[Adopted 12-11-2007 by L.L. No. 9-2007]
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 Watercourses and water bodies in
a manner pursuant to and consistent with the Federal Clean Water Act
(33 U.S.C. § 1251 et seq.) by reducing Pollutants in Stormwater
discharges to the maximum extent practicable; prohibiting Nonstormwater
Discharges to the storm drain system; and prohibiting Stormwater discharges
to Sanitary Sewers.
The following words, terms or phrases, many
of which would not normally be capitalized, are capitalized in this
article. The intent of this capitalization is to call attention to
the fact that the word, term or phrase is a defined term. For the
purpose of this article, the following shall mean:
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 subject to SPDES construction permits. Currently
these include 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.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging Stormwater to the municipal
storm sewer.
HAZARDOUS MATERIAL
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.
ILLEGAL DISCHARGE
Any direct or indirect Nonstormwater Discharge to the storm drain system, except as exempted in §
109-7 of this article, and any Stormwater discharges to the Sanitary Sewer except as permitted by the Town of Clarkson.
ILLICIT CONNECTION
A.
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 connection
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 a government agency; or
B.
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 the
Town of Clarkson; or
C.
Any Stormwater discharge to a Sanitary Sewer
unless approved by the Town of Clarkson.
INDUSTRIAL ACTIVITY
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
INDUSTRIAL WASTE
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired by-product waste resulting from any process
of industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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.
PLANNING BOARD
The Planning Board of the Town of Clarkson as established in Chapter
27 of the Town of Clarkson Code.
POLLUTANT
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, articles 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.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRIVATE SEWAGE DISPOSAL 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.
SANITARY SEWER
A sewer which transports Sewage and to which storm-, surface
and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground-, surface and Stormwater as may be inadvertently
present. The admixture of Sewage with Industrial Wastes as defined
above or other wastes also shall be considered Sewage within the meaning
of this definition.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards.
The condition that applies where a municipality has been notified
that the discharge of Stormwater authorized under their municipal
separate storm sewer (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 of Clarkson
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
of Clarkson's MS4 permit that applies where the Town of Clarkson 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 of Clarkson'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 Town of Clarkson
discharges. If the discharge from the Town of Clarkson did not meet
the TMDL Stormwater allocation prior to September 10, 2003, the Town
of Clarkson was required to modify its Stormwater management program
to ensure that reduction of the Pollutant of concern specified in
the TMDL is achieved.
D.
The condition in the Town of Clarkson's MS4
Permit that applies if a TMDL is approved in the future by EPA for
any water body or watershed into which the Town of Clarkson discharges.
Under this condition, the Town of Clarkson must review the applicable
TMDL to see if it includes requirements for control of Stormwater
discharges. If the Town of Clarkson is not meeting the TMDL Stormwater
allocations, the Town of Clarkson 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.
STORM DRAINAGE SYSTEM
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 (i.e. ditches), reservoirs and other
drainage structures.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the Best Management Practices
and activities to be implemented by a Person 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.
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
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 303(d) listed water 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 (TMDL)
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
Any water or other liquid, other than uncontaminated Stormwater,
discharged from a facility.
WATERS OF THE UNITED STATES
Surface Watercourse and water bodies, as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry Stormwater
at and during all times and seasons.
WATERCOURSE
Waters of the United States as defined at 40 CFR 122.2.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Town of Clarkson. This article
also applies to Stormwater entering the Sanitary Sewers.
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 or unauthorized discharges
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 Clarkson 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.
In addition to or as an alternative to any penalty
provided herein or by law, any violation of this article is punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both for conviction of a first offense; a second violation
of this article committed within a period of five years is punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 30 days, or both; and a third or subsequent
violation of this article within a period of five years is punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 30 days, or both. Each day's continued
violation shall constitute a separate additional violation.
Any Person receiving a notice of violation may
appeal the determination of the Town of Clarkson. Appeals shall be
to the Planning Board. The Planning Board may consult with the Town
Engineer or any other professional to obtain information regarding
the appeal. The notice of appeal must be received by the Town Clerk
within 10 days from the date of the notice of violation. Hearing on
the appeal before the Planning Board shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of
the Planning Board shall be made within 15 days and 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 five days of the decision of the municipal
authority upholding the decision of the Town of Clarkson, its representatives
and/or employees may enter upon the subject private property with
the consent of the owner or with a valid search and/or seizure warrant,
and are authorized to take any and all measures necessary to abate
the violation and/or restore the property.
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
protection claim 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
of Clarkson by reason of such violation.
It shall be unlawful for any Person to violate
any provision or fail to comply with any of the requirements of this
article. If a Person has violated or continues to violate the provisions
of this article, the Town of Clarkson 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 article, the Town of Clarkson 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 article 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.
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Any Person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law, and upon conviction, shall be guilty of a violation and subject to a penalty as set forth in §
109-15 of this article.
The Town of Clarkson may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the Town of
Clarkson to seek cumulative remedies.