The purpose of this chapter is to provide for the health, safety
and general welfare of the residents of the City of Mount Vernon through
the regulation of connections to the City's municipal separate
storm sewer system (MS4) and the regulation of nonstormwater discharges
to the (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 New York State Department of Environment Conservation's
(NYSDEC) SPDES General Permit (GP-02-02) for Municipal Separate Storm
Sewer Systems. The objectives of this chapter are:
A. To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02 or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C. To prohibit unauthorized and illicit connections, activities and
discharges to the MS4;
D. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter; and
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this chapter, unless a different meaning is
stated in a definition applicable to only a portion of this chapter,
the following terms will have meanings set forth below:
303(D) LIST
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 NYSDEC
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.
BEST MANAGEMENT PRACTICES (BMP)
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.
CHAPTER
Chapter of the City of Mount Vernon, New York.
CITY
The City of Mount Vernon, New York.
CITY ENGINEER
The City Engineer of the City of Mount Vernon, New York.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONNECTION PERMIT
An authorization for connection as well as a discharge permitted under §
154-13, as well as a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the City Engineer. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
CONSTRUCTION ACTIVITY
Activities requiring authorization under a NYSDEC SPDES permit
for stormwater discharges from construction activity, GP-02-O1, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the City. These activities include construction projects resulting
in land disturbance equal to or greater than the area stipulated in
statutes or regulations of the state, county or the City, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
COUNTY
The County of Westchester.
GENERAL PERMIT
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per §
154-6A), from properties occupied by private dwellings.
HAZARDOUS MATERIALS
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.
ILLICIT ACTIVITY
Any action or condition, active or passive, that results
in nonstormwater entering the City's MS4.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4 including, but
not limited to:
A.
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
B.
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;
C.
Any building or structure floor drain or trench drain; and
D.
Any unauthorized connection as defined elsewhere in this section.
ILLICIT DISCHARGE
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
154-6.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
MS4
Municipal separate storm sewer system owned by the City or
another municipal entity.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, drywells
or any other component of a stormwater system) that is:
A.
Owned or operated by the City or another municipal entity;
B.
Designed or used for collecting or conveying or storing or infiltrating
or managing stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
MUNICIPALITY
A county, town, city, village or other unit of government.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
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.
POLLUTANT
Anything, which causes or contributes to pollution. Pollutants
may include, but are not limited to, dredged spoil, filter backwash,
solid waste, incinerator residue, treated or untreated sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, hazardous 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. Also, paints, varnishes, and solvents; oil and other
automotive fluids; hazardous or nonhazardous liquid and solid wastes,
yard wastes including branches, grass clippings and leaves; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations so that same may cause or contribute to pollution;
and discharges of soaps, detergents, or floatables; pesticides, herbicides,
and fertilizers; sewage, fecal coliforms and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building, structure or site improvements; cement,
gravel, sand, silt, mud, other soils, and noxious or offensive matter
of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
Discharge Compliance with Water Quality Standards. The condition
that applies where an MS4 has been notified that the discharge of
stormwater authorized under their MS4 SPDES 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
MS4 must take all necessary actions to ensure future discharges do
not cause or contribute to a violation of water quality standards.
B.
303(d) Listed Waters. The condition in an MS4 SPDES permit that
applies where the MS4 discharges to a NYSDEC 303(d) listed water.
Under this condition the MS4's stormwater management program
must ensure no increase of the listed pollutant of concern to the
303(d) listed water.
C.
Total Maximum Daily Load (TMDL) Strategy. The condition in an
MS4 SPDES permit where a TMDL including requirements for control of
stormwater discharges has been approved by EPA for a water body or
watershed into which the MS4 discharges. If the discharge from the
MS4 did not meet the TMDL stormwater allocations prior to September
10, 2003, the MS4 was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
D.
The condition in an MS4 permit that applies if a TMDL is approved
in the future by EPA for any water body or watershed into which an
MS4 discharges. Under this condition the MS4 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 MS4 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.
SPECIAL PERMIT
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per §
154-6A), from all properties occupied by other than private dwellings.
STORMWATER
Rainwater, surface runoff, subsurface drainage and snowmelt.
STORMWATER MANAGEMENT OFFICER (SMO)
The City Engineer of the City of Mount Vernon (or the person
serving in the capacity of the City Engineer) or his/her authorized
deputies, agents or representatives, including employees of other
City Departments, as appropriate. The SMO is to enforce this chapter,
review stormwater pollution prevention plans, forward the plans to
the applicable municipal board and inspect stormwater management practices.
TMDL
Total maximum daily load.
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.
UNAUTHORIZED CONNECTION
A permanent or temporary unapproved direct or indirect conveyance
to the City's MS4. Any connection, pipe, hose, or other conveyance
that is not documented on plans, maps, or equivalent records signed
by the City Engineer or that is not approved by a permit issued by
the City Engineer, is considered unauthorized regardless of whether
the discharge is otherwise allowed by this chapter.
UNCONTAMINATED
Means "free of pollutants" (see definition of "pollutant").
WASTEWATER
Water that is not stormwater is contaminated with pollutants
and is or will be discarded.
This chapter shall apply to discharged connections to the City's
MS4. This includes activities that result in discharge, seepage or
deposition into the City's MS4, and all water entering the MS4
generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency and allowed by a discharge
or connection permit or other document approved by the City Engineer.
This chapter shall also apply to discharges and connections entering
another MS4 that is tributary to the City's MS4.
The City Engineer of the City of Mount Vernon, as the Storm
Water Management Officer (SMO) for the City, or duly authorized deputies,
agents or representatives, including employees of other City Departments,
as appropriate, shall administer, implement, and enforce the provisions
of this chapter.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the City's MS4 any materials other than stormwater except as provided in §
154-6A. The commencement, conduct or continuance of any illicit (illegal) discharge to the MS4 is prohibited except as described as follows:
A. The following discharges are exempt from discharge prohibitions established
by this chapter, unless they are subsequently determined to be substantial
contributors of pollutants: water line flushing or other potable water
sources, uncontaminated landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation
or footing drains, uncontaminated crawl space or basement sump pump
discharges, air conditioning condensate, uncontaminated 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. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
B. Discharges approved in writing by the City Engineer 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, chapters and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the City Engineer may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this
chapter.
C. Dye testing in compliance with applicable state and local laws or
chapters is an allowable discharge, but requires a verbal notification
to the City Engineer 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 NYSDEC, provided that
the discharger is in full compliance with all requirements of the
permit waiver, or order and other applicable laws, chapters and regulations,
and provided that written approval has been granted for any discharge
to the MS4 by the City Engineer.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the City'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 components of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F. Contamination of off-site groundwater.
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 City Engineer prior to the allowing of
discharges to the MS4.
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 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. In the
event of a release of nonhazardous materials, said person shall notify
the City Engineer 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 City
Engineer 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 three years.
Any person receiving a notice of violation may appeal within
15 calendar days of its issuance. The City Engineer shall hear the
appeal within 30 days after the filing of the appeal, and within five
days of making his/her decision, issue a decision by certified mail
to the discharger. The City Engineer may conduct the hearing and take
evidence or may designate any officer or employee of the Office of
the City Engineer to do so.
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 City Engineer 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 and regulations 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.