[HISTORY: Adopted by the Town Board of the Town of Monroe 12-3-2007
by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 27B.
Lakefront lands — See Ch. 32.
Sewerage systems — See Ch. 41.
Sewer use — See Ch. 42.
Soil erosion and sedimentation control — See Ch. 44.
Stormwater, soil erosion and sediment control — See Ch. 47.
Communal water systems — See Ch. 54.
Wetlands — See Ch. 56.
Zoning — See Ch. 57.
Subdivision regulations — See Ch. A65.
[1]
Editor's Note: This local law also repealed former Ch. 33, Landfill,
adopted 2-7-1979 by L.L. No. 2-1979, as amended.
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of the Town of Monroe through the regulation
of nonstormwater discharges to the municipal separate storm sewer system (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 SPDES General Permit
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 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:
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES Permit for Stormwater
Discharges from Construction Activity, GP-02-01, as amended or revised. These
activities include construction projects resulting in land disturbance of
one or more acres. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
A New York State licensed professional engineer or licensed architect.
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including, but not limited to,
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 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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 33-6 of this chapter.
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.
Activities requiring the SPDES Permit for Discharges from Industrial
Activities Except Construction, GP-98-03, as amended or revised.
The Town of Monroe.
A conveyance or system of conveyances, including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains owned or operated by the Town of Monroe and designed
or used for collecting or conveying stormwater and which is not a combined
sewer and which is not part of a publicly owned treatment works (POTW) as
defined at 40 CFR 122.2.
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, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal or agricultural waste and ballast discharged
into water which may cause or might reasonably be expected to cause pollution
of the waters of the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
Discharge Compliance with Water Quality Standards: the condition that
applies where a municipality has been notified that the discharge of stormwater
authorized under its MS4 permit may have caused or has the reasonable potential
to cause or contribute to the violation of an applicable water quality standard.
Under this condition, the municipality must take all necessary actions to
ensure future discharges do not cause or contribute to a violation of water
quality standards.
303(d) Listed Waters: the condition in the municipality's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under this
condition, the stormwater management program must ensure no increase of the
listed pollutant of concern to the 303(d) listed water.
Total Maximum Daily Load (TMDL) Strategy: the condition in the municipality's
MS4 permit where a TMDL including requirements for control of stormwater discharges
has been approved by the EPA for a water body or watershed into which the
MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater
allocations prior to September 10, 2003, the municipality was required to
modify its stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies if
a TMDL is approved in the future by the EPA for any water body or watershed
into which an MS4 discharges. Under this condition, the municipality must
review the applicable TMDL to see if it includes requirements for control
of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations,
the municipality must, within six months of the TMDL's approval, modify
its stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
A permit issued by the Department that authorizes the discharge of
pollutants to waters of the state.
Rain water, surface runoff, snowmelt and drainage.
The Building Inspector, the municipal engineer or other employee
designated by the Town Board to enforce this chapter. The Stormwater Management
Officer may also be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
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.
The maximum amount of a pollutant to be allowed to be released into
a water body so as not to impair uses of the water, allocated among the sources
of that pollutant.
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
This chapter 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) shall administer, implement, and
enforce the provisions of this chapter. Such powers granted or duties imposed
upon the authorized enforcement official may be delegated in writing by the
Stormwater Management Officer as may be authorized by the municipality.
A.
No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless the Department or the municipality has
determined them to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater infiltration
to storm drains, uncontaminated pumped groundwater, foundation or footing
drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(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 chapter.
(3)
Dye testing in compliance with applicable state and local
laws is an allowable discharge, but requires a verbal notification to the
Stormwater Management Officer prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an 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 MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
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.
(3)
A person is considered to be in violation of this chapter
if the person connects a line conveying sewage to the municipality's
MS4 or allows such a connection to continue.
No persons shall operate a failing individual sewage treatment system
in areas tributary to the municipality's MS4. A failing individual sewage
treatment system is one that 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 component 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.
A.
Activities that are subject to the requirements of this section are those types of activities that cause or contribute to a violation of the municipality's MS4 SPDES permit or cause or contribute to the municipality being subject to the special conditions as defined in § 33-2 (Definitions) of this chapter.
B.
Such activities include failing individual sewage treatment systems as defined in § 33-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
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 municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the Stormwater Management Officer has identified illicit discharges as defined in § 33-2 or activities contaminating stormwater as defined in § 33-7, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at his/her own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through the
use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 33-2 or an activity contaminating stormwater as defined in § 33-7, 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 MS4.
(3)
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.
B.
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 33-2 of this chapter, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents,
kitchen wastes, laundry wastes, and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A to the maximum
extent practicable.
(b)
A design professional licensed to practice in New York
State shall prepare design plans for any type of absorption field that involves:
(c)
A written certificate of compliance shall be submitted
by the design professional to the municipality at the completion of construction
of the repair or replacement system.
A.
The Stormwater Management Officer may, without prior
notice, suspend 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 or welfare of persons,
or to the MS4. The Stormwater Management Officer shall notify the person of
such suspension within a reasonable time thereafter, in writing, and of the
reasons for the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the Stormwater Management Officer may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons.
B.
Any person discharging to the municipality's MS4
in violation of this chapter may have his/her MS4 access terminated if such
termination would abate or reduce an illicit discharge. The Stormwater Management
Officer will notify a violator in writing of the proposed termination of its
MS4 access and the reasons therefor. The violator may petition the Stormwater
Management Officer for a reconsideration and hearing. Access may be granted
by the Stormwater Management Officer if he/she finds that the illicit discharge
has ceased and the discharger has taken steps to prevent its recurrence. Access
may be denied if the Stormwater Management Officer determines in writing that
the illicit discharge has not ceased or is likely to recur. A person commits
an offense if the person reinstates MS4 access to premises terminated pursuant
to this section, without the prior approval of the Stormwater Management Officer.
Any person subject to an industrial or construction activity SPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the municipality
prior to the allowing of discharges to the MS4.
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 cause to
believe that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this chapter.
B.
Access to facilities.
(1)
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 that require proper identification
and clearance before entry into its premises, the discharger shall make the
necessary arrangements to allow access to the Stormwater Management Officer.
(2)
Facility operators shall allow the Stormwater Management
Officer ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records as may be required to implement
this chapter.
(3)
The municipality shall have the right to set up on any
facility subject to this chapter such devices as are necessary in the opinion
of the Stormwater Management Officer to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The municipality 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 at its own expense. All devices used
to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
(5)
Unreasonable delays in allowing the municipality access
to a facility subject to this chapter are a violation of this chapter. A person
who is the operator of a facility subject to this chapter commits an offense
if the person denies the municipality reasonable access to the facility for
the purpose of conducting any activity authorized or required by this chapter.
(6)
If the Stormwater Management Officer has been refused
access to any part of the premises from which stormwater is discharged, and
he/she is able to demonstrate probable cause to believe that there may be
a violation of this chapter, 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 chapter or any order issued hereunder, then the Stormwater Management
Officer may seek issuance of a search warrant from any court of competent
jurisdiction.
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 is 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 municipality
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 municipality 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.
A.
Notice of violation. When the municipality's Stormwater
Management Officer finds that a person has violated a prohibition or failed
to meet a requirement of this chapter, he/she may order compliance by written
notice of violation to the responsible person. Such notice may require, without
limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall
cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation or restoration
must be completed. Said notice shall further advise that, should the violator
fail to remediate or restore within the established deadline, the work will
be done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
B.
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. Each week's continued violation shall constitute
a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the Stormwater Management Officer to the Town Board within 15 days of its
issuance, which shall hear the appeal within 30 days after the filing of the
appeal, and within five days of making its decision, file its decision in
the office of the Town Clerk and mail a copy of its decision by certified
mail to the discharger.
A.
If the violation has not been corrected pursuant to the
requirements set forth in the notice of violation, or, in the event of an
appeal, within five business days of the decision of the Town Board upholding
the decision of the Stormwater Management Officer, then the Stormwater Management
Officer shall request the owner's permission for access to the subject
private property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
B.
If refused access to the subject private property, the
Stormwater Management Officer may seek a warrant in a court of competent jurisdiction
to be authorized to enter upon the property to 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 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 or remediation of the violation.
A.
Where a person has violated a provision of this chapter,
he/she may be eligible for alternative remedies in lieu of a civil penalty,
upon recommendation of the Municipal Attorney and concurrence of the Municipal
Code Enforcement Officer, where:
The remedies listed in this chapter 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.