[HISTORY: Adopted by the Town Board of the Town of Harrison 12-20-2007
by L.L. No. 7-2007. Amendments noted where applicable.]
The purpose of this law is to provide for the health, safety, and general
welfare of the citizens of the Town/Village of Harrison through the regulation
of nonstormwater discharges to the storm drainage system to the maximum extent
practicable as required by federal and state law. This ordinance establishes
methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of
the National Pollutant Discharge Elimination System (NPDES) permit process.
The objectives of this ordinance are:
A.
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any user.
B.
To prohibit illicit connections and discharges to the
municipal separate storm sewer system.
C.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this ordinance.
For the purposes of this law, the following shall mean:
Employees or designees of the director of the municipal agency designated
to enforce this law.
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 subject to NPDES Construction Permits. Currently these
include construction projects resulting in land disturbance of five acres
or more. Beginning in March 2003, NPDES Stormwater Phase II permits will be
required for 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.
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 direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 131-7 of this ordinance.
An illicit connection is defined as either of the following: 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
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 storm drain system
which has not been documented in plans, maps, or equivalent records and approved
by an authorized enforcement agency.
Activities subject to NPDES Industrial Permits as defined in 40 CFR,
Section 122.26(b)(14).
A permit issued by EPA [or by a state under authority delegated pursuant
to 33 USC § 1342(b)] that authorizes the discharge of pollutants
to waters of the United States, whether the permit is applicable on an individual,
group, or general area-wide basis.
Any discharge to the storm drain system 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.
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,
ordnances, 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.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
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,
reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
A document which describes the best management practices and activities
to be implemented by a person or business 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This law shall apply to all water entering the storm drain system generated
on any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The Town/Village Engineer shall administer, implement, and enforce the
provisions of this law. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the Director of the authorized
enforcement agency to persons or entities acting in the beneficial interest
of or in the employ of the agency.
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.
The standards set forth herein and promulgated pursuant to this law
are minimum standards; therefore this law does not intend nor imply that compliance
by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into
the municipal storm drain system or watercourses any materials, including
but not limited to pollutants or waters containing any pollutants that cause
or contribute to a violation of applicable water quality standards, other
than stormwater.
(2)
The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this law: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising groundwater,
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air-conditioning condensation, springs, noncommercial
washing of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated — typically less than one PPM chlorine), fire-fighting
activities, and any other water source not containing pollutants.
(b)
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
(c)
Dye testing is an allowable discharge, but requires a
verbal notification to the authorized enforcement agency prior to the time
of the test.
(d)
The prohibition shall not apply to any nonstormwater
discharge permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the Federal
Environmental Protection Agency, 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 storm drain system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system 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 ordinance
if the person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations.
The Town/Village Engineer 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, or to the health or welfare of persons, or to the
MS4 or waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the authorized enforcement agency
may take such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States, or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this
ordinance may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The authorized enforcement agency will notify
a violator of the proposed termination of its MS4 access. The violator may
petition the authorized enforcement agency for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section, without the prior
approval of the authorized enforcement agency.
Any person subject to an industrial or construction activity NPDES 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/Village
Engineer prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity, including
construction activity.
B.
Access to facilities.
(1)
The Town/Village Engineer shall be permitted to enter
and inspect facilities subject to regulation under this ordinance as often
as may be necessary to determine compliance with this ordinance. 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 representatives of the authorized enforcement agency.
(2)
Facility operators shall allow the Town/Village Engineer
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under the conditions
of a NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(3)
The Town/Village Engineer shall have the right to set
up on any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Town/Village Engineer has the right to require the
discharger to install monitoring equipment as necessary. 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)
Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Town/Village Engineer
and shall not be replaced. The costs of clearing such access shall be borne
by the operator.
(6)
Unreasonable delays in allowing the Town/Village Engineer
access to a permitted facility is a violation of a stormwater discharge permit
and of this ordinance. A person who is the operator of a facility with a NPDES
permit to discharge stormwater associated with industrial activity commits
an offense if the person denies the authorized enforcement agency reasonable
access to the permitted facility for the purpose of conducting any activity
authorized or required by this ordinance.
(7)
If the Town/Village Engineer 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 ordinance, 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 ordinance or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized enforcement
agency may seek issuance of a search warrant from any court of competent jurisdiction.
Town Board and Planning Board will adopt requirements identifying best
management practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm drain
system, or waters of the U.S. 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 municipal
storm drain system or watercourses through the use of these structural and
nonstructural BMPs. Further, any person responsible for a property or premises
which is, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and nonstructural
BMPs to prevent the further discharge of pollutants to the municipal separate
storm sewer system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a watercourse passes, or
such person's lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly retard the flow
of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse, so
that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
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 stormwater, the storm drain system, or water of the U.S. 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 authorized enforcement agency 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/Village Engineer within three business days of the 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 three years.
A.
Notice of violation.
(1)
Whenever the Town/Village Engineer finds that a person
has violated a prohibition or failed to meet a requirement of this law, the
authorized enforcement agency may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall
cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property; and
(e)
Payment of a fine to cover administrative and remediation
costs; and
(f)
The implementation of source control or treatment BMPs.
(2)
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.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be received
within 10 days from the date of the notice of violation. Hearing on the appeal
before the appropriate authority or his/her designee shall take place within
15 days from the date of receipt of the notice of appeal. The decision of
the municipal authority or their designee 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
10 days of the decision of the municipal authority upholding the decision
of the authorized enforcement agency, then representatives of the authorized
enforcement agency shall enter upon the subject private property and are authorized
to take any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent or person
in possession of any premises to refuse to allow the government agency or
designated contractor to enter upon the premises for the purposes set forth
above.
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 protest objecting to the amount of the
assessment within 10 days. If the amount due is not paid within a timely manner
as determined by the decision of the municipal authority or by the expiration
of the time in which to file an appeal, 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 by reason of such violation.
The liability shall be paid in not more than 12 equal payments. Interest at
the rate of 9% per annum shall be assessed on the balance beginning on the
11th day following discovery of the violation.
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 ordinance, the authorized enforcement
agency 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 law, the authorized enforcement agency 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 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.
Any person that has violated or continues to violate this law shall
be liable to criminal prosecution to the fullest extent of the law, and shall
be subject to a criminal penalty of $250 per violation per day and/or imprisonment
for a period of time not to exceed 15 days. The authorized enforcement agency
may recover all attorney's fees, court costs and other expenses associated
with enforcement of this ordinance, including sampling and monitoring expenses.
The remedies listed in this ordinance 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.
This law shall be in full force and effect __ days after its final passage
and adoption. All prior laws and parts of laws in conflict with this ordinance
are hereby repealed.