The purpose and intent of this article is to
ensure the health, safety and general welfare of citizens, and protect
and enhance the water quality of waters of the United States 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; and
B. Prohibiting nonstormwater discharges to the storm
drain system.
This article shall apply to all materials, solid
or liquid, entering the storm system.
[Amended 6-26-2019 by L.L. No. 5-2019]
The Building Inspector or designee shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Town of Henrietta may be delegated in writing
by the Town of Henrietta to persons or entities acting in the beneficial
interest of or in the employ of the Town of Henrietta.
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 Henrietta 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 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 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 NYS Spill
Hotline within the time frame established by law as well as notify
the Town of Henrietta of the occurrence. In the event of a release
of nonhazardous materials, said person shall notify the Town of Henrietta
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 Henrietta, 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.