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.