Village of Scarsdale, NY Article IV Illicit Discharges and Connections

§ 254-12 Applicability.

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.

§ 254-13 Prohibition; exceptions.

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.

§ 254-14 Right of entry; monitoring of discharges; watercourse protection; notification of spills; industrial or construction activity discharges.

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.