This article shall apply to discharges and 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 or undeveloped lands, unless explicitly
exempted by an authorized enforcement agency and allowed by a discharge
or connection permit, or other document, approved by the Superintendent
of Public Works or Village Engineer. This article shall also apply
to discharges and connections within the jurisdiction of the Village
entering another MS4 that is tributary to the Village MS4.
No person shall discharge or cause to be discharged
into the Village MS4 or watercourses any material, including, but
not limited to, pollutants or waters containing any pollutants that
cause or contribute to a violation of applicable water quality standards,
except as provided in Subsection A of this section.
A. The commencement, conduct or continuance of any illicit
discharge to the Village 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 pollution, or otherwise
regulated by any other provision of law: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, uncontaminated groundwater infiltration
to storm sewer, uncontaminated pumped groundwater, foundation or footing
drains (not including active groundwater dewatering systems), uncontaminated
crawl space pumps or basement sump pump discharges, air conditioning
condensation, natural springs, water from individual residential car
washing, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one ppm chlorine, and approved
by the authorized enforcement agency), residential street wash water,
fire-fighting activities, and any other water source not containing
pollutants. Exempt discharges shall be made in accordance with an
appropriate plan for reducing pollutants.
(2) Discharges specified in writing by an authorized enforcement
agency of the federal, state and county governments necessary to protect
public health, safety and welfare.
(3) Testing may be allowed for a prescribed period of
time, subsequent to a verbal notification of Village Engineer and
the authorized enforcement agency prior to the time and date of the
test.
(4) Discharges shall not apply to any nonstormwater discharge
permitted under an 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 and regulations, and provided that written approval has been
granted for any untreated discharge to the stormwater conveyance system
by an authorized enforcement agency.
B. Prohibition of illicit or unauthorized connections
to the Village MS4.
(1) The construction, use, maintenance or continued existence
of illicit or unauthorized connection to the storm sewer system is
prohibited.
(2) Connections made to the Village MS4 prior to the enactment
of this chapter shall herein constitute a violation and are to be
removed, if the discharged material violates any provisions of this
chapter.
(3) It is a violation of this chapter if any person connects
or conveys sewage or other pollutants to the MS4, or allows such a
connection or conveyance to continue, or has knowledge of any illegal
connection and fails to report it to the Village Engineer.
This section applies to all facilities that
have stormwater discharges associated with industrial activity, construction
activity and all other facilities that must be inspected to enforce
any provisions of this chapter.
A. Access to facilities.
(1) The Village Engineer or designee shall be permitted
to enter and inspect facilities subject to regulation under this chapter
as often as may be necessary to determine compliance with this chapter.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of an authorized enforcement agency.
(2) Facility operators shall allow the Village Engineer
or designee ready access to all parts of the premises for the purposes
of inspection, sampling, examination and copying of records that must
be kept under the conditions of an SPDES permit or any additional
duties required by state and federal law.
(3) The Village Engineer or designee shall have the right
to cause to be established on any permitted facility such devices
necessary to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4) The Village Engineer or designee shall have the right
to require the discharger to install monitoring equipment as necessary.
The sampling and monitoring equipment of the facility 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) Any obstruction to safe and easy access to the facility
to be inspected and/or sample shall be promptly removed by the operator
at the written or verbal request of the Village Engineer or designee
and shall not be replaced. The costs of clearing such access shall
be borne by the owner or operator of the facility.
(6) Unreasonable delay in allowing the Village Engineer
or designee access to a permitted facility is a violation of a stormwater
discharge permit and this chapter. A person who is the owner or operator
of a facility, subject to this chapter, violates the requirements
of this chapter if the person denies an authorized enforcement agency
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this chapter.
(7) If the Village Engineer or designee has been denied
access to any part of the premises from which stormwater is discharged
and he/she has determined that it is necessary to inspect and/or obtain
a sample for the purposes of protecting the public health, safety,
and welfare of the community, then he/she may seek a search warrant
from any court of competent jurisdiction.
B. Watercourse protection. Pursuant to Chapter
302, Diversion of Watercourses, of this Code, every person owning property, and/or lessee, through which a watercourse passes shall keep and maintain that part of the watercourse within his or her property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use or function or affect the physical integrity of the watercourse.
C. Notification of spills. Notwithstanding any other
requirement of law, as soon as any person responsible for a facility
or operation has information of any known or suspected release of
material which is or may result in illicit discharges or pollutants
discharged into stormwater, the stormwater conveyance system, or waters
of the United States, 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.
In the event of a release of nonhazardous materials, said person shall
notify the authorized enforcement agency in person or by phone or
facsimile no later than the next business day. Notifications in person
or by phone shall be confirmed by written notice addressed and mailed
to the Village Engineer within three business days of the phone 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 reoccurrence. Such records shall be retained
for at least three years.
D. Industrial or construction activity discharges. Any
person required to obtain an 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.