[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-1968 by Ord. No. 1-1968 as Ch. 82 of the 1968 Code]
[Amended 4-20-2010 by L.L. No. 3-2010]
No person, corporation or association shall throw, place, deposit or discharge into any waters, streams or waterways in the Village of Lindenhurst any sewage, garbage, offal, waste, refuse, ashes, discharged pool water, discharged car wash water, vehicle fluids of any kind, laundry wastewater, spills or leaks from motor vehicle accidents and/or any other destructive material and/or matter unless proper written authority has first been obtained to do so.
[Amended 9-8-1987 by L.L. No. 13-1987; 6-16-1992 by L.L. No. 2-1992]
Any person violating the provision of this article or any part thereof shall be liable to a penalty not less than $50 nor more than $250 for a first offense and not less than $250 nor more than $1,000 for a second offense.
[Adopted 12-7-2010 by L.L. No. 8-2010]
The purpose of this article is to provide for the health, safety, and general welfare of the residents and general public of the Village of Lindenhurst through the regulation of nonstormwater discharges to the Village of Lindenhurst municipal separate stormwater drainage system (MS4) to the maximum extent practicable as required by Section 402 of the Clean Water Act and New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) Permit Number NYR20A270, issued pursuant to Article 17, Titles 7 and 8, and Article 70 of the Environmental Conservation Law, or as amended or revised. This article establishes methods for controlling the introduction of pollutants into the Village of Lindenhurst MS4 system in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this article are:
To meet the requirements of the SPDES General Permit for Stormwater Discharges from the Village of Lindenhurst MS4, Permit No. NYR20A270, or as amended or revised;
To regulate the contribution of pollutants to the Village of Lindenhurst MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
To prohibit illicit connections, activities and discharges to the Village of Lindenhurst MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and
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 Village of Lindenhurst MS4.
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:
- 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 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.
- BEST MANAGEMENT PRACTICES (BMPs)
- 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.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- 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.
- The New York State Department of Environmental Conservation.
- DESIGN PROFESSIONAL
- New York State licensed professional engineer or licensed architect.
- 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 CONNECTIONS
- Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Village of Lindenhurst 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 Village of Lindenhurst 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 the Village of Lindenhurst; or
- B. Any drain or conveyance connected from a commercial or industrial land use to the Village of Lindenhurst MS4 which has not been documented in plans, maps, or equivalent records and approved by the Village of Lindenhurst.
- ILLICIT DISCHARGE
- Any direct or indirect nonstormwater discharge to the Village of Lindenhurst MS4, except as exempted in § 189-7, Discharge prohibitions, of this article.
- 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.
- Municipal separate storm sewer system, including the Village of Lindenhurst separate stormwater drainage system.
- The Village of Lindenhurst.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
- NONSTORMWATER DISCHARGE
- Any discharge to the MS4 that is not composed entirely of stormwater.
- Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
- Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, animal waste, chemicals, sediment, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, discharged pool water, commercially discharged car wash water, vehicle fluids of any kind, laundry wastewater, 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. Contaminants in quantities or characteristics, which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas of the Village of Lindenhurst.
- Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER MANAGEMENT OFFICER(S)
- Employees and/or code enforcement officers of the Village of Lindenhurst or other public official(s) designated by the Mayor and Board of Trustees to enforce this article. The SMO may also be designated by the Mayor and Board of Trustees to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
- Total maximum daily load.
- TOTAL MAXIMUM DAILY LOAD
- The maximum amount of a pollutant to be allowed to be released into a waterbody 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 MS4 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 SMO as may be authorized by the Mayor and Board of Trustees.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the Village of Lindenhurst MS4 any materials other than stormwater except as provided in Subsection A(1) of this section. The commencement, conduct or continuance of any illegal discharge to the Village of Lindenhurst MS4 is prohibited except as described as follows:
The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the Village of Lindenhurst 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, 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.
Temporary discharges approved in writing by the designated SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article. The SMO may authorize in writing temporary permission for the discharge of uncontaminated groundwater for dewatering purposes during construction activity to the Village of Lindenhurst MS4 system if the following conditions are met: high groundwater conditions exist in the area of the proposed construction; there is no reasonable alternative but to discharge to the Village of Lindenhurst MS4 system; the proposed discharge will not damage the Village of Lindenhurst MS4 system; the Village of Lindenhurst MS4 system can handle the proposed discharge volume; the discharge will not contain any significant levels of contaminants that are in violation of any local, New York State or federal regulations; and an adequate sediment control plan is prepared and approved by the Village of Lindenhurst. It is also the applicant's responsibility to obtain any and all required New York State Department of Environmental Conservation permits for the temporary discharge as necessary.
Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a written notification to the Village of Lindenhurst prior to the time of the test.
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 Village of Lindenhurst, 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 of Lindenhurst MS4.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the Village of Lindenhurst MS4 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 drainage water and/or sewage to the Village of Lindenhurst's MS4, or allows such a connection to continue.
No persons shall operate a failing individual cesspool or sewage treatment system in areas tributary to the Village of Lindenhurst's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
The backup of sewage into a structure.
Discharges of treated or untreated sewage onto the ground surface.
A connection or connections to a separate stormwater sewer system.
Liquid level in the septic tank above the outlet invert.
Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.
Contamination of off-site groundwater.
Activities that are subject to the requirements of this section are those types of activities that:
Such activities include failing individual cesspools or sewage treatment systems as defined in § 189-8, improper management of animal waste or any other activity that causes or contributes to violations of the Village of Lindenhurst's MS4 SPDES permit authorization.
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Village of Lindenhurst's MS4 SPDES permit authorization.
Where the Village of Lindenhurst has identified illicit discharges as defined in § 189-4 or activities contaminating stormwater as defined in § 189-9, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
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 Village of Lindenhurst's MS4 through the use of structural and nonstructural BMPs.
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in § 189-4 or an activity contaminating stormwater as defined in § 189-9 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 Village of Lindenhurst's MS4.
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.
The Village of Lindenhurst/SMO(s) may, without prior notice, suspend Village of Lindenhurst MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health, welfare, or safety of the public at large, or to the MS4. The Village of Lindenhurst/SMO(s) 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 Village of Lindenhurst SMO(s) may take such steps as deemed necessary to prevent or minimize damage to the Village of Lindenhurst MS4 or to minimize danger to persons.
Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this article may have their Village of Lindenhurst MS4 access terminated if such termination would abate or reduce an illicit discharge. The Village of Lindenhurst/SMO(s) will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the Village of Lindenhurst/SMO(s) for a reconsideration and hearing. Access may be granted by the SMO 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 Village of Lindenhurst/SMO(s) determine in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates Village of Lindenhurst MS4 access to premises terminated pursuant to this section, without the prior approval of the Village of Lindenhurst/SMO(s).
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 will be required in a form acceptable to the Village of Lindenhurst prior to the allowing of discharges to the Village of Lindenhurst MS4.
Applicability. This section applies to all facilities that the Village of Lindenhurst/SMO(s) 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.
Access to facilities.
The Village of Lindenhurst/SMO(s) shall be permitted to enter and inspect facilities subject to regulation under this article and/or Chapter 193 of the Code of the Village of Lindenhurst 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 Village of Lindenhurst/SMO(s).
Facility operators shall allow the of Village Lindenhurst SMO(s) 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.
The Village of Lindenhurst shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the Village of Lindenhurst/SMO(s) to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Village of Lindenhurst 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.
Unreasonable delay in allowing the Village of Lindenhurst 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 Village of Lindenhurst/SMO(s) reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
If the Village of Lindenhurst/SMO(s) has been refused access to any part of the premises from which stormwater is discharged, and the Village of Lindenhurst SMO(s) 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 Village of Lindenhurst/SMO(s) may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of this article, 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 Village of Lindenhurst 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. At minimum, the notification shall include the Village of Lindenhurst Administrator, Village of Lindenhurst Building Inspector and Fire Marshal, the Suffolk County Department of Health Services Office of Pollution Control, New York State Department of Environmental Conservation Oil Spill Division and Division of Hazardous Materials. In the event of a release of nonhazardous materials, said person shall notify the Village of Lindenhurst SMO(s) 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 Village of Lindenhurst 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.
Notice of violation. When the Village of Lindenhurst SMO(s) finds that a person has violated a prohibition or failed to meet a requirement of this article, the Village of Lindenhurst/SMO(s) may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
The performance of monitoring, analyses, and reporting;
Payment of a fine; and
The implementation of source control or treatment BMP(s). If abatement of a violation and/or restoration of affected property are 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.
Penalties. Any person who shall violate any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, a fine not exceeding $350 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of one year, shall be guilty of a violation and, upon conviction, a fine not less than $750 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,000 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, 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.
Any person receiving a notice of violation may appeal the determination of the SMO(s) to the Lindenhurst Village Attorney within 15 days of its issuance, who shall hear the appeal within 60 days after the filing of the appeal and, within five days of making his or her decision, file his or her decision in the office of the Lindenhurst Administrator Clerk and mail a copy of his or her decision by certified mail to the discharger.
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 municipal authority upholding the decision of the Village of Lindenhurst/SMO(s), then the SMO(s) 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.
If refused access to the subject private property, the Village of Lindenhurst SMO(s) 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 SMO(s) 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.
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 Village of Lindenhurst/SMO(s) 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.
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 Municipal Attorney and concurrence of the Village of Lindenhurst/SMO(s), where:
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.
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.