[Adopted by the Board of Trustees of the
Village of South Glens Falls 2-6-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Disposal of solid or liquid waste — See Ch.
123.
Stormwater management and erosion and sediment control — See Ch.
125.
The purpose of this chapter is to provide for
the health, safety and general welfare of the citizens of the Village
of South Glens Falls ("Village") through the regulation of nonstormwater
discharges to the storm drainage system to the maximum extent practicable
as required by federal and state law. This chapter establishes methods
for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user;
B. To prohibit illicit connections and discharges to
the municipal separate storm sewer system; and
C. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter.
For the purposes of this chapter, the following
terms shall mean:
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 subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of five acres
or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIAL
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.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm
drain system, except as may be specifically exempted within this chapter.
A. Any drain or conveyance, whether on the surface or
subsurface, which allows an illegal discharge to enter the storm drain
system, including but not limited to any conveyances which allow any
nonstormwater discharge including sewage, process wastewater, and
wash water to enter the storm drain system 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
B. Any drain or conveyance connected from a commercial
or industrial land use to the storm drain system which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR 122.26(b)(14).
PERSON
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.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal street, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate, or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all liquids or liquid/solid
mixtures entering the storm drain system generated on any developed
and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The Village of South Glens Falls shall administer,
implement, and enforce the provisions of this chapter. Any powers
granted or duties imposed upon the authorized enforcement agency may
be delegated in writing by the director of the authorized enforcement
agency to persons or entities acting in the beneficial interest of
or in the employ of the agency.
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.
The standards set forth herein and promulgated
pursuant to this chapter are minimum standards; therefore this chapter
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A. Prohibition of illegal discharges.
(1) No person shall discharge or cause to be discharged
into the municipal storm drain system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants,
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.
(2) The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described
as follows:
(a) The following discharges are exempt from discharge
prohibitions established by this chapter: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated purposed groundwater, foundation or footing
drains (not including active groundwater dewatering systems), crawl
space pumps, air-conditioning condensation, springs; noncommercial
washing of vehicles, natural riparian habitat or wetland flows, swimming
pools (if dechlorinated typically less than one PPM chlorine), fire-fighting
activities, and any other water source not containing pollutants.
(b) Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
(c) Dye testing is an allowable discharge; but requires
a verbal notification to the authorized enforcement agency prior to
the time of the test.
(d) The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the federal Environmental Protection Agency, 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 storm
drain system.
B. Prohibition of illicit connections.
(1) The construction, use, maintenance or continued existence
of illicit connections to the storm drain system 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 MS4,
or allows such a connection to continue.
A. Suspension due to illicit discharge in emergency situations.
The Code Enforcement Officer of the Village of South Glens Falls ("CEO")
or the Code Enforcement Officer's agent 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, or to the health
or welfare of persons, or to the MS4, or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
B. Suspension due to detection of illicit discharge.
Any person discharging to the MS4 in violation of this chapter may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The authorized enforcement agency will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the authorized enforcement agency for a reconsideration
and hearing. A person commits an offense if the person reinstates
the MS4 access to premises terminated pursuant to this section without
the prior approval of the authorized enforcement agency.
Any person subject to an industrial or construction
activity NPDES 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 Code Enforcement Officer prior to the
allowing of discharges to the MS4.
A. Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B. Access to facilities.
(1) The Code Enforcement 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 which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(2) Facility operators shall allow the Code Enforcement
Officer 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 NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and
federal law.
(3) The Code Enforcement Officer shall have the right
to set up on any permitted facility such devices as are necessary,
in the opinion of the authorized enforcement agency, to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4) The Code Enforcement Officer has the right to require
the discharger. to install monitoring equipment as necessary. 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) Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly, removed by the operator at the written or oral request of
the Code Enforcement Officer and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the Code Enforcement
Officer access to a permitted facility is a violation of a stormwater
discharge permit and of this chapter. A person who is the operator
of a facility with a NPDES permit to discharge stormwater associated
with industrial activity commits an offense if the person denies the
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 Code Enforcement 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, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
The Code Enforcement Officer will adopt requirements
identifying best management practices for any activity, operation,
or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drain system, or waters of the United States.
The owner or operator of a commercial or industrial establishment
shall provide, at his or her own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the municipal storm drain system or watercourses through the use of
these structural and nonstructural BMPs. Further, any person responsible
for a property or premises, which is or may be the source of an illicit
discharge may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to prevent the further
discharge of pollutants to the municipal separate storm sewer system.
Compliance with all terms and conditions of a valid NPDES 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 BMPs shall be part of a stormwater pollution
prevention plan (SWPPP) as necessary for compliance with requirements
of the NPDES permit.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the 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, function, or physical
integrity of the watercourse.
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
stormwater, the storm drain 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 via emergency dispatch services.
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 Code Enforcement Officer 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 recurrence. Such
records shall be retained for at least three years.
A. Notice of violation. Whenever the Code Enforcement
Officer finds that a person has violated a prohibition or failed to
meet a requirement of this chapter, the authorized enforcement agency
may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations
shall cease and desist;
(4) The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any effected property;
(5) Payment of a fine to cover administrative and remediation
costs; and
(6) The implementation of source control and treatment
BMPs.
B. If abatement of a violation and/or restoration of
effected 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 shall be done
by a designated governmental agency or a contractor and expenses thereof
shall be charged to the violator. The authorized enforcement agency
may recover all attorney's fees, court costs and other expenses associated
with enforcement of this chapter, including sampling and monitoring
expenses.
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal must be received within 10 days from the date of
the notice of violation. Hearing on the appeal before the appropriate
authority or his/her designee shall take place within 30 days from
the date of receipt of the notice of appeal. The decision of the municipal
authority or his/her designee shall be final.
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 10 days of the decision of the municipal
authority upholding the decision of the authorized enforcement agent,
then representatives of the authorized enforcement agent shall enter
upon the subject private property and are authorized to take any and
all measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
A. Within 30 days after abatement of the violation, the
owner of the property will. be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days.
If the amount due is not paid in a timely manner, as determined by
the decision of the municipal authority, or by the expiration of the
time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
B. Any person violating any of the provisions of this
chapter shall become liable to the municipality by reason of such
violation. The liability shall be paid in not more than 12 equal payments.
Interest at the rate of 9% per annum shall be assessed on the balance
beginning on the first day following discovery of the 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 authorized enforcement agency 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.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this chapter, the authorized enforcement
agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
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 maybe taken.
Any person that has violated or continues to
violate this chapter shall be liable to criminal prosecution to the
fullest extent of the law, and shall be subject to a criminal penalty
of $1,000 per violation per day and/or imprisonment for a period of
time not to exceed 15 days.
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.