The purpose of this chapter is to provide for
the health, safety and general welfare of the citizens of the Village
of Rockville Centre 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, 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 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 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.
DESIGN PROFESSIONAL
A New-York-State-licensed professional engineer or licensed
architect, or other licensed professional authorized by law to provide
a particular service.
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 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.
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 Village;
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 STANDARDSThe condition that applies where the Village 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 Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B.
LISTED WATERSTERS — The condition in the Village'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
(1)
The condition in the Village'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 MS4 discharges. If the discharge from the MS4 did not meet the
TMDL stormwater allocations prior to September 10, 2003, the Village
was required to modify its stormwater management program to ensure
that reduction of the pollutant of concern specified in the TMDL is
achieved.
(2)
The condition in the Village's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which a MS4 discharges. Under this condition
the Village must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If a MS4 is not
meeting the TMDL stormwater allocations, the Village 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 Village to enforce this chapter. The SMO may also
be designated by the Village to accept and review stormwater pollution
prevention plans, forward the plans to the applicable municipal board
and inspect stormwater management practices.
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. The 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.
VILLAGE
The Village of Rockville Centre.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This chapter 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 chapter.
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 Village.
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.
No person shall operate a failing individual
sewage treatment system in areas tributary to the Village'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 Village 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 Village, 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 Village 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 Board of Trustees, in writing,
within 15 days of its issuance. The Board of Trustees shall hear the
appeal within 45 days after the filing of the appeal and, within five
days of making its decision, file its decision in the office of the
Village Clerk and mail a copy of such 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
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. In any such civil action, the Village
shall be entitled to recover its reasonable attorneys' fees and expenses.
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 such other remedies either in place of
or in addition to any remedy provided in this chapter.