The purpose and intent of this Article
III is to ensure the health, safety and general welfare of citizens and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) by:
A. Reducing pollutants in stormwater discharges to the
maximum extent practicable;
B. Prohibiting nonstormwater discharges to the storm
drain system; and
C. Prohibiting stormwater discharges to sanitary sewers.
For the purpose of this article, the following
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 SPDES construction permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
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 exempted in §
196-41, and any stormwater discharges to the sanitary sewer, except as permitted by the Town of Irondequoit.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
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 connection
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 a government 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 the
Town of Irondequoit.
C.
Any stormwater discharge to a sanitary sewer
unless approved by the Town of Irondequoit.
INDUSTRIAL ACTIVITY
An activity subject to SPDES industrial permits as defined
in 40 CFR § 122.26(b)(14).
INDUSTRIAL WASTE
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired byproduct waste resulting from any process of
industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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.
PRIVATE SEWAGE DISPOSAL 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 of the State of New York.
SANITARY SEWER
A sewer which transports sewage and to which storm, surface
and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground-water, surface water and stormwater as may be inadvertently
present. The admixture of sewage with industrial wastes, as defined
above, or other wastes also shall be considered "sewage" within the
meaning of this definition.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under its municipal separate
storm sewer (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 Irondequoit 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 Irondequoit's MS4 permit that applies where the Town of
Irondequoit 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 Irondequoit's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by the EPA for a water body or watershed into which the Town of Irondequoit
discharges. If the discharge from the Town of Irondequoit did not
meet the TMDL stormwater allocation prior to September 10, 2003, the
Town of Irondequoit 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 Irondequoit's MS4
permit that applies if a TMDL is approved in the future by the EPA
for any water body or watershed into which the Town of Irondequoit
discharges. Under this condition, the Town of Irondequoit must review
the applicable TMDL to see if it includes requirements for control
of stormwater discharges. If the Town of Irondequoit is not meeting
the TMDL stormwater allocations, the Town of Irondequoit 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.
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 streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A document which describes the best management practices
and activities to be implemented by a person 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.
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
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. Section 303(d)-listed water 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.
TOWN OF IRONDEQUOIT
Employees or designees of the director of the municipal agency
designated to enforce this article.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
Waters of the United States as defined at 40 CFR 122.2.
WATERS OF THE UNITED STATES
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town of Irondequoit. This
article also applies to stormwater entering the sanitary sewers.
The Town of Irondequoit shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Town of Irondequoit may be delegated in writing
by the Supervisor of the Town of Irondequoit to persons or entities
acting in the beneficial interest of or in the employ of the agency.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence or paragraph of
this article 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 article.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend or imply that compliance by any person will ensure
that there will not be contamination, pollution nor unauthorized discharge
of pollutants.
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 Irondequoit prior to discharge
or as a condition of a subdivision map, site plan, building permit,
or development or improvement plan; upon inspection of the facility;
during any enforcement proceeding or action; or for any other reasonable
cause.
Notwithstanding other requirements of law, as
soon as any person i) responsible for a facility or operation or ii)
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 the illegal discharge of pollutants into
stormwater, the public or private storm drain system or waters of
the United States, said person shall take all necessary steps to ensure
the discovery, containment and cleanup of any such release. In the
event a release of hazardous materials occurs, said person shall immediately
notify the NYSDEC Region 8 Spill Response Team and/or call the New
York State Spill Hotline within the time frame established by law,
as well as notify the Town of Irondequoit's Supervisor, Commissioner
of Public Works or Town Attorney of the occurrence. In the event of
a release of nonhazardous materials, said person shall notify the
Town of Irondequoit's Supervisor, Commissioner of Public Works or
Town Attorney 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 Town of Irondequoit,
Attention: Supervisor, postmarked within three business days of the
date of the in-person or 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 five years.
In addition to or as an alternative to any penalty provided herein or by law, any violation of this Article
III is punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; a second violation of this article committed within a period of five years is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 30 days, or both; and a third or subsequent violation of this article within a period of five years is punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 30 days, or both. Each day's continued violation shall constitute a separate additional violation.
Any person receiving a notice of violation may
appeal the determination of the Town's Commissioner of Public Works.
The notice of appeal must be received by the Town Clerk within 10
days from the date of the notice of violation. Hearing on the appeal
before the Town Board or its designee shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of
the Town Board or its designee shall be made within 15 days after
such hearing and 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 five days of the decision of the Town Board
upholding the notice of violation, the Town of Irondequoit, its representatives
and/or employees may enter upon the subject private property with
the consent of the owner or with a valid search and/or seizure warrant
and are authorized to take any and all measures necessary to abate
the violation and/or restore the property.
Within 10 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
protection claim objecting to the amount of the assessment within
10 days after receiving such notice. If the amount due is not paid
by the expiration of the time in which to file an appeal or, if an
appeal is taken, within 30 days following the date of the final decision
of the Town Board on such appeal (or such longer period of time as
the Commissioner of Public Works, in his or her sole discretion, may
consent to in writing), 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 article shall become liable to the Town of Irondequoit by
reason of such violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the Town of Irondequoit 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 article, the Town of Irondequoit 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 article 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 article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the Town of
Irondequoit to seek cumulative remedies.