City of Rye, NY Storm Sewer System

The purpose of this chapter is to provide for the health, safety and general welfare of the residents of the City of Rye through the regulation of connections to the City'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:

To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;

To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;

To prohibit unauthorized and illicit connections, activities and discharges to the MS4;

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and

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.

§ 162-2 Definitions.

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 the meanings set forth below:

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.

CITY: The City of Rye, New York.

CITY ENGINEER: The City Engineer of the City of Rye, New York.

CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CODE: Code of the City of Rye, New York.

CONNECTION PERMIT: An authorization for connection as well as a discharge permitted under § 162-13 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 City 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.

CONSTRUCTION ACTIVITY: 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 City. 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 City, whichever is most restrictive. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

COUNTY: The County of Westchester.

DESIGN PROFESSIONAL: New York State-licensed professional engineer or licensed architect.

GENERAL PERMIT: An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater,per § 162-6A of this chapter, from properties occupied by private dwellings.

HAZARDOUS MATERIALS: 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.

ILLICIT ACTIVITY: Any action or condition, active or passive, that results in nonstormwater entering the City's MS4.

ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including, but not limited to:

ILLICIT DISCHARGE: Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 162-6 of this chapter.

INDIVIDUAL SEWAGE TREATMENT SYSTEM: 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.

INDUSTRIAL ACTIVITY: Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.

MS4: Municipal separate storm sewer system owned by the City or another municipal entity.

MUNICIPAL SEPARATE STORM SEWER SYSTEM: 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:

MUNICIPALITY: A county, town, City, village or other unit of government.

NONSTORMWATER DISCHARGE: Any discharge to the MS4 that is not composed entirely of stormwater.

NYSDEC: The New York State Department of Environmental Conservation.

OFFICE OF THE CITY ENGINEER: Office of the City Engineer of the City of Rye.

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, 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.

PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

SPECIAL CONDITIONS

Discharge compliance with water quality standards. The condition that applies where an MS4 has been notified that the discharge of stormwater authorized under its 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 TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

STATE: State of New York.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the NYSDEC that authorizes the discharge of pollutants to waters of the state.

STORMWATER: Rainwater, surface runoff, subsurface drainage and snowmelt.

STORMWATER MANAGEMENT OFFICER (SMO): The City Engineer of the City of Rye (or the person serving in the capacity of the City Engineer) or his/her authorized deputies, agents or representatives, including employees of other City Departments, as appropriate. The SMO is to enforce this chapter, review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

STORMWATER SPECIAL PERMIT: An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater, per § 162-6A of this chapter, from all properties occupied by other than private dwellings.

303(d) LIST: 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.

TMDL: Total maximum daily load.

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.

UNAUTHORIZED CONNECTION: A permanent or temporary unapproved direct or indirect conveyance to the City's MS4. Any connection, pipe, hose, or other conveyance that is not documented on plans, maps, or equivalent records signed by the City Engineer or that is not approved by a permit issued by the City Engineer, is considered unauthorized regardless of whether the discharge is otherwise allowed by this chapter.

UNCONTAMINATED: Free of pollutants (see definition of "pollutant").

WASTEWATER: Water that is not stormwater, is contaminated with pollutants, and is or will be discarded.

§ 162-3 Applicability.

This chapter shall apply to discharged connections to the City's MS4. This includes activities that result in discharge, seepage or deposition into the City'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 City Engineer. This chapter shall also apply to discharges and connections entering another MS4 that is tributary to the City's MS4.

§ 162-4 Responsibility for administration.

The City Engineer of the City of Rye, as the Stormwater Management Officer (SMO) for the City, or duly authorized deputies, agents or representatives, including employees of other City departments, as appropriate, shall administer, implement, and enforce the provisions of this chapter.

§ 162-5 Severability.

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.

§ 162-6 Discharge prohibitions.

Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the City's MS4 any materials other than stormwater, except as provided in § 162-6A. The commencement, conduct or continuance of any illicit (illegal) discharge to the MS4 is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this chapter, unless they are subsequently determined to be substantial contributors of pollutants: waterline 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.

Discharges approved in writing by the City 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, codes and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the City Engineer may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this chapter.

Dye testing in compliance with applicable state and local laws or codes is an allowable discharge, but requires a verbal notification to the City Engineer prior to the time of the test.

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, codes and regulations, and provided that written approval has been granted for any discharge to the MS4 by the City Engineer.

§ 162-7 Prohibition of unauthorized connections.

Connections to the City's MS4 without a permit are prohibited.

(1)

Any connection to the City's MS4 is considered to be an unauthorized connection unless it has been approved by a permit issued by the City Engineer or documented on a plan or map that has been approved by the City Engineer. This constraint applies to all connections, permanent or temporary, regardless of whether the discharge is otherwise permitted by this chapter.

(2)

The construction, use, maintenance or continued existence of unauthorized connections to the City's MS4 is prohibited.

(3)

This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law, code or practices applicable or prevailing at the time of connection.

(4)

A person is considered to be in violation of this chapter if the person connects a line conveying sewage or other pollutants to the City's MS4 or allows such a connection to continue.

(5)

The connection of interior floor drains and trench drains at the entrances to buildings or other structures is prohibited.

Remedy unauthorized connections. Where the City Engineer has identified an unauthorized connection as defined in § 162-2 of this chapter, the City Engineer may require that a proper permit be obtained or that the connection be removed at the property owner's expense.

§ 162-8 Prohibition against failing individual sewage treatment systems.

No persons shall operate a failing individual sewage treatment system in areas tributary to the City's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:

The backup of sewage into a structure.

Discharges of treated or untreated sewage onto the ground surface.

A connection or connections to a separate stormwater sewer system.

Liquid level in the septic tank above the outlet invert.

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.

Contamination of off-site groundwater.

§ 162-9 Prohibition against activities contaminating stormwater or maintaining or using an unauthorized connection to the City's MS4.

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 City's MS4 SPDES permit.

(2)

Cause or contribute to the City being subject to the special conditions as defined in § 162-2 of this chapter.

(3)

Cause or contribute to the City's MS4 receiving pollutants as defined in § 162-2 of this chapter.

(4)

Cause or contribute to the City's MS4 receiving discharges from an undocumented or unauthorized connection (whether permanent or temporary).

Such activities include failing individual sewage treatment systems as defined in § 162- 8 of this chapter, improper management of pet waste or any other activity that causes or contributes to violations of the City's MS4 SPDES permit authorization.

Upon notification to a person that he/she is engaged in activities that cause or contribute to violations of the City's MS4 SPDES permit authorization or cause or contribute to pollutants being discharged to the City's MS4, that person shall take all reasonable actions to correct such activities such that he/she no longer causes or contributes to violations of the City's MS4 SPDES permit authorization, or causes or contributes to pollutants to be discharged or deposited into the City's MS4.

§ 162-10 Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.

Best management practices. Where the City Engineer has identified illicit discharges, as defined in § 162-2 of this chapter,or activities contaminating stormwater, as defined in § 162-7 of this chapter, the City 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 its 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.

(2)

Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in § 162-2 of this chapter or an activity contaminating stormwater as defined in § 162-9 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.

(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 in compliance with the provisions of this section.

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 City's MS4 being subject to the special conditions as defined in § 162-2 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:

[1]

Relocating or extending an absorption area to a location not previously approved for such.

[2]

Installation of a new subsurface treatment system at the same location.

[3]

Use of alternate system or innovative system design or technology.

(c)

A written certificate of compliance shall be submitted by the design professional to the City at the completion of construction of the repair or replacement system.

§ 162-11 Suspension of access to MS4.

The City 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 City 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 City Engineer may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.

Suspension due to the detection of illicit discharge or unauthorized connection. Any person discharging to the City's MS4 in violation of this chapter may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge or result in the remedy of an unauthorized connection. The City Engineer will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the City Engineer for a reconsideration and hearing. Access may be granted by the City 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 City 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 City Engineer.

§ 162-12 Industrial or construction activity discharges.

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 City Engineer prior to the allowing of discharges to the MS4.

§ 162-13 Connection permits.

General. Any connection to the City's MS4 requires a permit issued by the City Engineer. Applications for permits shall be made on forms provided by the office of the City Engineer. Permit applications shall be supplemented by any plans, specifications, analyses, calculations or other information considered pertinent by the City Engineer. The City considers connection to its MS4 as a last resort to solve flooding problems. Before approving a connection, the City 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 City Engineer will assess the adequacy of the applicant's on-site stormwater disposal management practices.

Permit types.

(1)

General permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater, per § 162-6A of this chapter, from properties occupied by private dwellings.

(2)

Connection permit. An authorization for connection as well as discharge authorized under § 162-13 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 City 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.

(3)

Special permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater, per § 162-6A of this chapter, from all properties occupied by other than private dwellings.

Permit fees. The following fee schedule:

(1)

General permit:

(a)

Application and filing fee: $25.

(b)

Inspection fee: none.

(2)

Section 162-6D permit:

(a)

Application and filing fee: $250.

(b)

Inspection fee: $500.

(3)

Special permit:

(a)

Application and filing fee: $250.

(b)

Inspection fee: $500.

Inspection. All connections to the City's MS4 shall be subject to the approval and inspection by the City. The applicant must notify the Office of the City Engineer at least 48 hours prior to commencing work and at least 48 hours prior to final restoration.

Indemnification. The property owner shall indemnify and save the City harmless from any loss, damage or expense, claims or suits arising out of and in connection with the installation and connection to the City's MS4. In addition, the City 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.

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 City Engineer.

Work within City roads. Any connection made within or involving work within a City road will also comply and be subject to any and all applicable codes and regulations pertaining to permits for work on and within City streets and roads. A permit under this chapter does not relieve the applicant from the permits under the foregoing codes and regulations.

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 government agencies or other public or private parties. This permit does not supersede any of the above.

Permit rules and regulations. The City Engineer may promulgate rules and regulations for the permitting process within the constraints of this chapter.

§ 162-14 Access and monitoring of discharges.

Applicability. This section applies to all facilities that the City 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.

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 City shall have the right to set up on any facility subject to this chapter such devices as are necessary in the opinion of the City Engineer to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4)

The City 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)

Unreasonable delays in allowing the City 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 City 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.

§ 162-15 Notification of spills.

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 City 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 City 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.

§ 162-16 Enforcement.

Notice of violation. When the City 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, he/she may order compliance by written notice of violation to the responsible person. Such notice 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.

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 $1,000 or imprisonment for a period not to exceed two 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 $1,000 nor more than $2,000 or imprisonment for a period not to exceed two 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 $2,000 nor more than $5,000 or imprisonment for a period not to exceed two months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

§ 162-17 Appeal of notice of violation.

Any person receiving a notice of violation may appeal within 15 calendar days of its issuance. The City Engineer shall hear the appeal within 30 days after the filing of the appeal, and within five days of making his/her decision, issue a decision by certified mail to the discharger. The City Engineer may conduct the hearing and take evidence or may designate any officer or employee of the Office of the City Engineer to do so.

§ 162-18 Corrective measures after appeal.

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 City Engineer, then the City Engineer 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.

If refused access to the subject private property, the City Engineer may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the City Engineer may seek a court order 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.

§ 162-19 Injunctive relief.

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 City 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.

§ 162-20 Alternative remedies.

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 Corporation Counsel and concurrence of the City Engineer, where:

(1)

The violation was unintentional.

(2)

The violator has no history of previous violations of this chapter.

(3)

Environmental damage was minimal.

(4)

Violator acted quickly to remedy violation.

(5)

Violator cooperated in investigation and resolution.

Alternative remedies may consist of one or more of the following:

(1)

Attendance at compliance workshops.

(2)

Storm drain stenciling or storm drain marking.

(3)

River, stream or creek cleanup activities.

§ 162-21 Violations deemed a public nuisance.

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.

§ 162-22 Remedies not exclusive.

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.