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:
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 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.
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 CONNECTIONS
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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
84-5 of this law.
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.
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 Moreau;
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.
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, 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.
SPECIAL CONDITIONS
A.
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.
B.
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.
C.
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.
D.
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.
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 Moreau to enforce this local law. The SMO
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 SMO for the Town of Moreau shall be the same individual serving
as the Code Enforcement Officer of the Town of Moreau.
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.
TMDL
Total maximum daily load.
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.
WASTEWATER
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.
The Stormwater Management Officer(s), SMO(s),
shall administer, implement, and enforce the provisions of this law.
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.
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.
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.
Any person receiving a notice of violation may
appeal the determination of the SMO 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.
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 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 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.