[HISTORY: Adopted by the Town Board of the
Town of Moreau 2-26-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
A.
The purpose of this law is to provide for the health,
safety, and general welfare of the citizens of the Town of Moreau
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 law 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 law are:
(1)
To meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit no. GP-02-02, or as amended
or revised;
(2)
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(3)
To prohibit illicit connections, activities and discharges
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this law; and
(5)
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.
B.
This local law is adopted pursuant to the authority
granted to the Town Board under Article 10 of the Municipal Home Rule
Law of the State of New York.
Whenever used in this local law, unless a different
meaning is stated in a definition applicable to only a portion of
this local law, the following terms will have the meanings set forth
below:
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges 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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
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
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 84-5 of this law.
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.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
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):
Any discharge to the MS4 that is not composed entirely of
stormwater.
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.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, 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.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards.
The condition that applies where the Town 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 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 the Town'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.
Total maximum daily load (TMDL) strategy. The
condition in the Town'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.
The condition, if any, in the Town'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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the municipal engineer or other public official(s)
designated by the Town of Moreau to enforce this local law. The SPC
may also be designated by the Town to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices. Unless otherwise
designated by resolution of the Town Board of the Town of Moreau,
the SPC for the Town of Moreau shall be the same individual serving
as the Code Enforcement Officer of the Town of Moreau.
[Amended 6-25-2024 by L.L. No. 5-2024]
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.
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.
The Town of Moreau.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This law shall apply to all water entering the
MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
[Amended 6-25-2024 by L.L. No. 5-2024]
The Stormwater Program Coordinator(s), SPC(s),
shall administer, implement, and enforce the provisions of this law.
A.
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the MS4 any materials other
than stormwater except as provided below. The commencement, conduct
or continuance of any illegal discharge to the MS4 is prohibited except
as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this local law, unless the Department
or the Town has determined them to be substantial contributors of
pollutants: water line flushing or other potable water sources; landscape
irrigation or lawn watering; existing diverted stream flows; rising
groundwater; uncontaminated groundwater infiltration to storm drains;
uncontaminated pumped groundwater; foundation or footing drains; crawl
space or basement sump pumps; air-conditioning condensate; 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.
(2)
Discharges approved in writing by the SPC 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 and requirements, and further provided that such discharges
maybe permitted for a specified time period and under such conditions
as the SPC may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this local
law.
[Amended 6-25-2024 by L.L. No. 5-2024]
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge, but requires a verbal notification
to the SPC prior to the time of the test.
[Amended 6-25-2024 by L.L. No. 5-2024]
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Department,
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 MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 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
local law if the person connects a line conveying sewage to the Town's
MS4 or allows such a connection to continue.
No person shall operate a failing individual
sewage treatment system in areas tributary to the Town'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 component 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.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
B.
Such activities include failing individual sewage treatment systems as defined in § 84-7, improper management of pet waste or any other activity that causes or contributes to violations of the Town's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Town's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the Town's MS4 SPDES permit authorization.
A.
Best management practices. Where the SPC has identified illicit discharges as defined in § 84-2 or activities contaminating stormwater as defined in § 84-7, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
[Amended 6-25-2024 by L.L. No. 5-2024]
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at their own expense, reasonable protection
from accidental discharge of prohibited materials 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 § 84-2 or an activity contaminating stormwater as specified in § 84-7, 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.
(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 compliance
with the provisions of this section.
B.
Individual sewage treatment systems. Where individual sewage treatment systems are contributing to the Town's being subject to the special conditions as defined in § 84-2 of this local law, 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:
(c)
A written certificate of compliance shall be submitted
by the design professional to the Town at the completion of construction
of the repair or replacement system.
[Amended 6-25-2024 by L.L. No. 5-2024]
A.
The SPC 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 SPC 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 SPC may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the Town's MS4 in violation of this law
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SPC will notify a violator in
writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SPC for a reconsideration
and hearing. Access may be granted by the SPC if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the SPC determines
in writing that the illicit discharge has not ceased or is likely
to recur. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section, without the
prior approval of the SPC.
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 prior to the allowing of discharges
to the MS4.
[Amended 6-25-2024 by L.L. No. 5-2024]
A.
Applicability. This article applies to all facilities
that the SPC must inspect to enforce any provision of this law, or
whenever the authorized enforcement agency has cause to believe that
there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this local law.
B.
Access to facilities.
(1)
The SPC shall be permitted to enter and inspect facilities
subject to regulation under this law as often as may be necessary
to determine compliance with this law. 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 the SPC.
(2)
Facility operators shall allow the SPC 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 law.
(3)
The Town shall have the right to set up on any facility
subject to this law such devices as are necessary in the opinion of
the SPC to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Town has the right to require the facilities subject
to this law to install monitoring equipment as is reasonably necessary
to determine compliance with this law. 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 Town access to
a facility subject to this law is a violation of this law. A person
who is the operator of a facility subject to this law commits an offense
if the person denies the Town reasonable access to the facility for
the purpose of conducting any activity authorized or required by this
law.
(6)
If the SPC 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 law, 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 law or any order issued hereunder, then the SPC may seek
issuance of a search warrant from any court of competent jurisdiction.
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 Town 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 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.
A.
Notice of violation. When the Town's SPC finds that
a person has violated a prohibition or failed to meet a requirement
of this law, he/she may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
[Amended 6-25-2024 by L.L. No. 5-2024]
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations
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.
B.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this local law shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six 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 $350 nor more than
$700 or imprisonment for a period not to exceed six 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 $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this local law shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each day's continued violation shall constitute a
separate additional violation.
[Amended 6-25-2024 by L.L. No. 5-2024]
Any person receiving a notice of violation may
appeal the determination of the SPC to the Town Board of the Town
of Moreau 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 Municipal
Clerk and mail a copy of its decision by certified mail to the discharger.
[Amended 6-25-2024 by L.L. No. 5-2024]
A.
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
municipal authority upholding the decision of the SPC, then the SPC
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.
B.
If refused access to the subject private property,
the SPC 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
SPC 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.
[Amended 6-25-2024 by L.L. No. 5-2024]
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
law. If a person has violated or continues to violate the provisions
of this law, the SPC 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.
A.
Where a person has violated a provision of this law,
he/she may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the Town Code Enforcement Officer,
where:
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 law 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 law 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 law are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this law 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 law.
This local law shall take effect immediately
upon filing in the office of the New York State Secretary of State
in accordance with Section 27 of the Municipal Home Rule Law.
