall prevent the Stormwater Management Officer from preventing access to the MS4 or rescinding a prior discharge allowance for a sump based on probable cause.
C. 
The prohibition shall not apply to any discharge permitted under an authorized 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 Village-owned municipal separate storm sewer system. A lawfully issued SPDES permit shall constitute compliance with this subsection in all manner and respects, provided that the person and/or discharger to which the permit is issued is fully compliant therewith.
The construction, use, maintenance or continued existence of illicit connections to the Village-owned municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law and whether all lawful approvals were granted and/or regardless of whether the connection was previously unregulated pursuant to practices applicable or prevailing at the time of connection. A person is considered to be in violation of this article if he or she illegally connects a line conveying sewage or other waste waters to the Village-owned MS4, or allows such an illegal connection to continue.
A. 
Activities are prohibited that cause or contribute to a violation of the Village-owned municipal separate storm sewer system SPDES permit or cause or contribute to the Village being subject to the special conditions.
B. 
Upon written notification to a person that he or she is engaged in activities that cause or contribute to violations of the Village-owned municipal separate storm sewer system SPDES permit authorization, that person shall, upon receipt of such notice, immediately take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C. 
Discovery. If at any time the SMO believes there may be an illegal connection to the MS4, the property owner/applicant may be compelled to perform tests or generate acceptable documentation to confirm that there is not an illicit connection/contamination of stormwaters. Such investigation, as defined by the SMO, may be either directly performed by the owner/applicant or Village-led, either directly or by its assigned contractors. While not necessary, discovery can be triggered by an application for a building permit or certificate of occupancy, and fees and policy may be established to aid this purpose.
A. 
Where the Stormwater Management Officer has identified illicit discharges, including as defined in § 165-3 or by way of activities in § 165-10, Activities contaminating stormwater prohibited, the Village may, among other remedies as set forth within this article, require the implementation of best management practices (BMPs) to control those illicit discharges and activities.
B. 
The owner or operator of a commercial or industrial establishment shall provide, at her/his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Village-owned municipal separate storm sewer system through the use of structural and nonstructural BMPs.
C. 
Any owner, discharger or operator or other person responsible for a property or premises which is or may be the source of an illicit discharge as defined in § 165-3 or an activity contaminating stormwater as defined in this article may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants to the Village-owned MS4.
D. 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial and/or other regulated activities shall be deemed compliance with the provisions of this section.
A. 
Imminent danger. The Stormwater Management Officer may, without prior notice, suspend Village-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/or substantial danger to the environment, to the health or welfare of persons, or to the Village-owned MS4. The SMO shall follow up such suspension within a reasonable time thereafter by providing, in writing, the reasons for the suspension. If the violator fails to comply with a suspension order issued in such emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the Village-owned municipal separate storm sewer system or to minimize and abate any and all danger to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the Village-owned 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 an alleged violator, in writing, of the proposed termination of its Village-owned municipal separate storm sewer system access and the reasons therefor.
(1) 
Within 15 days of the issuance of such notice, the alleged violator may petition the Stormwater Management Officer for a reconsideration and hearing. Access to the MS4 may be granted by the SMO if he or she finds, in writing, that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. A fee may be charged for renewed access to the MS4.
(2) 
Access to the MS4 may continue to be denied if the SMO determines, in writing, that the illicit discharge has not ceased or is likely to recur.
(3) 
A person commits an offense if there is reinstatement of access of the premises to the Village-owned municipal separate storm sewer system terminated pursuant to this section without the prior approval of the Stormwater Management Officer or a court of competent jurisdiction.
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 Stormwater Management Officer prior to allowing discharges to the Village-owned municipal separate storm sewer system. Upon such proof being provided, the SMO shall render his/her determination as to acceptability and shall provide the person with such written determination.
A. 
Applicability. This section applies to all facilities that the Stormwater Management Officer must inspect to enforce any provision of this chapter or whenever the authorized enforcement agency has probable cause to believe that there exists, or potentially exists, in or upon any premises, any condition that constitutes a violation of this chapter.
B. 
Access to facilities. Upon compliance with the requirements of this chapter, the Stormwater Management Officer 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 reasonable and necessary arrangements to allow access to the SMO.
(1) 
Facility operators shall allow the 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.
(2) 
Unreasonable delay in allowing the Village access to a facility subject to this chapter is a violation of this chapter. A person who is the operator or owner or discharger 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 compliance activity authorized or required by this chapter.
(3) 
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 there may be a violation of this chapter or that there is a need to inspect and/or sample as part of such 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.
C. 
Monitoring. Following any adjudicated violation of this chapter, or as part of an enforcement proceeding, the Village shall have the right to set up, on any facility subject to this chapter, such devices as are necessary in the reasonable determination of the Stormwater Management Officer to conduct monitoring and/or sampling of the facility's stormwater discharge. In connection therewith, 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. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger or the owner at its own expense. All devices used to measure stormwater flow and quality shall be properly calibrated to ensure their accuracy, and proof of such calibration shall be furnished to the SMO following request therefor.
Notwithstanding any other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response or environmental compliance for a facility or operation, or any contractor or vendee working at or on a premises, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the Village-owned municipal separate storm sewer system, said person shall take such 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 along with additional notification provided to the Village Stormwater Management Officer and DPW. Following on from the initial event, for a release of hazardous materials, said person shall notify the Village SMO in person or by telephone no later than the next business day, and for a release of nonhazardous materials within two business days. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Village care of the Village Clerk within five business days of original notice, with copies directed to the SMO and DPW. 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 promptly provided to the SMO, and such records shall be retained on site for at least five years.
A. 
When the Village's Stormwater Management Officer determines that a person has violated a prohibition or failed to meet a requirement of this article or this chapter, he or she may order compliance by written notice of violation to the owner and the discharger, if different than the owner, as the alleged responsible person. A stop-work order or withholding or withdrawal of a building permit or a certificate of occupancy or application therefor may also occur per § 165-40. Such notice and/or subsequent enforcement remedies 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 and/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 fee, a fine, and/or recoupment of all quantified Village expenditures as necessary to abate the violation;
(6) 
The implementation of source control or treatment BMPs; and
(7) 
Ordering that all permits, approvals and/or authorizations be obtained, if lawfully permitted by statute, for any continuing discharges, practices and/or operations.
B. 
If abatement of a violation and/or restoration of affected property is ultimately required, written confirmation 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 may be undertaken and completed by a designated Village governmental agency or a Village-retained contractor, and all expenses thereof shall be charged to the discharger and/or the owner as the violator, in addition to any fees, fines or penalties which may be assessed, including stop-work orders, or withholding or withdrawal of building permit of certificate of occupancy.
C. 
Prior notice shall not be required in the event that the Stormwater Management Officer reasonably determines that an imminent threat to life may exist as a result of the violation of this article.
A. 
Procedure. Any person receiving a notice of violation may appeal the determination of the Stormwater Management Officer within 15 days of its issuance. Said appeal shall be filed with the Stormwater Management Officer, who shall transmit her/his original findings and the appeal to the Village Trustees (and Village Clerk), unless there is a cited violation of zoning performance standards, or other zoning regulations (Chapter 212), in which case the Zoning Board of Appeals has statutory standing and shall serve as the appeal body. Copies of the appeal package shall also be provided to the Department of Public Works Superintendent, Village Clerk, Village Planner, Village Attorney and Engineer. When the Village Trustees have standing, they shall hear the appeal within 30 days after the filing of the appeal and, within five business days of making their written decision, file their final written decision with Village Clerk and mail a copy of their decision by certified mail to the discharger, and provide a copy to the SMO, DPW Superintendent, Village Engineer and Attorney; otherwise, the ZBA shall follow protocols within zoning.
B. 
Relief. Persons who may be individually, jointly or severally aggrieved by any determination made by the Village Trustees, or the Zoning Board of Appeals, as the case may be, may apply to the Supreme Court of the State of New York for review of such decision under Article 78 of the Civil Practice Laws and Rules of the State of New York.
A. 
Absent other controlling procedures, if an appeal under this chapter has been pursued and the violation has not been corrected pursuant to the requirements set forth in the notice of violation which has been adjudicated, then within 21 business days of the written issuance of the decision upholding the Stormwater Management Officer's action, the SMO shall request the owner's permission for access to the subject 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 property, the Stormwater Management Officer may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property and make any and all determinations which are authorized. Upon determination that a violation has occurred and/or is continuing, 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 as set forth in § 165-16, Enforcement, and besides the cost of any needed remediation and fees, the Village can pursue up to double the damages otherwise provided in § 165-19, Penalties for offenses.
C. 
Nothing in this section shall be read to limit, abrogate or otherwise affect the authority possessed by the Stormwater Management Officer pursuant to § 165-12A of this article.
A. 
Administrative sanctions.
(1) 
Any person who violates the provisions of this chapter, including any provision of any authorization issued, any condition set, or any fees required, shall be liable to the Village for a civil penalty of not more than $3,000 for every such violation. Each week of the violation may be considered a separate offense. Such civil penalty may be recovered in any action brought by the Village at the request and in the name of the Village in any court of competent jurisdiction. Such penalty shall be in addition to any separate required fees or remediation/corrective action/compliance expenses.
(2) 
Such civil penalty may be released or compromised by written action of the Village, and any action commenced to recover the same may be settled and discontinued by the Village. Any such penalty of the Village shall be enforceable in an action brought in any court of competent jurisdiction. Any civil penalty or order issued by the Village pursuant to the criteria set forth herein shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.
B. 
Criminal sanctions. Any person who violates the provisions of this chapter, including any provision of any authorization issued, any condition set, or fees required pursuant to this article, may, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $500 and not more than $1,000. For a second and each subsequent offense, he/she shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than 30 days nor more than six months, or both. Each violation may be deemed a separate and distinct offense, and in the case of continuing violation, each week in continuance thereof may be deemed a separate and distinct offense.
C. 
Final determination; costs. In addition to the foregoing remedies, any person who violates the provisions of this chapter and is found guilty by a final administrative determination and/or a final adjudicated determination by a court of competent jurisdiction shall be responsible for paying over to and reimbursing the Village for all quantified costs, penalties and/or fines as may result from, or be imposed by, the Department, the EPA, and/or any other enforcement agency pursuant to the Clean Water Act, the State Pollutant Discharge Elimination System (SPDES) requirements, and/or any other applicable statutory authority for such violation.
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 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 and/or remediation of the violation and/or for such other further relief as any court of competent jurisdiction may order.
A. 
Where a person has been charged with violations of this chapter and/or when a person has been determined to have violated a provision of this chapter, he or she may be eligible for alternative remedies in lieu of a civil and/or criminal penalty, upon written recommendation of the Building Department Chief, Village Attorney, and the Village Trustees where a written determination is made that:
(1) 
The violation was unintentional;
(2) 
The violator has no history of previous violations of this article;
(3) 
Any environmental damage was minimal;
(4) 
The violator acted quickly to remedy the violation; and/or
(5) 
The violator cooperated in the investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at stormwater management compliance workshops.
(2) 
Storm drain stenciling and/or storm drain marking.
(3) 
Tree planting, other planned vegetative plantings, or other predetermined and prearranged environmental or ecological enhancements.
(4) 
Participation in community outreach programs concerning stormwater management.
(5) 
Other desirable reasonably related mitigation set forth in a local or regional plan or program or policy.
C. 
In the event of noncompliance with the foregoing alternative remedies, the Village reserves the right to enforce any and all provisions of this article.
The remedies listed in this article and this chapter are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the Stormwater Management Officer to make such recommendations on alternative remedies and the Village Trustees to make such determinations. Nothing in this article shall be read to preclude the enforcement by the Village of any other laws as may be applicable to illicit discharges, including but not limited to statutory authorizations as set forth within the New York State Highway Law, the New York State Village or General Municipal Law, and the New York State Public Health Law.
The Stormwater Management Officer shall submit an annual report to the Village Trustees not later than the first day of February of each year concerning the administration, efficacy and enforcement of this chapter. Such reports and recommendations shall assist the Village to monitor and evaluate the extent to which the intent and purpose of this article have been served.
Where the standards and legal requirements of this article are in conflict with other environmental and/or land use regulations and/or other environmental protective measures, the Village shall decide which standards and legal requirements shall apply, and it may choose those that are more restrictive.
This article shall be interpreted under, construed by and governed pursuant to the laws of the State of New York.