The purpose of this chapter is to provide for
the health, safety, and general welfare of the citizens of the Town
of Horseheads, New York, through the regulation of nonstormwater discharges
to the municipal separate storm sewer system (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 SPDES General
Permit 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, 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 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.
In accordance with § 10 Subdivision
1(ii)a(11) of the Municipal Home Rule Law of the State of New York,
the Town of Horseheads has the authority to enact local laws for the
protection and enhancement of its physical and visual environment
as well as to promote the health, safety and general welfare of the
Town. The Town of Horseheads may include in such local law provisions
for the appointment of any municipal officer, employee(s) or independent
contractor to effectuate, administer and enforce such local law.
This chapter shall apply to all water and materials
entering the MS4 generated on any developed and undeveloped lands
unless explicitly exempted by an authorized enforcement agency.
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit
for Stormwater Discharge from Construction Activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation.
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 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; or
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.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by the Town of Horseheads;
B.
Designed or used for collecting or conveying
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.
NYSDEC
The New York State Department of Environmental Conservation.
OUTFALL
The terminus of a storm drain where the contents are released.
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
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, grass,
brush, leaves, trees, munitions, chemical wastes, biological materials,
radioactive 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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SEWAGE
Refuse liquids or waste matter.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards.
The condition that applies where the Town of Horseheads has been notified
that the discharge of stormwater authorized under its MS4 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 Town of Horseheads 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 the Town
of Horseheads's MS4 permit that applies where the MS4 discharges to
a 303(d) listed water. Under this condition, the 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 the Town of Horseheads's MS4 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 Town of Horseheads 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 the Town of Horseheads's 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 Town of Horseheads 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 Town
of Horseheads 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, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee, the municipal engineer or other public official(s)
designated by the Town of Horseheads to enforce this chapter. The
SMO may also be designated by the Town of Horseheads to accept and
review stormwater pollution prevention plans, forward the plans to
the applicable municipal board and inspect stormwater management practices.
The Stormwater Management Officer will be appointed by the Town Board
by resolution.
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 Department
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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
WATERCOURSE
Any natural or man-made swale, stream, channel, drain, or
culvert in which waters flow continuously or intermittently.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this chapter.
The Stormwater Management Officer will be appointed by the Town Board
by resolution. Such powers granted or duties imposed upon the authorized
enforcement official may be delegated in writing by the SMO as may
be authorized by the Town of Horseheads.
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 Town of Horseheads prior to the allowing
of discharges to the MS4.
Best management practices. Where the SMO has identified illicit discharges as defined in §
120-4 or activities contaminating stormwater as defined in §
120-7, the Town of Horseheads may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A. 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 MS4 through the use of structural and nonstructural
BMPs.
B. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in §
120-4 or an activity contaminating stormwater as defined in §
120-7, 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.
C. 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 compliance
with the provisions of this section.
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 addition, such person shall notify the Town
of Horseheads of such release of hazardous materials in person or
by telephone or facsimile no later than the next business day. In
the event of a release of nonhazardous materials, said person shall
notify the Town of Horseheads 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 Town of Horseheads 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 the determination of the SMO to the Town Board for the Town
of Horseheads within 15 days of its issuance, which shall hear the
appeal within 30 days after the filing of the appeal, and within five
days of making its decision, file its decision in the office of the
Town Clerk and mail a copy of its decision by certified mail to the
discharger.
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 30 days of
receiving notification of the cost of the abatement. If the amount
due is not paid within a timely manner as determined by the decision
of the Town Board or by the expiration of the time in which to file
a protest, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provisions of this
chapter shall become liable to the Town by reason of such violation.
Interest at the rate of 9% per annum shall be assessed on the balance
beginning on the 31st day following completion of the abatement. Any
unpaid abatement charges shall be added to the property tax bill for
the subject property.
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 SMO 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 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.
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.
Approvals issued pursuant to this chapter do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
law, code, rule, act, or ordinance.
This chapter shall be in full force and effect
30 days after its final passage and adoption. All prior laws and parts
of law in conflict with this chapter are hereby repealed.