[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 11-7-2007 by L.L. No. 12-2007. Amendments noted
where applicable.]
The purpose of this chapter is to provide for
the health, safety and general welfare of the residents of the Village
of Ossining through the regulation of connections to the Village'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 Environmental
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:
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.
This chapter of the Code of the Village of Ossining, New
York.
An authorization for connection as well as a discharge permitted under § 164-13 of this chapter, 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 Village 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.
Activities requiring authorization under a NYSDEC SPDES Permit
for Stormwater Discharges From Construction Activity, GP-02-01, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the Village. 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 Village, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
The County of Westchester.
New York State licensed professional engineer or licensed
architect.
The Building Department will enforce this chapter.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 164-6A(1) of this chapter), from properties occupied by private dwellings.
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 action or condition, active or passive, that results
in nonstormwater entering the Village's MS4.
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 building or structure floor drain or trench
drain; and
Any unauthorized connection as defined elsewhere
in this section.
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 164-6 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.
Municipal separate storm sewer system owned by the Village
or another municipal entity.
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 county, town, city or village or other unit of government.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Office of the Village Engineer of the Village of Ossining
or duly authorized deputies, agents or representatives, including
employees of other Village departments that are designated by the
Village Engineer.
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.
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.
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 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.
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.
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.
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 TMDLs approval,
modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 164-6A(1) of this chapter), from all properties occupied by other than private dwellings.
The State of New York.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, subsurface drainage and snowmelt.
The Village Engineer of the Village of Ossining or person
designated to serve by the Village Engineer, including professional
consultants. The SMO is to 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 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.
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.
A permanent or temporary unapproved direct or indirect conveyance
to the Village's MS4. Any connection, pipe, hose, or other conveyance
that is not documented on plans, maps, or equivalent records signed
by the Village Engineer or that is not approved by a permit issued
by the Village Engineer is considered unauthorized, regardless of
whether the discharge is otherwise allowed by this chapter.
Free of pollutants (see definition of "pollutant").
The Village of Ossining.
The Village Engineer of the Village of Ossining or duly authorized
deputies, agents or representatives, including employees of other
Village Departments that are designated by the Village Engineer.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This chapter shall apply to discharge connections
to the Village MS4. This includes activities that result in discharge,
seepage or deposition into the Village'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 Village Engineer.
This chapter shall also apply to discharges and connections entering
another MS4 that is tributary to the Village MS4.
The Village Engineer of the Village of Ossining,
as the Stormwater Management Officer (SMO) for the Village, or duly
authorized deputies, agents or representatives, including employees
of other Village Departments designated by the Village Engineer, as
appropriate, shall administer and implement 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.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the Village's MS4 any materials other than stormwater except as provided in § 164-6A(1). The commencement, conduct or continuance of any illicit (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 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
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 Village 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 Village Engineer 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 or chapters is an allowable discharge, but requires a verbal
notification to the Village Engineer prior to the time of the test.
(4)
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 Village Engineer.
Connections to the Village's MS4 without a permit
are prohibited.
A.
Any connection to the Village's MS4 is considered
to be an unauthorized connection unless it has been approved by a
permit issued by the Village Engineer or documented on a plan or map
that has been approved by the Village Engineer. This constraint applies
to all connections, permanent or temporary, regardless of whether
the discharge is otherwise permitted by this chapter.
B.
The construction, use, maintenance or continued existence
of unauthorized connections to the Village's MS4 is prohibited.
C.
This prohibition expressly includes, without limitation,
connections made in the past, regardless of whether the connection
was permissible under law, chapter or practices applicable or prevailing
at the time of connection.
D.
A person is considered to be in violation of this
chapter if the person connects a line conveying sewage or other pollutants
to the Village's MS4, or allows such a connection to continue.
E.
The connection of interior floor drains and trench
drains at the entrances to buildings or other structures is prohibited.
No persons shall operate a failing individual
sewage treatment system in areas directly or indirectly draining or
discharging to the Village'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.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
(1)
Cause or contribute to a violation of the Village's
MS4 SPDES permit.
(2)
Cause or contribute to the Village being subject to the special conditions as defined in § 164-2 of this chapter.
(3)
Cause or contribute to the Village's MS4 receiving pollutants as defined in § 164-2 of this chapter.
(4)
Cause or contribute to the Village's MS4 receiving
discharges from an undocumented or unauthorized connection (whether
permanent or temporary).
B.
Such activities include failing individual sewage treatment systems as defined in § 164-8 of this chapter, improper management of pet waste or any other activity that causes or contributes to violations of the Village'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 Village's
MS4 SPDES permit authorization or cause or contributes to pollutants
being discharged to the Village's MS4, 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's MS4
SPDES permit authorization, or causes or contributes to pollutants
to be discharged or deposited into the Village's MS4.
A.
Best management practices. Where the Village Engineer has identified illicit discharges as defined in § 164-2 of this chapter or activities contaminating stormwater as defined in § 164-7 of this chapter, the Village Engineer 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 their own expense, reasonable protection
from accidental discharge of prohibited materials, pollutants or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(3)
Any person responsible for a property or premises which is the source of an illicit discharge as defined in § 164-2 of this chapter or an activity contaminating stormwater as defined in § 164-9 of this chapter 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.
(4)
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 in
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 Village's MS4 being subject to the special conditions as defined in § 164-2 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 and maintain records of such inspection.
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 75-A 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 Village at the completion
of construction of the repair or replacement system.
A.
The Village Engineer 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 Village Engineer 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
Engineer may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons at the owner's
expense.
B.
Suspension due to the detection of illicit discharge
or unauthorized connection. Any person discharging to the Village's
MS4 in violation of this chapter may have their MS4 access terminated
if such termination would abate or reduce an illicit discharge or
result in the remedy of an unauthorized connection. The Building Department
will notify a violator in writing of the proposed termination of its
MS4 access and the reasons therefor. The violator may petition the
Building Department for a reconsideration or appeal their case to
the Zoning Board of Appeals. Access may be granted by the Village
Engineer if he/she finds that the illicit discharge has ceased and
the discharger has taken steps to prevent its recurrence, or that
the discharger has obtained proper permission for the connection.
Access may be denied if the Village Engineer determines in writing
that the illicit discharge has not ceased or is likely to recur or
the unauthorized connection has not been remedied. A person commits
an offense if the person reinstates MS4 access to premises terminated
pursuant to this section without the prior approval of the Village
Engineer.
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 Village Engineer prior to the allowing
of discharges to the MS4.
A.
General. Any connection to the Village's MS4 requires
a permit issued by the Village Engineer. Applications for permits
shall be made on forms provided by the Office of the Village Engineer.
Permit applications shall be supplemented by any plans, specifications,
analyses, calculations or other information considered pertinent by
the Village Engineer. The Village considers connection to its MS4
as a last resort to solve flooding problems. Before approving a connection,
the Village will require that applicants use on-site best management
practices to handle stormwater and other authorized nonstormwater
discharges to the maximum extent practicable. The Office of the Village
Engineer will assess the adequacy of the applicant's on-site stormwater
disposal management practices.
B.
Permit types.
(1)
General permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 164-6A(1) of this chapter) from properties occupied by private dwellings.
(2)
Connection permit. An authorization for connection as well as discharge authorized under § 164-13 of this chapter, as well as for 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 Village 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.
C.
Permit fees. There shall be a permit application fee
and inspection fee in amounts as set forth in a fee schedule established
from time to time by resolution of the Village Board.
D.
Inspection. All connections to the Village's MS4 shall
be subject to the approval and inspection by the Village or Village's
designated professional consultant and at the owner's expense. The
applicant must notify the Office of the Village Engineer at least
48 hours prior to commencing work and at least 48 hours prior to final
restoration.
E.
Indemnification. The property owner shall indemnify
and save the Village harmless from any loss, damage or expense, claims
or suits arising out of and in connection with the installation and
connection to the Village's MS4. In addition, the Village makes no
guarantee that its MS4 will not become surcharged or otherwise overburdened
and that water from the MS4 will not back up through the connection
onto the owner's property. By making a connection, the applicant/owner
assumes all of the risk and liability that may arise from it.
F.
Permit transfers. General permits may be transferred
with the sale of a residential property, provided the use does not
change. The new property owner shall comply with the terms and conditions
of the transferred permit. Special permits are not transferable without
approval of the Village Engineer.
G.
Work within Village roads. Any connection made within
or involving work within a Village road will also comply and be subject
to any and all applicable chapters and regulations pertaining to permits
for work on and within Village streets and roads. A permit under this
chapter does not relieve the applicant from the permits under the
foregoing chapters and regulations.
H.
Other permits required. A connection permit issued
pursuant to this chapter does not relieve the applicant from any and
all other permits, permissions, or compliance with rules and regulations
that may be required by federal, state, county, town, city, Village
government agencies or other public or private parties. This permit
does not supersede any of the above.
I.
Permit rules and regulations. The Village Engineer
may promulgate rules and regulations for the permitting process within
the constraints of this chapter.
A.
Applicability. This section applies to all facilities
that the Village Engineer 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 that constitutes a violation of this chapter.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
public and private 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 SMO.
(2)
Facility operators shall allow the SMO 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 Village shall have the right to set up on any
facility subject to this chapter such devices as are necessary in
the opinion of the Village Engineer to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Village Engineer 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)
The Village shall have access to a facility within
15 days of notification and access not granted within 15 days subject
to this chapter is 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 Village reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this chapter.
(6)
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 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
SMO 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 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 Village 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 Village 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.
A.
The enforcement agency will enforce the provisions of this chapter. Where the Village Engineer has identified an unauthorized connection as defined in § 164-2 of this chapter, the enforcement agency in cooperation with a recommendation from the Village Engineer, may require that a proper permit be obtained or that the connection be removed at the property owner's expense.
B.
Notice of violation. When the Village Engineer finds
that a person has violated a prohibition or failed to meet a requirement
of this chapter or a permit issued pursuant to this chapter, the Building
Department may order compliance by written notice of violation to
the responsible person. In addition, the Building Department is hereby
authorized to issue appearance tickets as such term is defined in
the Criminal Procedure Law of the State of New York. A notice of violation
may require, without limitation, any or all of the actions listed
below:
(1)
The elimination of illicit or unauthorized connections
or discharges;
(2)
That violating discharges, practices, operations,
activities, or connections 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.
C.
Penalties for offenses.
(1)
Violation of any provision or requirement of this
chapter or violation of any statement, plan, application, permit or
certificate approved under the provisions of this chapter shall constitute
a violation pursuant to penal law.
(2)
The owner, general agent or contractor of a building,
premises or part thereof where such a violation has been committed
or does exist shall be guilty of such an offense.
(3)
The owner, general agent or contractor of a building,
premises or part thereof where such a violation has been committed
or does exist shall be guilty of such an offense.
(4)
Any agent, contractor, architect, builder, corporation
or other person who commits, takes part or assists in such violation
shall also be guilty of such an offense.
(5)
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 minimum
fine of $100 and maximum fine of $5,000 or imprisonment not exceeding
15 days, or both such fine and imprisonment. Each day's continued
violation shall constitute a separate additional 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 Village 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.
A.
Where a person has violated a provision of this chapter,
he/she may be eligible for alternative remedies in lieu of a penalty,
upon recommendation of the Village Attorney and concurrence of the
Village Engineer, 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 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.