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:
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 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.
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.
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:
A.
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;
B.
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;
C.
Any building or structure floor drain or trench
drain; and
D.
Any unauthorized connection as defined elsewhere
in this section.
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:
A.
Owned or operated by the City or another municipal
entity;
B.
Designed or used for collecting or conveying
or storing or infiltrating or managing stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment
works (POTW) as defined at 40 CFR 122.2.
MUNICIPALITY
A county, town, City, village or other unit of government.
NYSDEC
The New York State Department of Environmental Conservation.
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
A.
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.
B.
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.
C.
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.
D.
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.
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.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
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.
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.
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.
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:
A. 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.
B. 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.
C. 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.
D. 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.
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:
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.
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.
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.
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.
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.
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.